[GOAL] Re: A case for strong fair use / fair dealing with restrictive licenses

[didier.pelaprat at inserm.fr]

Dear Heather,

Once more so clear, illustrated and straightforward.

Many thanks for that.

One size fits rarely all... in every aspects of life. It sure makes life 
more complicated than death, but...

One remark: the large-mind and generous advocacy for CC-BY licenses by 
publishers is accompanied, in some cases, by an extra-fee if the authors 
want another license.

I figure out that this is what we could call a fair-use of advocacy?

Didier


Le 25-04-2015 20:01, Heather Morrison a écrit :
> The types of works that many students and faculty would like to be
> able to include in scholarly works are not necessarily from other
> scholarly works. For example, scholars in my doctoral discipline of
> communication study a wide range of types of works including
> newspapers, television, films, cartoons, advertising, blogs and social
> media, and public relations materials. It is very useful for scholars
> to be able to include images and text from the primary source
> materials, either as illustration or for purposes of critique.
> Obtaining permission to use even small excerpts of such works is
> time-consuming at best. I argue that it would be in the best interests
> of scholarship to advocate for strong fair use / fair dealing
> exceptions for research and academic critique globally and accept that
> more restrictive licenses may be necessary to avoid the potential for
> re-use errors that could easily occur with blanket licenses allowing
> broad re-use. For example, while it makes sense to allow scholars to
> include small movie stills in an academic piece, it could be quite
> problematic for scholars to include such items in works that grant
> blanket commercial and re-use rights downstream.
> 
> This illustrates what I see as one of the problems with the one size
> fits all CC-BY license preferred by some open access advocates (which
> I consider to be a serious error): what I interpret as an implicit
> assumption that all of the works scholars are likely to want to re-use
> are other scholarly works. Rather than making assumptions, let's do
> some research to find out what scholars and students would like to be
> able to re-use. Anecdotally, in my experience the most popular items
> for re-use are images from popular culture (especially characters from
> the Simpsons TV series), not scholarly works. Scholarly journals like
> to use photos to add interest and aesthetic value. If it is the case
> that the greatest interest in re-use for scholars involves works from
> popular culture / outside the academy, then ubiquitous CC-BY licenses
> for absolutely every scholarly article, book, and dataset in the whole
> world would not solve the primary re-use question for a majority of
> scholars.
> 
> This is not meant to suggest that advocacy for global fair use / fair
> dealing rights for academic research and critique is an easy task,
> rather to raise the question of whether this is an appropriate and
> useful goal for scholarly works.
> 
> This post is part of the Creative Commons and Open Access Critique
> series on my scholarly blog, The Imaginary Journal of Poetic
> Economics. To comment on the blogpost:
> http://poeticeconomics.blogspot.ca/2015/04/a-case-for-strong-fair-use-fair-dealing.html
> 
> Creative Commons and Open Access Critique series:
> http://poeticeconomics.blogspot.ca/2012/10/critique-of-cc-by-series.html
> 
> best,
> 
> --
> Dr. Heather Morrison
> Assistant Professor
> École des sciences de l'information / School of Information Studies
> University of Ottawa
> http://www.sis.uottawa.ca/faculty/hmorrison.html
> Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
> Heather.Morrison at uottawa.ca
> 
> 
> 
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