[GOAL] Elsevier's interpretation of CC BY-NC-ND

[Couture Marc]

Hi all,

Just to make myself clear: I also think we can safely reuse ideas found in a text, irrespective of permissions granted, and that means reproducing expressions and significant excerpts when needed. This falls under fair use / fair dealing or similar exceptions. I also think also that scholars/scientists don't - and shouldn't - care too much about these subtleties when they write.

The main problem I can foresee is when they publish in commercial venues (which is the case for almost all book chapters and monographs, and now for the majority of articles).

(1) In some jurisdictions (UK, US) the commercial nature of the use goes, or tend to go against these exceptions.

(2) Publishers may be overly cautious as to potential infringements. I remember colleagues explaining me that the publisher (of a book) required that authors obtain written permissions from copyright owners for any excerpt reproduced, although this falls clearly under the (Canadian) fair dealing exception.

I certainly agree with Heather that we need broad exceptions to copyright and user rights, but it's a long term objective, and I don't see nowadays much movement in that direction (but I would be happy to be pointed to any and, well, participate in it if feasible).

Marc Couture

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