I agree with Heather, this is unclear and needs checking. There is a difference between the author of a work and the owner. I would agree that it appears to be a deceptive practice. I have had similar problems "arguing" with Elsevier about text-and-datamining "licences" where the licences apparently give rights to Elsevier.
I will try to get an informal opinion. On Fri, May 20, 2016 at 6:18 PM, Heather Morrison < heather.morri...@uottawa.ca> wrote: > Elsevier's copyright page provides a very clear example of copyright > transfer combined with CC licenses. Elsevier is not alone in this practice; > I see this quite frequently while looking for APCS. > > The Elsevier copyright page: > https://www.elsevier.com/about/company-information/policies/copyright > > States under "for open access articles": > "Authors sign an exclusive license agreement, where authors have copyright > but license exclusive rights in the article to the publisher. In this case > authors have the right to share their articles in the same ways permitted > to third parties..." > > This language makes it very clear that when Elsevier applies CC licenses, > Elsevier (or one of its partners) is the Licensor or copyright holder, > even when there is a copyright statement indicating the author holds > copyright. > > I argue that this is a deceptive practice that I call author nomination > copyright. > > This is important, because CC licenses place obligations downstream for > licensees, not Licensor. The copyright holder of a CC license has no > obligation to continue to provide a copy of the work under the same terms > in perpetuity (unless there is a separate contract). > > To assess the extent of this practice one must examine journal/author > contracts, not just visible indications, because even if an author is > licensed CC-BY and indicates the author as copyright holder, it may > actually be the publisher who owns all the rights under copyright. > > best, > > Heather Morrison > > > > > _______________________________________________ > GOAL mailing list > GOAL@eprints.org > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal > > -- Peter Murray-Rust Reader in Molecular Informatics Unilever Centre, Dep. Of Chemistry University of Cambridge CB2 1EW, UK +44-1223-763069
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