On 2015-05-29, at 6:31 AM, David Prosser <[email protected]<mailto:[email protected]>> wrote:
Heather has mentioned in her posts a couple of times the fact that in the Review of RCUK Open Access Policy, ‘Scholars and scholarly societies noted that the RCUK preference for CC-BY was problematic with respect to third party works’. In the interests of balance it is worth remembering, and Heather doesn’t mention this, that the Review concluded: 'There are ways to protect third party material even within a CC-BY-licensed article, but this is not well-understood by all rights-owners, and the issue will take some time to be resolved.’ Comment: thank you, this is a helpful addition to the discussion. Here is one suggestion on working towards a resolution: educate our communities on the broader issue of third party works that are often included in other works. This is not just a CC-BY issue, third party works can be part of any work, regardless of copyright or license. For example, Environmental Health Perspectives is public domain since it is published by the U.S. government, but the following language is provided on the publishers' website to alert people wishing to use material that the public domain status will not apply to third party works: Articles from EHP, especially the News section, may contain photographs or figures copyrighted by other commercial organizations or individuals that may not be used without obtaining prior approval from the holder of the copyright. http://ehp.niehs.nih.gov/instructions-to-authors/ Note that addressing third party copyright is important even when one a portion of a work under a CC license is included in another CC licensed work. Attribution must be to the original, not just the downstream work, although as per common citation practice, "as found in" for downstream work is appropriate. Perhaps we can build on examples like EHP to develop models for best practices in this area? Does anyone have other suggestions for how to resolve this particular issue? best, -- Dr. Heather Morrison Assistant Professor École des sciences de l'information / School of Information Studies University of Ottawa Desmarais 111-02 613-562-5800 ext. 7634 Sustaining the Knowledge Commons: Open Access Scholarship http://sustainingknowledgecommons.org/ http://www.sis.uottawa.ca/faculty/hmorrison.html [email protected]<mailto:[email protected]>
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