On 17 December 2013 22:38, Couture Marc <[email protected]> wrote:

>  I’m in the editorial board of an OA journal which uses -NC but doesn’t
> ask authors to grant it a license, so the authors keep the exploitation
> rights.
>
>
>
> The problem with Elsevier is that they require (even for CC-BY) an
> exclusive license to publish that effectively makes them the ones who give
> permissions (and pocket the money).
>

To re-iterate a previous discussion, an exclusive publishing license exists
between the author and the publisher, and can not limit anyone downstream
with what they can do according to the terms of the licence they have been
granted. So anything that is CC-BY would allow full derivative and
commercial use providing there is appropriate attribution. It's impossible
for the exclusive license to limit that.

For rights not covered by the licence (e.g. commercial use for an -NC), and
this may be dependent on the license between author / publisher (but it
would need to be more specific than exclusive publishing rights of the
article), then the copyright holder is able to grant those rights.

G
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