Re: Copyright: Form, Content, and Prepublication Incarnations

From: Albert Henderson <chessNIC_at_COMPUSERVE.COM>
Date: Thu, 15 Nov 2001 08:19:33 -0500

>On Wed, 14 Nov 2001, Joseph Pietro Riolo wrote:
>> > 6. How to get around restrictive copyright legally
>> >
>> I have a great doubt about the legality on the second statement in the
>> section 6.1 (saying that an author is not bound by any future copyright
>> transfer agreement). How do you arrive at that conclusion? Which
>> law says that you are not bound by any future copyright transfer
>> agreement?

I would point, instead, to the following passage as misleading:

        6.5. If 6.3 is unsuccessful, archive the"corrigenda"

        Your pre-refereeing preprint has already been self-archived
        since prior to submission, and is not covered by the copyright
        agreement, which pertains to the revised final ("value-added")
        draft. Hence all you need to do is to self-archive a further file,
        linked to the archived preprint, which simply lists the
        corrections that the reader may wish to make in order to conform
        the preprint to the refereed, accepted version.

If this were true, the standard language of copyright agreements would
refer to all prior versions of the work.

If the work covered by the copyright agreement is substantially the same,
using the same language, title, references, etc., then the earlier version
is also covered. The exception would be passages deleted from the earlier

Albert Henderson
Received on Thu Nov 15 2001 - 14:21:41 GMT

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