On Tue, Oct 9, 2012 at 7:33 PM, Jan Velterop <velte...@gmail.com> wrote:

> There is an inconsistency here, either way. We've always heard, from
> Stevan Harnad, that the author was the one who intrinsically had copyright
> on the manuscript version, so could deposit it, as an open access article,
> in an open repository irrespective of the publisher's views. If that is
> correct, then the author could also attach a CC-BY licence to the
> manuscript version. If it is incorrect, the author can't deposit the
> manuscript with open access without the explicit permission of the
> publisher of his final, published version, and the argument advanced for
> more than a decade by Stevan Harnad is invalid. Which is it? I think Stevan
> was right, and a manuscript can be deposited with open access whether or
> not the publisher likes it. Whence his U-turn, I don't know. But if he was
> right at first, and I believe that's the case, that also means that it can
> be covered by a CC-BY licence. Repositories can't attach the licence, but
> 'gold' OA publishers can't either. It's always the author, as copyright
> holder by default. All repositories and OA publishers can do is require it
> as a condition of acceptance (to be included in the repository or to be
> published). What the publisher can do if he doesn't like the author making
> available the manuscript with open access, is apply the Ingelfinger rule or
> simply refuse to publish the article.
> Jan,
I think this is very important.

If we can establish the idea of Green-CC-BY as the norm for deposition in
repositories then I would embrace it enthusiastically. I can see no
downside other than that some publishers will fight it. But they fight

It also clairfies the difference between the final author ms and the
publisher version of record.

It would resolve all the apparent problems of the Finch reoprt etc. It is
only because Green licences are undefined that we have this problem at all.

And if we all agreed it could be launched for Open Access Week

Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
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