[GOAL] Open access copyright and licensing basics for OA publishers

2016-03-04 Thread Heather Morrison
This editorial published recently explaining the basics of copyright and 
licensing for OA journal publishers may be of interest to list readers. In 
brief, because one must have copyright to waive rights under copyright, it is 
important to clarify rights sharing between authors and journals in order to 
use CC licenses. Many scholarly authors include works involving third parties, 
which limits the rights authors are able to grant. There are advantages and 
disadvantages to each of the CC elements. It is not clear that there is a 
single licence optimal for every scholarly work. Finally we ask whether a 
clearer copy left license outside of Creative Commons could be a better fit for 
scholarly works. Creative Commons has done amazing work and produced some very 
useful tools, however the licenses cover any type of work under copyright and 
may never be optimal for every type of scholarly work.

Morrison, H. and Desautels, L. (2016). Open access, copyright and licensing: 
basics for open access publishers. Journal of Orthopaedic Case Reports 6:1.
http://www.jocr.co.in/wp/2016/01/02/2250-0685-360-fulltext/

I would like to thank list readers in advance for any feedback but note that I 
will need to set this aside for review over the summer.

best,

Heather Morrison

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Re: [GOAL] BLOG: Is CC-BY really a problem or are we boxing shadows?

2016-03-04 Thread Andrew A. Adams
> > The copyleft or "share-alike" principle does not prevent enclosing 
> > something in a paywall,
> 
> By this fact, it becomes clear that CC-BY-SA is not the "correct" license for 
> academic work.

Quoting a single line of a longer piece out of context is both mis-leading 
and rude. If you'd bothered to read past this one line and see the whole 
argument you might have understood that while it doesn't prevent it directly 
it undercuts any attempt to "proprietise" by first denying an exclusive 
right, provided someone, anyone, else has the original piece and makes it 
available - the original author, their institution, the Internet Archive... 
It also further udnercuts the incentive to even try because the organisation 
putting it behind a paywall is not permitted to prevent further dissemination 
for anyoine who has accessed it through the paywall.

We have large numbers of clear examples of how copleft/share-alike works in 
Free Software. There is very little Libre Software that is not also available 
gratis. Even where ther are organisations charging for access to derivative 
versions, the share-alike principle generally prevents them from doing more 
than charging for their real value-added changes because anyone who pays then 
gains the right to re-distribute the derivative version.

Besides which, my response was about a discussion which concluded that CC-BY 
was the correcct license. I disagree and argued for CC-BY-SA or in a few 
cases CC-BY-ND. I explained why CC-BY-NC is not a good license because of its 
utter lack of clarity in what it means.




-- 
Professor Andrew A Adams  a...@meiji.ac.jp
Professor at Graduate School of Business Administration,  and
Deputy Director of the Centre for Business Information Ethics
Meiji University, Tokyo, Japan   http://www.a-cubed.info/


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Re: [GOAL] BLOG: Is CC-BY really a problem or are we boxing shadows?

2016-03-04 Thread Downes, Stephen
> The copyleft or "share-alike" principle does not prevent enclosing something 
> in a paywall,

By this fact, it becomes clear that CC-BY-SA is not the "correct" license for 
academic work.

-- Stephen

-Original Message-
From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
Andrew A. Adams
Sent: March 3, 2016 6:06 PM
To: Global Open Access List (Successor of AmSci); Danny Kingsley
Cc: scholc...@lists.ala.org; lib-st...@lists.cam.ac.uk; 
lib-l...@lists.cam.ac.uk; ukcorr-discuss...@jiscmail.ac.uk
Subject: Re: [GOAL] BLOG: Is CC-BY really a problem or are we boxing shadows?


Danny,

My opinion is that CC-BY-SA is the correct license for academic works. All the 
claims I have seen for people wanting to use "NC" terms (NC is a controversial 
element whose meaning is not properly clear) are generally fixed by using SA 
instead. The copyleft or "share-alike" principle does not prevent enclosing 
something in a paywall, but ddoes require that there are no restrictions placed 
on anyone who then does have access, and for anything reasonably deemed a 
derivative work, it means that it must also be a CC-BY-SA licensed work, which 
generally discourages exploitive terms since then any consortium can club 
together, purchase access and then re-distribute.

For a small class of works there is a justification for CC-BY-ND which prevents 
derivatives beyond fair use/fair dealing (which are the basis on which m,ost 
academic quoting works anyway under "all rights reserved" 
licenses) for material which is controversial or sensitive. However, these 
cases are rare and should be used very sparingly.


-- 
Professor Andrew A Adams  a...@meiji.ac.jp
Professor at Graduate School of Business Administration,  and Deputy Director 
of the Centre for Business Information Ethics
Meiji University, Tokyo, Japan   http://www.a-cubed.info/


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