[open-science] [Open-access] CC-BY

[Fabiana Kubke]

anyone has a copy of such a contract they can share?
Cheers
Fabiana


On Thu, Sep 5, 2013 at 5:58 AM, Couture Marc <marc.couture at teluq.ca> wrote:

> Luke Winslow wrote:
>
> >
> > Can you really grant "exclusive license covering all publishing and
> > distribution rights" to a third party on something released under
> creative
> > commons?
> >
>
> Good question. I'd say that this license (between the author and the
> publisher) applies in practice only to the rights the author doesn't grant
> the users according to the CC-license chosen. So, the right to authorize
> commercial uses, if the -NC condition is used, and the right to make
> adaptations (derivative works), is the -ND condition is used.
>
> But I agree that there could be a contradiction here, because the normal
> definition of an exclusive license is that no other license covering the
> same rights can be granted to another party. But I'm not able to go farther
> into the legal intricacies of such a case.
>
> For a CC-BY license, however, all use rights are granted to all. There is
> thus no need for a license between the author and the publisher, as no
> permission need be asked to the right holder (or the licensee) for any use.
> As far as I can tell (I checked just a few) OA journals using CC-BY don't
> use author-publisher licenses.
>
> Marc Couture
>
> _______________________________________________
> open-science mailing list
> open-science at lists.okfn.org
> http://lists.okfn.org/mailman/listinfo/open-science
> Unsubscribe: http://lists.okfn.org/mailman/options/open-science
>



-- 
M Fabiana Kubke

Chair Advisory Panel Creative Commons Aotearoa New
Zealand<http://www.creativecommons.org.nz/>
Department of Anatomy | University of Auckland | New Zealand
(+64) 9 373-7599 Ext 86002 | (+64)9 923 6002 (direct) | Mobile: (+64) 210
437 121

Skype: superfabs | http://twitter.com/Kubke | http://identi.ca/kubke |
http://buildingblogsofscience.wordpress.com |
http://sciblogs.co.nz/building-blogs-of-science |
http://popscinz.wordpress.com | http://talkingteaching.wordpress.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-science/attachments/20130905/3f39e146/attachment-0001.html>