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

Wed Sep 4 23:00:11 UTC 2013

That is what is sounds to me, Luke - For example Nature Publishing Group
when you publish with them, authors retain the copyright but provide NPG
with exclusive rights through a publish to licence agreement (in lieu of
copyright transfer). To my unlawyered eyes what Elsevier are doing is not
too different.
Cheers
Fabiana

On Thu, Sep 5, 2013 at 10:04 AM, Luke Winslow <lawinslow at wisc.edu> wrote:

>  Wow, that is interesting. I am curious how I, as the author holding
> copyright over my article, could be bound by an outside agreement. I guess
> it might be like a non-disclosure agreement. I could write something down,
> which I reasonably hold copyright on and still be bound by a separate
> agreement stating I *can't* do certain things with my writing. Right? Am I
> interpreting this situation correctly?
>
> Clearly, the choice of open access license is extremely important. Knowing
> what I know now, I would be extremely inclined to never use anything other
> than CC-BY.
>
> -Luke
>
>
> On 2013-09-04 4:25 PM, Fabiana Kubke wrote:
>
> Sent querie to a couple of copyright lawyers - Will respond when I get
> their answers back. But yes, I think that in the end once one signs that
> exclusive licence to Elsevier (something authors can do since they own the
> copyright) then that is it. It is also  odd in the reuse table
> <http://www.elsevier.com/about/publishing-guidelines/policies/open-access-policies/oa-license-policy>that
> only one of those "no" has an asterisk saying "excpet for the author"
> which implies authors have none of the other rights that have a green tick
> (despite being the owners of the copyright). So seems that restrictions
> that are designed for third parties apply to authors - which to me sounds
> like pure nonsense.
>
>
> Cheers
> Fabiana
>
>
> On Thu, Sep 5, 2013 at 6:24 AM, Couture Marc <marc.couture at teluq.ca>wrote:
>
>> In my answer to Luke Winslow (see complet post below), I wrote:
>>
>> >
>> > 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
>> >
>>
>> I checked the terms of Elsevier exclusive license, and it seems there is
>> in fact no such contradiction, because Elsevier is first granted all the
>> rights (by way of the exclusive license with the author), and then is the
>> one who applies the CC license (letting the author decide which version).
>>
>> Normally, it's the copyright owner who applies a CC license to a work,
>> but a licensee having been granted all the rights is the one who is
>> intitled to do it (and the author has lost any control in this regard).
>>
>> This again illustrates that copyright ownership may mean next to nothing
>> when a publisher asks for an exclusive license, instead of copyright
>> transfer.
>>
>> Marc Couture
>>
>> -----Message d'origine-----
>> De : open-science-bounces at lists.okfn.org [mailto:
>> open-science-bounces at lists.okfn.org] De la part de Couture Marc
>> Envoyé : 4 septembre 2013 13:59
>> À : open-science at lists.okfn.org
>> Objet : Re: [open-science] [Open-access] CC-BY
>>
>> 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
>>
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>
>
>
> --
> 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
>
>
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> University of Wisconsin - Madison
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-- 
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
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