Hi all,

Although I don't share Heather's fears as to the dangers of CC BY in scientific 
publishing, I agree that authors should be able to make an informed choice when 
they are asked to accept it as a publication condition.

The verb "share" certainly doesn't convey the full scope of the rights granted 
users by the CC BY licence. The correct verb would be "use", and it should be 
stated that it includes, among others, distributing copies, republishing, and 
adapting (translating, for instance).

By the way, one may wonder if the authors of this "proposed policy" fully 
understand the meaning of the CC BY licence. For instance, the second part is 
completely irrelevant: anyone who obtains a work with a CC BY licence can 
republish it with no need of a "separate, additional contractual arrangement" 
with the copyright owner (unless one doesn't want to be bound by the 
attribution condition).

Marc Couture

-----Message d'origine-----
De : [email protected] [mailto:[email protected]] De la part de 
Heather Morrison
Envoyé : 21 mai 2015 11:10
À : Global Open Access List (Successor of AmSci)
Objet : [GOAL] CC-BY journal draft policy: possibly of interest

The Journal of Orthopaedic Case Reports has posted a Proposed Creative Commons 
notice which may be useful for discussion purposes.

My perspective is that it is helpful to have this explanatory information, good 
to see clarification of author copyright retention and active encouragement for 
authors to re-use their own works. However, the explanation of what CC-BY does 
is not accurate as it fails to explain that the license grants blanket 
commercial and re-use rights to anyone downstream. How would an author know 
that they could be opening up their work (or third party work) to the kind of 
commercial exploitation we saw in the Chang vs. Virgin Mobile case? 
(http://poeticeconomics.blogspot.ca/2014/02/chang-vs-virgin-mobile.html)

The journal links to the CC-BY deed, but not to the quick explanation for 
authors or the legal code. Whether CC-BY is a good idea for open access is a 
separate question; my argument is that it is not 
http://poeticeconomics.blogspot.ca/2012/10/critique-of-cc-by-series.html


Proposed Policy for Journal of Orthopaedic Case Reports
from:
http://jocr.co.in/index.php?journal=jocr&page=about&op=submissions#authorGuidelines



Authors who publish with this journal agree to the following terms:

        . Authors retain copyright and grant the journal right of first 
publication with the work simultaneously licensed under a Creative Commons 
Attribution License that allows others to share the work with an 
acknowledgement of the work's authorship and initial publication in this 
journal.

        . Authors are able to enter into separate, additional contractual 
arrangements for the non-exclusive distribution of the journal's published 
version of the work (e.g., post it to an institutional repository or publish it 
in a book), with an acknowledgement of its initial publication in this journal.

        . Authors are permitted and encouraged to post their work online (e.g., 
in institutional repositories or on their website) prior to and during the 
submission process, as it can lead to productive exchanges, as well as earlier 
and greater citation of published work (See The Effect of Open Access).

I am noting some of the copyright-related issues spotted during the 2015 OA APC 
data gathering process, including instances of OA APC charging journals with 
copyright transfer agreements. There are journals with CC-BY licenses requiring 
full copyright transfer and limiting author rights. Details here: 
http://poeticeconomics.blogspot.ca/2015/05/open-access-publishing-current-issues.html

best,

--
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies University 
of Ottawa http://www.sis.uottawa.ca/faculty/hmorrison.html
Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
[email protected]



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