[GOAL] Re: Is the GOAL of open access free re-use for promotional purposes?

[Graham Triggs]

On Friday, 1 May 2015, Heather Morrison <Heather.Morrison at uottawa.ca> wrote:

>  Question: does the GOAL of open access include making works freely
> available for use in promotional material? I argue that this kind of re-use
> is highly problematic from legal and author moral rights perspectives.
>

Please, this is another straw man argument. Consider:

1) if the reuse misinterprets and misuses the research, it is a breach of
CC licencing

2) advertisers are free to cite publications in any case

3) a restricted licence only means that the advertiser pays the publisher a
fee to use the material, the author isn't asked

In relation to this argument, there is no practical benefit to not using
CC-BY.



> As Lessig points out, a noncommercial license would have been a better fit
> and would almost certainly have avoided this situation.
>

That only works so long as the advertiser would have to seek the permission
of the photographer to use the material.

If Flickr's T&Cs give it the right to resell material that the photographer
uploads as CC-BY-NC then the advertiser just pays Flickr without asking the
photographer.

In science, the publisher is assigned those rights by the author. As long
as that happens, you have no effective argument against the use of CC-BY.

Funders and institutions that are requiring or strongly encouraging open
> access might want to consider potential similar scenarios where the
> photographer is a researcher and they publish the photo under a CC-BY
>

Funders wasn't the research to be used, not for there to be barriers
against it.



>
> My argument is that rather than pushing for blanket re-use rights, we
> should have a more nuanced conversation that asks whether there are some
> re-use rights that most would agree to and others, like promotional use,
> that are problematic.
>
>
> There are some sensitive issues that require a different approach, and the
appropriate funders will do so.

Continually holding up straw man arguments about Cc-BY being bad is just
damaging to all forms of open access.

Regards,
G
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.ecs.soton.ac.uk/pipermail/goal/attachments/20150501/761e87a0/attachment.html