[Open-access] [open-science] Open Science Anthology published

Mon Jan 27 18:55:36 UTC 2014

hi Mark,

Under automatic copyright a copyright holder has the exclusive right to authorize derivatives. Mike's e-mail to the list falls under copyright, so yes, you could make the argument that I have infringed his rights (both the exclusive right to authorize derivatives and possibly his moral rights). On the other hand, an argument can be made that this use is perfectly legitimate under fair use / fair dealing as quotation for the purpose of criticism.

The situation would be similar with this quotation, a derivative of Bjoern's words copied below:

Brembs, B. on "Mike Taylor words with Heather Morrison's good manners": "This is a perfect example of why we should NOT have CC-BY. It's not working!"

My purpose in creating and sharing this example is scholarly criticism. I understand that my example does not reflect the meaning Brembs intended. However, if people are using CC licenses to grant blanket rights to create derivatives of their works to anyone, anywhere, it is possible that people creating adaptations may think they understand the words of the original author but the original author might not agree with their interpretation. I am using this illustration to explain why not every scholar is keen to grant blanket permission to anyone, anywhere to create derivatives of their work.

When discussing open access policy with respect to derivatives, it may be helpful to realize that "derivative" is not the same as "good, useful derivative". A derivative work can be an improvement, benign, or harmful. Either improvements or harms can be negligible or significant.

If some scholars and publishers wish to experiment with blanket derivatives, that's their right. What I object to is policy requiring everyone to participate in the experiment.

best,

Heather MOrrison

On 2014-01-27, at 12:03 PM, Mark MacGillivray <mark at cottagelabs.com<mailto:mark at cottagelabs.com>>
 wrote:

On 27 Jan 2014 16:58, "Bjoern Brembs" <b.brembs at gmail.com<mailto:b.brembs at gmail.com>> wrote:
>
> On Monday, January 27, 2014, 5:27:45 PM, you wrote:
>
> > Mike Taylor wrote:  "Heather, with all due respect this is complete nonsense".
>
> >
> > The actually respectful derivative:  ""Heather, with all
> > due respect I disagree". (attribution: Mike Taylor, good
> > manners contributed by Heather Morrison).
>
> Perfect! If this is this an example of why we should NOT have CC BY, it's not working.

Indeed. And now I am free to compare the two, and decide if Heather was correct to imply that Mike was disrespectful, or if she misrepresented him.

Although, did Heather just infringe Mikes reserved rights?

Mark

>
> Bjoern
>
>
> --
> Björn Brembs
> ---------------------------------------------
> http://brembs.net<http://brembs.net/>
> Neurogenetics
> Universität Regensburg
> Germany
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-access/attachments/20140127/7cab6c55/attachment-0002.html>