APS Copyright Policies and Frequently Asked Questions

What is copyright? http://www.copyright.gov
Copyright is a form of legal protection for original works of authorship. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected", see http://www.copyright.gov/circs/circ1.html#wwp

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

What is the difference between copyright infringement and plagiarism?   Top
Copyright infringement occurs when an author's work is reused or republished without the permission of the copyright owner, whether or not author attribution accompanied the reuse.

Plagiarism occurs when an author's work has been reused or republished in such a manner as to make it appear as someone else's work, e.g., without quotation marks and citation of the original work.

Why should I transfer copyright to APS?   Top
Like many other scientific publishers, the American Physical Society (APS) requires authors or their employers to provide transfer of copyright prior to publication. This permits APS to publish the article and to defend against improper use (or even theft) of the article. It also permits APS to mount the article online and to use the article in other forms or media, such as PROLA. By the APS transfer agreement, authors and their employers retain substantial rights in the work, as specified in the agreement (http://forms.aps.org/author/copytrnsfr.pdf) and discussed in this document.

Why should I transfer copyright to APS before the article is accepted for publication by an APS journal?
Transferring copyright early in the process avoids the possibility of delaying publication if the transfer has to be obtained later in the process. By the terms of the copyright transfer agreement itself, it has no effect until the paper is accepted by an APS journal. The author retains the copyright until acceptance, and has the full freedom, for example, to withdraw the paper from consideration by an APS journal and submit it elsewhere.

Does transferring copyright affect my patent rights?
No. Copyright is separate from any patent rights, and the APS transfer agreement specifically states that patent rights are not affected. However, you should be aware that submitting a manuscript to a journal without first taking steps to protect your patent rights (e.g., filing for a patent) could endanger those rights. Consult your patent attorney.

As the author of an APS-published article, can I post my article or a portion of my article on my own website?   Top
Yes, the author or the author's employer can use all or part of the APS published article, including the APS-prepared version (e.g., the PDF from the online journal) without revision or modification, on the author's or employer's website as long as a fee is not charged. If a fee is charged, then APS permission must be sought. In all cases, the appropriate bibliographic citation and notice of the APS copyright must be included.

What happens if the author has posted an APS-published article on a free access e-print server or on the authors' or institutions' web page and subsequently a fee is imposed for access to those sites?
When a fee is imposed, the author must either obtain permission from APS or withdraw the article from the e-print server or Institutional Repository.

As the author, can I post my article or a portion of my article on an e-print server?
The author has the right to post and update the article on a free-access e-print server using files prepared and formatted by the author. Any such posting made or updated after acceptance of the article for publication by APS shall include a link to the online abstract in the APS journal or to the entry page of the journal. In all cases, the appropriate bibliographic citation and notice of the APS copyright must be included. If the author wishes to use the APS-prepared version (e.g., the PDF from the online journal) on an e-print server other than authors' or employer's website, then APS permission must be sought. Similarly, if the author wishes to post the article (any version) on an e-print server that charges a fee for use, APS permission must be sought.

As the author of an APS-published article, can I use figures, tables, graphs, etc. in future publications?
Yes, as the author you have the right to use figures, tables, graphs, etc. in subsequent publications using files prepared and formatted by the author. However, if the APS-prepared version is used then APS permission is required. The appropriate bibliographic citation and notice of the APS copyright must be included.

As the author, can I include my article or a portion of my article in my thesis or dissertation?
Yes, the author has the right to use the article or a portion of the article in a thesis or dissertation without requesting permission from APS, provided the bibliographic citation and the APS copyright credit line are given on the appropriate pages.

As the author of an APS published article, may I give permission to a colleague or third party to republish all or part of the article in a print publication?   Top
Yes, as the author you can grant permission to third parties to republish print versions of the article provided the APS-prepared version (e.g., the PDF from the online journal, or a copy of the article from the print journal) is not used for this purpose, the article is not published in another journal, and the third party does not charge a fee. The appropriate bibliographic citation and notice of the APS copyright must be included.

As the author of an APS published article, may I give permission to a colleague or third party to republish all or part of the article in an online journal, book, database compilation, etc.?
Authors should direct the third party request to APS.

As the author of an APS published article, may I provide a PDF of my paper to a colleague or third party?
The author is permitted to provide, for research purposes as long as a fee is not charged, a PDF copy of his/her article using either the APS-prepared version or the author prepared version.

As a third party (not an author), can I request permission to republish an article or portion of an article published by APS?   Top
Yes, APS will grant permission to republish articles or portions of articles (e.g., tables, graphs, excerpts) published by APS. Depending on the reuse and medium APS has the right to grant permission subject to APS terms and conditions and a fee may be assessed. APS will generally require the third party to obtain the author's permission also.

As a third party, can I use articles published by APS for lecture and classroom purposes?
Yes, you may use photocopied articles published by APS for lecture and classroom purposes for a single semester without asking permission from APS. However, if the article becomes part of your course material beyond one semester, you must obtain permission from APS. Also, there is no limitation on the use of APS articles using links to the material accessible through institutional subscriptions.

How do I request permission to republish APS-copyrighted material?   Top
To request permission to republish APS-copyrighted material, please provide the following information:

1. Title of journal
2. Title of article
3. Name of author
4. Volume number, page number (or article identifier), year
5. Indicate if you are requesting to republish in print, online, CD-ROM, and/or other format
6. Indicate if you wish to republish all or portion of article; if a portion describe the specific material, e.g., figure numbers, excerpt
7. Indicate how the material will be used, e.g., in a book, journal, proceeding, thesis, etc.
8. Indicate the title of publication
9. Indicate the name of the publisher
10. Indicate whether or not a fee will be charged for the publication

All permission requests must be in writing (email is acceptable). Blanket permissions are not granted. Please note all requests are subject to APS terms and conditions and a fee may be assessed.

Please allow 3-5 business days for us to respond to a permission request provided all the above information is provided at the time of the request.

Send all permission requests to:

Associate Publisher
American Physical Society
One Physics Ellipse
College Park, MD 20740
Email: assocpub@aps.org

If your questions have not been addressed and you need further assistance, please call: 301-209-3283.

How do I provide a proper bibliographic citation and notice of the APS copyright?   Top
Provide the following information in this order:

Authors names, journal title, volume number, page number (or article identifier), year of publication. "Copyright (year) by the American Physical Society."

For further information about copyright in general, please refer to the Library of Congress FAQ at: http://www.copyright.gov/help/faq/

Journals published by the American Physical Society can be found at http://publish.aps.org/

APS COPYRIGHT TRANSFER FORM can be found at http://forms.aps.org/author/copytrnsfr.pdf   Top

FAQ Version: January 1, 2006