[GOAL] Re: Elsevier is taking down papers from Academia.edu

[Wise, Alicia (ELS-OXF)]

Thank you, Graham - all correct, and more clear and concise than I would have been!

With kind wishes,
Alicia

Dr Alicia Wise
Director of Access and Policy
Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB
M: +44 (0) 7823 536 826 I E: a.wise at elsevier.com<mailto:a.wise at elsevier.com>
Twitter: @wisealic

From: goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] On Behalf Of Graham Triggs
Sent: Tuesday, December 10, 2013 1:31 AM
To: Global Open Access List (Successor of AmSci)
Subject: [GOAL] Re: Elsevier is taking down papers from Academia.edu

On 9 December 2013 00:20, Heather Morrison <Heather.Morrison at uottawa.ca<mailto:Heather.Morrison at uottawa.ca>> wrote:
Alicia,

According to your statement below, with CC-BY the only restriction placed by Elsevier is for attribution. However, the Elsevier open access license policy clearly states that Elsevier demands an exclusive license to publish with open access works (including CC-BY). Can you explain this discrepancy?

I don't believe this is a discrepancy. What it is saying that the definitive record is published by Elsevier, and the author provides an exclusive licence in order to do so.

Re-publishing, or re-distributing via any other venue constitutes a derivative work, which is permissible and does not conflict with the exclusive licence (which is only on the definitive record, not the derivative) - providing the proper attribution is in place.

Without the exclusive licence to the definitive record, then as the author retains copyright, then in theory the author could authorize publishing of a version of the definitive record without attribution to the Elsevier version.

It's a question of preserving the version of record. The difference between the author providing a licence to Elsevier to distribute an article under CC-BY, and the author providing a CC-BY licence to Elsevier.

Comment: Based on this wording it is clear that Elsevier is requiring an exclusive publishing license. This is not compatible with your explanation below that nothing is required beyond attribution as required by the CC-BY license.

It is consistent - the article can be re-published elsewhere, providing it is accordance with the CC-BY licence, including attribution to the definitive record as published by Elsevier.

G

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