The words "prior approval of publications" are usually considered inconsistent with the mission of a university. Nevertheless, there are some workarounds.

1. If there is a reasonable probability that intellectual property will be created during the grant period, then the sponsor may  be granted a period of time, eg 46-60 days, in which to determine whether to apply for a patent or otherwise protect the ip. In this case, the university controls publication.
2. If the proposed publication contains confidential information over which the company has a legal right, then it may request that the info be removed from the publication.
3. If the work has implications for national security, then a government agency may   label it secret and embargo its publication. (But this outcome might have been foreseen in the original contract.)
4. If the work is simply carrying out a protocol developed elsewhere, with no creative input from the faculty member, then it is simply a work for hire, and one should ask why the university is doing it? (There are some valid reasons.)
5. If you have no other choice, and the university really wants the contract, then the contract should spell out the terms under which "prior approval" might be converted to "disapproval of publication."

Allowing "prior approval" into a contract is a slippery slope. It will be easier the next time.

Regards
Bob Bienkowski

--
Robert S Bienkowski, PhD
xxxxxx@att.net

 -------------- Original message ----------------------
From: "Robyn B. Remotigue" <xxxxxx@SPA.MSSTATE.EDU>
> I am in the process of negotiating a contract with a private company, and the
> money is flowdown from the Army.  They are requesting prior approval of
> publications and the contract states that they will provide a response with 5
> business days.
>
> In general the clause is open-ended and provides no expiration date.  At some
> point, there should be no limitations on the publications from the work done on
> this project.  The company has asked that I provide them with time frame.
>
> Any one ever encounter this before * any ideas on what is  reasonable?
> Thanks in advance.
>
>
> Robyn B. Remotigue, CRA
> Administrator
> Office of Sponsored Programs
> P.O. Box 6156
> Mississippi State, MS  39762
>
> FEDEX :
> 133 Etheredge Hall
> Hardy Road
> Mississippi State, MS  39762
>
> 662.325.7397
> 662.325.3803  FAX
> Email:  xxxxxx@spa.msstate.edu
>
>
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