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

[Jan Velterop]

On 28 Jan 2014, at 17:08, Heather Morrison <Heather.Morrison at uottawa.ca> wrote:

> On 2014-01-28, at 11:49 AM, Jan Velterop <velterop at gmail.com>
>  wrote:
>> 
>> This is a very peculiar argument. The CC-BY licence exists to cover an open access, freely available work. It simply makes no sense to attach a CC-BY licence to a work you want to charge for. 
>> 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; and
>> produce, reproduce, and Share Adapted Material.
> Comment: there is nothing in this statement that obligates the licensee to "produce, reproduce or share" the work or adapted material free of charge.
> 
> Questions for you:
> 
> 1. Are you arguing that downstream use that is not free of charge is prohibited by the CC-BY license?

What I am, and others are, arguing is that even if a work covered by CC-BY is not made available for free initially, it will be completely free for further distribution subsequently. Thus rather defeating the object of charging the first time around. In a way, you could regard the APC as a charge for that first time around.

> 
> 2. Assuming your answer to 1. is yes, then would you agree that if someone takes CC-BY licensed works and creates a work that they intend to sell (e.g. a print or e-book based on scholarly articles or a commercial next-generation search service), then that is prohibited by a CC-BY license?

No, downstream selling is fine. Anyone can try to sell it. And in some cases that might be beneficial, for instance a local entrepreneur in an emerging economy selling a print version to people without bandwidth or even an internet connection of works that are only electronically available, thus reaching an audience that would not otherwise be reached. An anthology of CC-BY articles brought together in a textbook for use in classrooms in Mongolia, say. Perfectly allowed. What is not allowed is to remove the free availability of the original, CC-BY-covered work, by any legal or technical means.

Best,

Jan

> 
> best,
> 
> Heather Morrison

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