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  • 5.0 Ethical and Legal Considerations x
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Copying, Reproducing, Adapting, and Other Uses of Content.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0205
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To copy or reproduce an entire work without authorization from the copyright owner constitutes copyright infringement. However, a reasonable type and amount of copying of a copyrighted work is permitted under the fair use provisions of US copyright law.16 (§107) What constitutes fair use of copyrighted material in a given case depends on the following 4 factors...
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Copyright Assignment or License.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
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Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0203
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Typically, copyright of a work vests initially with the author of the work. As copyright owner, an author may transfer rights to a publisher by copyright assignment, exclusive license, or nonexclusive license.16 , 64 , 73 A broadly worded exclusive license may provide much of the same rights to publishers as would a copyright transfer agreement. Thus, an owner of an exclusive assignment (through either copyright transfer or broadly worded exclusive license) may produce derivative works and sublicense specific rights to others. Some publishers permit authors to retain certain rights to their works, even when assigning copyright or granting an exclusive license (such as making copies for educational purposes, posting a copy on a personal or institutional website, or depositing a copy in an institutional or other repository to comply with research funding requirements). A nonexclusive license for publication permits a publisher certain rights to publish and disseminate work, but the copyright remains with the author, who retains control over access, use, and distribution....
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Copyright Notice and Registration.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0204
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Although use of a copyright notice is not required under copyright law, the US Copyright Office strongly recommends use of such a notice.60 A copyright notice for all visual copies of a work should contain the following 3 elements16 (§401): The word “Copyright,” the abbreviation “Copr,” or the symbol ©,...
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Copyright Resources.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0211
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Additional information about copyright law may be obtained from several sources. For a detailed legal account, consult Perle and Williams on Publishing Law  62 or Nimmer on Copyright  64 (although these resources are expensive and may be best consulted via a library that has these in its holdings). Other useful texts include the ...
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Copyright: Definition, History, and Current Law.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0201
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Copyright is a term used to describe the legal right of authors to control the communication and reproduction of their original works of authorship, and in the United States, it has its basis in the US Constitution.1 , 16 Copyright law provides for the protection of rights of parties involved in the creation and dissemination of intellectual property. While a variety of people and entities derive benefits from copyright laws (authors, publishers, editors, composers, artists, and the producers of video and audio broadcasts and programs, films, websites, computer programs, applications, and software), few thoroughly understand the law and its basic applications. This section discusses current copyright laws and applications in scientific publishing. Copyright laws, scope, and protections vary by country (...
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Intellectual Property: Ownership, Access, Rights, and Management.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.021.0080
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[Will copyright survive the new technologies?] That question is about as bootless as asking whether politics will survive democracy. The real question is what steps it will take to ensure that the promised new era of information and entertainment survives copyright. History offers a clue....
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International Copyright Protection.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0209
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There is no international copyright law.67 Copyright law, scope, protections, and remedies are governed by individual nations and treaties among them. Thus, copyright laws do not automatically protect an author’s work throughout the world. However, most countries offer protection to works from other nations....
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Moral Rights.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

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Feb 2020
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Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0210
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Moral rights, first introduced by the French as droit moral, is a doctrine of copyright law intended to protect individual creators’ noneconomic investments in their work and the personality of the creator as it relates to the work regardless of copyright ownership or transfer.62...
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Ownership and Control of Data.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
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Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0199
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Conceptual application of the term property to scientific knowledge is not new, but advances in science and technology, economic factors, regulations, and policies have fueled disputes, concerns, and changes in attitude about data ownership, control, transparency, and access.1 , 2 , 3 , 4 , 5 , 6 , 7...
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Patents.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

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Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0212
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Patents protect different types of intellectual property than do copyright and trademark. Patent law protects invention and technology, copyright protects an original artistic or literary work (see 5.6.1, Ownership and Control of Data), and trademark protects brand names and logos used on goods and services (...
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Permissions for Reuse.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
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Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0206
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The copyright owner has the right to attach conditions to giving permission for reuse whether in print or electronic format, such as requiring proper credit and copyright notice. Permission is usually granted by most publishers without charge or with a small processing fee to use portions (text, figures, or tables) of articles or other works when such use will not result in commercial gain. To expedite review of permission requests, requestors should include the following information in each request:...
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Public Access and Open Access in Scientific Publication.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0200
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The open access movement began in the late 1990s in conjunction with technologic advances and calls for greater transparency in and availability of scientific information and following the proliferation of online journals available (both versions of print journals and journals published only online), the concurrent inability of declining library budgets to keep pace with increases in the numbers of journals and rising subscription prices, and demands to reduce information gaps and access to the results of funded research....
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Standards for Commercial Reprints and e-Prints.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0207
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Pharmaceutical and device companies, institutions, and other organizations may purchase nonexclusive rights to reproduce scientific articles as reprints or provide access to these as e-prints, single articles, or collections of articles to help market their products. A reprint is the republication of an article or collection of articles in which the content is unchanged from the original publication (except perhaps for the inclusion of postpublication corrections). An ...
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Standards for Licensed International Editions.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0208
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A publisher may license others to publish international or translated editions of its scientific journals. To ensure the quality of these editions, the following standards are recommended: ■ Copyright in the international edition and all translated articles is owned by the original publisher, unless articles or parts of articles are governed by a specific publication license (in which case such should be indicated on or within each specific article)....
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Trademark.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0213
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section
Trademark and unfair-competition laws are designed to prevent a competitor from selling goods or services under the auspices of another. Trademark law, not copyright law, protects trademarks, service marks, and trade names.90 Trademarks are legally registered words, names, symbols, designs, or any combination of these items that are used to identify and distinguish goods from those goods manufactured and sold by others and to indicate the source or origin of the goods (eg, brand names)....
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Types of Works and Copyright Duration in the United States.  

Annette Flanagin

in AMA Manual of Style: A Guide for Authors and Editors (11th ed.)

Print Publication Year: 
Feb 2020
Published Online: 
Feb 2020
DOI: 
10.1093/jama/9780190246556.003.0005.022.0202
Item type: 
section
The length of copyright protection in the United States depends on several factors: when the work was created (key dates are before or after January 1, 1978), the number of authors (ie, single-author vs joint-author works), and the type of work (eg, work made for hire or owned by the federal government)....

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