[okfn-discuss] [open-science] SPARC author addendum uses CC-NC licence and now all hybrid publishers have followed

Sun Dec 11 13:25:04 UTC 2011

Dear all,

Just a point of notice. In the case of hybrid publishing between OA and
paper versions, and in particular for OA monographs, it is perfectly
understandable that licenses forbid commercial exploitation of paper
versions. Unfortunately the CC licenses do not allow provisions such as
commercial use permitted for electronic versions and reserved for paper
versions. One should find a workaround this.

Best,

Philippe
> On Sun, Dec 11, 2011 at 1:04 PM, Heather Joseph <heather at arl.org> wrote:
>
>> Excellent question, and thanks thanks to Peter for raising this point.
>> SPARC's Steering Committee is meeting tomorrow, and I will put this
>> item at the top of our list for discussion. If, as I suspect, they
>> want to do an update, I'll will be in touch with Mike Carroll pronto
>> for assistance.
>>
>
> Thanks Heather,
> Have you seen the almost universal CC-NC  that Ross Mounce has accumulated
> for hybridOA? We have to change this now or we will spend a decade trying
> to recover the ground
>
>
>> Very important issue. Again, my thanks for raising it!
>>
>> H.
>>
>> Sent from my iPad
>>
>> On Dec 11, 2011, at 7:51 AM, Daniel Mietchen
>> <daniel.mietchen at googlemail.com> wrote:
>>
>> > OK, so what's the process of updating this author addendum?
>> > Daniel
>> >
>> >
>> > On Sun, Dec 11, 2011 at 12:12 PM, Peter Murray-Rust <pm286 at cam.ac.uk>
>> wrote:
>> >> I have discovered to my surprise and disappointment that the SPARC/SC
>> author
>> >> addendum for scholarly publishing requests the publisher to allow the
>> author
>> >> to distribute their work under a CC-NC or equivalent licence. The
>> addendum
>> >> was created as a joint activity between Science Commons and SPARC
>> (copied).
>> >> http://www.arl.org/sparc/author/addendum.shtml
>> >> and
>> >> http://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf
>> >>
>> >> 4. Author’s Retention of Rights. Notwithstanding any terms in the
>> >> Publication Agreement to the contrary, AUTHOR and
>> >> PUBLISHER agree that in addition to any rights under copyright
>> retained
>> by
>> >> Author in the Publication Agreement, Author
>> >> retains: (i) the rights to reproduce, to distribute, to publicly
>> perform,
>> >> and to publicly display the Article in any medium for noncommercial
>> >> purposes; (ii) the right to prepare derivative works from the
>> Article;
>> and
>> >> (iii) the right to authorize others to make
>> >> any non-commercial use of the Article so long as Author receives
>> credit
>> as
>> >> author and the journal in which the Article has been
>> >> published is cited as the source of first publication of the Article.
>> For
>> >> example, Author may make and distribute copies in the
>> >> course of teaching and research and may post the Article on personal
>> or
>> >> institutional Web sites and in other open-access digital
>> >> repositories.
>> >>
>> >> This was crafted in 2006 and since then there is abundant evidence
>> and
>> >> argument that CC-NC is extremely limiting (e.g. no permission to use
>> >> diagrans in textbooks and also unworkable). We have heard on this
>> list
>> that
>> >> CC are considering an option to retire CC-NC.
>> >>
>> >> The addendum was primarily crafted for cases where the author did not
>> pay
>> >> for publication. Yet almost all publishers now licence PAID "open
>> Access" as
>> >> CC-NC.
>> >>
>> >> Michael Carroll (copied) was one of the authors of the SPARC addendum
>> but
>> >> now argues strongly for "full open Access" - i.e. libre-OA, OKD
>> compliant:
>> >>
>> http://www.plosbiology.org/article/info:doi%2F10.1371%2Fjournal.pbio.1001210
>> >> Yet CC-NC is becoming more common, not less, in paid "Open Access". I
>> do not
>> >> know why this is happening but the publishers are using CC-NC even
>> with
>> fees
>> >> of up to 5000 USD per article. The more that this is allowed to
>> happen
>> >> unchallenged, the more we destroy any hope of real Open access, even
>> when
>> >> paid by funders.
>> >>
>> >> P.
>> >> --
>> >> Peter Murray-Rust
>> >> Reader in Molecular Informatics
>> >> Unilever Centre, Dep. Of Chemistry
>> >> University of Cambridge
>> >> CB2 1EW, UK
>> >> +44-1223-763069
>> >>
>> >> _______________________________________________
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>> >> open-science at lists.okfn.org
>> >> http://lists.okfn.org/mailman/listinfo/open-science
>> >>
>>
>
>
>
> --
> Peter Murray-Rust
> Reader in Molecular Informatics
> Unilever Centre, Dep. Of Chemistry
> University of Cambridge
> CB2 1EW, UK
> +44-1223-763069
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