Responding to Requests to Sign Publishing Agreements or Requests for Copyright Transfer of USGS Written Works

By Office of Science Quality and Integrity

Updated July 2026

U.S. Geological Survey (USGS) written works are frequently published by parties outside the USGS (external parties) as described in Survey Manual (SM) chapter SM 1100.4. Consequently, USGS authors seek and receive many requests from external publishing organizations and digital content-sharing organizations, such as Creative Commons, for USGS authors to assign or license their work. These organizations often request that an agreement be signed for the organization to publish the work. This type of agreement may be referred to by various names including Publishing Agreement, Open Access License Agreement, or Copyright Transfer of Work. This guidance primarily applies to journal articles and other similar external publications.

Below are two workflows for USGS authors if they receive a request from a publisher to sign a publishing agreement or to transfer copyright for USGS-approved accepted manuscripts.

Workflow A describes the steps to ensure a publishing agreement can be signed by the USGS.

Workflow B describes the steps to respond to requests from external entities for a copyright transfer of USGS-authored works via sending a "no copyright to transfer" letter. USGS authors must inform the publisher that there is no copyright to transfer for work created as part of their official duties because works prepared by Federal Government employees as part of their official duties cannot be copyrighted. Under the provisions of the Copyright Act Title 17 of the United States Code (U.S.C.), “[c]opyright protection under this title is not available for any work of the United States Government….” (17 U.S.C. § 105). A “work of the United States Government” is a work prepared by an officer or employee of the United States Government as part of that person’s official duties (17 U.S.C. § 101, Definitions).

WORKFLOW A: Publishing Agreement Requests

When a publisher requests that a publishing agreement be signed, use the workflow below to confirm authority, check public access requirements, and obtain the required review before any signature is provided.

Step 1: Confirm authorized USGS signatory

USGS authors cannot sign publishing agreements. Only the Center Director, or a manager above the Center Director in the organizational chain, has the authority to sign on behalf of the USGS.

Step 2: Review federal public access requirements

Before moving forward, review the following requirements and references:

The USGS Public Access Plan, to confirm that the publishing agreement does not conflict with USGS public access requirements.

The August 25, 2022, OSTP Memorandum, which directs Federal agencies to provide free, immediate, and equitable access to federally funded research, including elimination of publication embargoes.

Questions about USGS or OSTP public-access requirements may be sent to the USGS FSP Advisory Council (FSPAC) at gs_fspac@usgs.gov.

Step 3: Check the publisher’s embargo policy

Determine whether the publisher or journal allows immediate self-archiving of the author-accepted manuscript in an institutional repository for public availability and distribution. The USGS Publications Warehouse is the USGS institutional repository where USGS authors may utilize the USGS Green Open Access option to self-archive the journal-accepted version of their manuscript.

If the agreement or journal policy includes any embargo period, the USGS cannot sign the agreement unless one of the following applies:

Free and public access is purchased (also called “open access” or "gold open access") so the work is immediately available to the public.

The author requests and the publisher agrees to remove the embargo period so the author-accepted manuscript may be immediately self-archived for public availability and distribution through the USGS Publications Warehouse.

Step 4: Submit the agreement for legal review

The USGS author or Science Center Director must email the publishing agreement to the Department of the Interior, Office of the Solicitor (SOL), Division of General Law, at PubAgreementsUSGS@sol.doi.gov for review and approval (Refer to SM 205.13 Appendix A L-1(b)).

After review, the SOL may:

Require changes to the agreement – Revise the agreement as instructed and send the revised version to the publisher for review.

Approve the agreement as submitted – The agreement may then be signed by the Science Center Director or another authorized manager on behalf of USGS.

Step 5: Request clarification if needed

If there are questions about the SOL guidance, forward the question and the SOL email response to the Office of Policy Analysis (OPA) at gs-a_opa@usgs.gov. Use the subject line "Publishing Agreement Question" and include any relevant attachments.

OPA’s role is limited to clarifying SOL guidance or questions about that guidance.

WORKFLOW B: Requests for Copyright Transfer of USGS Written Works

Step 1: Confirm authorized USGS signatory

USGS authors cannot sign a "no copyright to transfer" letter. Only the Center Director, or a manager above the Center Director in the organizational chain, has the authority to sign on behalf of the USGS.

Step 2: Confirm publisher will accept the letter

Confirm the publisher will accept a "no copyright to transfer" letter with the exact wording provided in the USGS letter template.

If the publisher cannot accept the letter without changes, stop this process and instead follow Workflow A (submit the publishing agreement to the Office of the Solicitor for legal review).

If the publisher agrees to accept the letter as written, proceed to Step 3.

Step 3: Prepare and submit the letter