Email from John Ochs, ACS, 5/2/11, clarifying that MIT authors need not obtain permission from journal editors; they need only opt out of the MIT Faculty Open Access Policy and then they can post their papers under the ACS policy in DSpace@MIT 12 months after publication.

EMAIL:
Thanks for clarifying the question.
The answer is in two parts:
[cut]

Second, even if a waiver had been previously obtained, if a university?s policy is an unfunded mandate that requires their faculty to post manuscripts, either in original or peer-reviewed/accepted for publication form, ACS authors would not need to check with the appropriate ACS editor-in-chief if the act of posting the manuscript in its original or peer-reviewed/accepted for publication form occurs at or after 12 months following online publication. 

Let me know if this helps,


Jack.


------------------------------
John P. Ochs
Vice President, Strategic Planning and Analysis
American Chemical Society, Publications Division
Office:? 202 872 6321
Fax:????? 202 452 8913
e-mail:? j_ochs@acs.org






Publisher:
American Chemical Society

Author's Pre-print:

??subject to Restrictions below, author can archive pre-print (ie pre-refereeing)

Restrictions:
Must obtain written permission from Editor
Must not violate ACS ethical Guidelines

Author's Post-print:

??subject to Restrictions below, author can archive post-print (ie final draft post-refereeing)

Restrictions:
If mandated by funding agency or employer/ institution
Must obtain written permission from Editor confirming posting does not conflict prior publication policies
If mandated to deposit before 12 months, must obtain waiver from Institution/ Agency or use AuthorChoice
12 months

Publisher's Version/PDF:

??subject to Restrictions below, author can archive publisher's version/PDF

Restrictions:
If mandated by funding agency or employer/ institution
Must obtain written permission from Editor confirming posting does not conflict prior publication policies
If mandated to deposit before 12 months, must obtain waiver from Institution/ Agency or use AuthorChoice
12 months

General Conditions:
On website or repositories
Non-Commercial
Must be accompanied by set statement (see policy)
Must link to publisher version
If mandated sooner than 12 months, must obtain waiver from Editors or use AuthorChoice
Publisher's version/PDF may be used, but only via AuthorChoice option

Mandated OA:
Compliance data is available for 8 funders

Paid Open Access:
ACS AuthorChoice

Copyright:
Copyright form - ACS Journal Publishing Agreement - NIH Policy

RoMEO:
This is a RoMEO white publisher