[GOAL] Re: CC-BY journal draft policy: possibly of interest

[Heather Morrison]

I agree with Marc's comments but would add that authors need to know that "use" includes commercial use (this includes for-sale and for-profit re-use), and remix. 

Re-use doesn't mean the kind of re-uses we like, it just means re-use. It might mean a serious scholar re-using part of our work in their own highly prestigious work - or it could mean a for-profit company taking a picture of a research subject and using it in an ad. That's another form of commercial re-use and re-mix.

Working towards understanding what we're actually talking about is a really good direction IMHO.

best,

Heather

> On May 21, 2015, at 1:34 PM, "Couture Marc" <marc.couture at teluq.ca> wrote:
> 
> Hi all,
> 
> Although I don't share Heather's fears as to the dangers of CC BY in scientific publishing, I agree that authors should be able to make an informed choice when they are asked to accept it as a publication condition.
> 
> The verb "share" certainly doesn't convey the full scope of the rights granted users by the CC BY licence. The correct verb would be "use", and it should be stated that it includes, among others, distributing copies, republishing, and adapting (translating, for instance).
> 
> By the way, one may wonder if the authors of this "proposed policy" fully understand the meaning of the CC BY licence. For instance, the second part is completely irrelevant: anyone who obtains a work with a CC BY licence can republish it with no need of a "separate, additional contractual arrangement" with the copyright owner (unless one doesn't want to be bound by the attribution condition).
> 
> Marc Couture
> 
> -----Message d'origine-----
> De : goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] De la part de Heather Morrison
> Envoyé : 21 mai 2015 11:10
> À : Global Open Access List (Successor of AmSci)
> Objet : [GOAL] CC-BY journal draft policy: possibly of interest
> 
> The Journal of Orthopaedic Case Reports has posted a Proposed Creative Commons notice which may be useful for discussion purposes.
> 
> My perspective is that it is helpful to have this explanatory information, good to see clarification of author copyright retention and active encouragement for authors to re-use their own works. However, the explanation of what CC-BY does is not accurate as it fails to explain that the license grants blanket commercial and re-use rights to anyone downstream. How would an author know that they could be opening up their work (or third party work) to the kind of commercial exploitation we saw in the Chang vs. Virgin Mobile case? (http://poeticeconomics.blogspot.ca/2014/02/chang-vs-virgin-mobile.html)
> 
> The journal links to the CC-BY deed, but not to the quick explanation for authors or the legal code. Whether CC-BY is a good idea for open access is a separate question; my argument is that it is not http://poeticeconomics.blogspot.ca/2012/10/critique-of-cc-by-series.html
> 
> 
> Proposed Policy for Journal of Orthopaedic Case Reports
> from:
> http://jocr.co.in/index.php?journal=jocr&page=about&op=submissions#authorGuidelines
> 
> 
> 
> Authors who publish with this journal agree to the following terms:
> 
>    . Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
> 
>    . Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
> 
>    . Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
> 
> I am noting some of the copyright-related issues spotted during the 2015 OA APC data gathering process, including instances of OA APC charging journals with copyright transfer agreements. There are journals with CC-BY licenses requiring full copyright transfer and limiting author rights. Details here: http://poeticeconomics.blogspot.ca/2015/05/open-access-publishing-current-issues.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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