[okfn-discuss] Temporary CC license

Andrew Stott andrew.stott at dirdigeng.com
Fri Apr 25 14:53:18 UTC 2014


This is really a question for Creative Commons since CC-BY-NC is not an Open
licence (the non-commercial is the issue).

However the short answer is that section 2(a)(1) of CC-BY-NC 4.0 grants an
irrevocable licence -

"Subject to the terms and conditions of this Public License, the Licensor
hereby grants You a worldwide, royalty-free, non-sublicensable,
non-exclusive, irrevocable license to exercise the Licensed Rights in the
Licensed Material to:
reproduce and Share the Licensed Material, in whole or in part, for
NonCommercial purposes only; and
produce, reproduce, and Share Adapted Material for NonCommercial purposes
only." [1]

Thus as long the work was acquired while it was being offered under the
CC-BY-NC licence the licence cannot be revoked by the licensor.  The short
version also make that clear: "The licensor cannot revoke these freedoms as
long as you follow the license terms."[2]

In addition it appears that *downstream recipients* also automatically get
the rights under CC-BY-NC *even if you distribute it to them after 18 June*
- see 2(a)(5)(A) of the legal code "Downstream recipients. Offer from the
Licensor - Licensed Material. Every recipient of the Licensed Material
automatically receives an offer from the Licensor to exercise the Licensed
Rights under the terms and conditions of this Public License."[1] 

It's entirely open to the copyright holder to stop granting *new* licences
after 18 June, but they cannot unilaterally take away CC licences already
granted to a licensee.



[1] http://creativecommons.org/licenses/by-nc/4.0/legalcode
[2] http://creativecommons.org/licenses/by-nc/4.0/

-----Original Message-----
From: okfn-discuss [mailto:okfn-discuss-bounces at lists.okfn.org] On Behalf Of
John Levin
Sent: 25 April 2014 15:37
To: Open Knowledge Foundation discussion list
Subject: [okfn-discuss] Temporary CC license

Dear list,

I came across a curious academic publishing gambit I'd like to ask the list

In short, two articles in Society and Space Volume 32 Number 2 have been
made open access.

The cc-by-nc button and the text 'Open Access" mark these 2 articles on the
journal issue page:

And the two articles are announced as open access until June 18th

However, the PDFs of the articles have (c) Pion and Licensors at the bottom.

In the comments on the announcement page, I asked what happens after June
18th. The reply was: "I think Pion will simply revert to the previous status
on that date."

Can this be done? Does this revoke previously granted rights? If I
republished the articles on a blog, would I be obliged to take them down on
June 18th?

Or - as I suspect - does a publisher not understand open access and CC

John Levin

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