[Insight-users] Draft of Modified IEEE Copyright Transfer Agreement : to make it compatible with NIH Open Access Policy

[Luis Ibanez]

Please find attached a first draft of how the standard IEEE Copyright
Transfer Form could be modified in order to allow you to comply with
the new NIH Open Access requirements and with US copyright laws.

Note that this is a first draft, and is not produced or approved
by IEEE. You may find it useful as a first template to negotiate
the copyright agreement with any IEEE journal is your are submitting
a paper after April 7th 2008.

Note that this is only a concern if your paper is presenting results
from research that was funded by NIH. Other funding agencies may have
different requirements.

Note also that any copyright agreement should be first approved by
the "intellectual property" office of your institution, where you
will have the advice of a competent attorney.



      Regards,



         Luis



---------------------------



-------------- next part --------------
IEEE COPYRIGHT FORM - MODIFIED

Please read the form carefully and keep a copy for your files. This form has
been modified in order to make possible for authors to comply with the new NIH
regulations requiring papers produced by NIH funded research to be submitted to
PubMedCentral immediately after publication.

TITLE OF PAPER/ARTICLE/REPORT/PRESENTATION/SPEECH (hereinafter, “the Work”):
COMPLETE LIST OF AUTHORS:
IEEE PUBLICATION TITLE (Journal, Magazine, Conference, Book):

License Terms

The undersigned hereby assigns to the Institute of Electrical and Electronics
Engineers, Incorporated (the “IEEE”) a license to copy, distribute, perform
public display and generate derivative works of the Work. The authors retain
the copyright of the work. 

Author Responsibilities

The IEEE distributes its technical publications throughout the world and wants
to ensure that the material submitted to its publications is properly available
to the readership of those publications. Authors must ensure that their Work
meets the requirements as stated in section 8.2.1 of the IEEE PSPB Operations
Manual, including provisions covering originality, authorship, author
responsibilities and author misconduct. More information on IEEE’s publishing
policies may be found at
http://www.ieee.org/web/publications/pubtoolsandpolicyinfo/index.html. Authors
are advised especially of IEEE PSPB Operations Manual section 8.2.1.B12: "It is
the responsibility of the authors, not the IEEE, to determine whether
disclosure of their material requires the prior consent of other parties and,
if so, to obtain it." Authors are also advised of IEEE PSPB Operations Manual
section 8.1.1B: "Statements and opinions given in work published by the IEEE
are the expression of the authors."

General Terms

*	The undersigned represents that he/she has the power and authority to make 
  and assign this license.

*	In the event the above work is not accepted and published by the IEEE or is 
  withdrawn by the author(s) before acceptance by the IEEE, the foregoing  
  license shall become null and void and all materials embodying the Work 
  submitted to the IEEE will be destroyed.

*	For jointly authored Works, all joint authors should sign, or one of the 
  authors should sign as authorized agent for the others.


(1)_____________________________________________________________		___________________________________
	Author/Authorized Agent for Joint Authors					Date


U.S. Government Employee Certification (where applicable)

This will certify that all authors of the Work are U.S. government employees
and prepared the Work on a subject within the scope of their official duties.
As such, the Work is not subject to U.S. copyright protection.


(2)_____________________________________________________________		___________________________________
   Authorized Signature 							Date

(Authors who are U.S. government employees should also sign signature line (1)
above to enable the IEEE to claim and protect its copyright in international
jurisdictions.)

Crown Copyright Certification (where applicable)

This will certify that all authors of the Work are employees of the British or
British Commonwealth Government and prepared the Work in connection with their
official duties.  As such, the Work is subject to Crown Copyright and is not
assigned to the IEEE as set forth in the first sentence of the Copyright
Transfer Section above.  The undersigned acknowledges, however, that the IEEE
has the right to publish, distribute and reprint the Work in all forms and
media.


(3)_____________________________________________________________		___________________________________
   Authorized Signature 							Date

(Authors who are British or British Commonwealth Government employees should
also sign line (1) above to indicate their acceptance of all terms other than
the copyright transfer.) rev. 070307

IEEE COPYRIGHT FORM (continued)




RETAINED RIGHTS/TERMS AND CONDITIONS

1.	Authors/employers retain the copyright of the work and all proprietary
    rights in any process, procedure, or article of manufacture described 
    in the Work.
2.	(deleted)
3.	(deleted)
4.	In the case of a Work performed under a U.S. Government contract or 
    grant, the IEEE recognizes that the U.S. Government has royalty-free 
    permission to reproduce all or portions of the Work, and to authorize 
    others to do so, for official U.S. Government purposes only, if the 
    contract/grant so requires.


INFORMATION FOR AUTHORS 

IEEE Copyright Ownership

The license given by the authors, authorizes IEEE to copy, distribute, perform
public display and generate derivative works of the Work. The license is
extended also to all subscribers of IEEE publications.  Copyright ownership is
retained by the authors in order to ensure that they can comply with US Federal
Laws regarding the dissemination of result from research funded by the US
National Institutes of Health.

Author/Employer Rights

If you are employed and prepared the Work on a subject within the scope of your
employment, the copyright in the Work belongs to your employer as a
work-for-hire. In that case, the IEEE assumes that when you sign this Form, you
are authorized to do so by your employer and that your employer has consented
to assign this license to IEEE and its Journal subscribers, to the
representation and warranty of publication rights, and to all other terms and
conditions of this Form.  If such authorization and consent has not been given
to you, an authorized representative of your employer should sign this Form as
the Author.  Reprint/Republication Policy


PLEASE DIRECT ALL QUESTIONS ABOUT THIS FORM TO:
Manager, IEEE Intellectual Property Rights Office, 445 Hoes Lane, Piscataway, NJ 08855-1331.  
Telephone +1 (732) 562-3966