I agree with Marc's comments but would add that authors need to know that "use" includes commercial use (this includes for-sale and for-profit re-use), and remix.
Re-use doesn't mean the kind of re-uses we like, it just means re-use. It might mean a serious scholar re-using part of our work in their own highly prestigious work - or it could mean a for-profit company taking a picture of a research subject and using it in an ad. That's another form of commercial re-use and re-mix. Working towards understanding what we're actually talking about is a really good direction IMHO. best, Heather > On May 21, 2015, at 1:34 PM, "Couture Marc" <[email protected]> wrote: > > 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] > > > > _______________________________________________ > GOAL mailing list > [email protected] > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal > > _______________________________________________ > GOAL mailing list > [email protected] > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal _______________________________________________ GOAL mailing list [email protected] http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
