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It's important to note that, at least in the US, facts, data and
ideas are not copyrightable.<br>
<blockquote type="cite"><a class="moz-txt-link-freetext" href="http://www.lib.umich.edu/copyright/facts-and-data">http://www.lib.umich.edu/copyright/facts-and-data</a></blockquote>
Lee<br>
<div class="moz-cite-prefix">On 3/3/16 10:40 AM, Pippa Smart wrote:<br>
</div>
<blockquote
cite="mid:CAMwbajMTs+j+21ffnxKSQwhM4NdCN9iarydJBjibLtsn1wL0Ng@mail.gmail.com"
type="cite">
<pre wrap="">I believe moral rights (attribution and integrity) are upheld in UK law (
<a class="moz-txt-link-freetext" href="http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/IV">http://www.legislation.gov.uk/ukpga/1988/48/part/I/chapter/IV</a>)
My own issue with CC BY is that its simplicity results in a clumsy catchall
- for example, few authors would object to figures from their work being
used in another work (=derivative work), but might be unhappy about a
translation being produced without their knowledge (=derivative work).
Your point about commercial use is well made since this is the area where I
hear most complaints from authors - the fact that their publisher can make
money is accepted in many cases, but the idea that a third party can
"freeload" and make money out of their work is often considered
unacceptable.
Pippa
*****
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Research Communication and Publishing Consultant
PSP Consulting
Oxford, UK
Tel: +44 1865 864255 or +44 7775 627688
email: <a class="moz-txt-link-abbreviated" href="mailto:pippa.smart@gmail.com">pippa.smart@gmail.com</a>
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****
On 3 March 2016 at 13:46, Sandy Thatcher <a class="moz-txt-link-rfc2396E" href="mailto:sgt3@psu.edu"><sgt3@psu.edu></a> wrote:
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<pre wrap="">Klaus Graf and I debated this question in an article in the first issue of
the Journal of Librarianship and Scholarly Communication back in 2012:
<a class="moz-txt-link-freetext" href="https://www.researchgate.net/publication/254667054_Point_Counterpoint">https://www.researchgate.net/publication/254667054_Point_Counterpoint</a>
_Is_CC_BY_the_Best_Open_Access_License
I was particularly concerned about translations. It should be noted, by
the way, that the CC BY license in existence at the time we wrote this
article contained a reference to distortion, mutilation, etc., as part of
the license terms. That part was dropped in later iterations, and the only
reference now is this: "Moral rights, such as the right of integrity, are
not licensed under this Public License, nor are publicity, privacy, and/or
other similar personality rights; however, to the extent possible, the
Licensor waives and/or agrees not to assert any such rights held by the
Licensor to the limited extent necessary to allow You to exercise the
Licensed Rights, but not otherwise." In other words, licensors do not give
up their moral rights by offering this license to users, but since moral
rights are not recognized under British or US law (with a very limited
exception under US law to works of fine art), that clause is of little
comfort or utility for Anglo-American authors.
<a class="moz-txt-link-freetext" href="https://creativecommons.org/licenses/by/4.0/legalcode">https://creativecommons.org/licenses/by/4.0/legalcode</a>
I am glad to see that the Cambridge discussion continues to recognize that
translations may be a problem for HSS authors.
There is one non sequitur in the Cambridge summary that needs to be
addressed: "Academics do not publish in journals for money, so the
originator of a work that is subsequently sold on is not personally losing
a revenue stream." Just because an academic author may not be motivated by
personal monetary gain does not mean that a personal revenue stream is not,
in fact, lost in some circumstances. As former director of Penn State
University Press, I can cite examples of authors who benefited to the tune
of thousands of dollars from the reprinting of their articles from some of
the journals we published.
There is a general problem also with the definition of what is
"commercial." When Creative Commons itself conducted a survey several years
ago as to what people understand to be the meaning of this word in the
context of publishing, there was little consensus beyond a very small core
of shared understanding of what the term means.
Sandy Thatcher
At 12:11 PM +0000 3/3/16, Danny Kingsley wrote:
<Apologies for cross posting>
Dear all,
You might be interested in the outcomes of a roundtable discussion held at
Cambridge University earlier this week on the topic of Creative Commons
Attribution licences.
Is CC-BY really a problem or are we boxing shadows?
<a class="moz-txt-link-freetext" href="https://unlockingresearch.blog.lib.cam.ac.uk/?p=555">https://unlockingresearch.blog.lib.cam.ac.uk/?p=555</a>
A taster:
***********************************
Comments from researchers and colleagues have indicated some disquiet
about the Creative Commons (CC-BY) licence in some areas of the academic
community. However, in conversation with some legal people and
contemporaries at other institutions one of the observations was that
generally academics are not necessarily cognizant with what the licences
offer and indeed what protections are available under regular copyright.
To try and determine whether this was an education and advocacy problem or
if there are real issues we had a roundtable discussion on 29 February at
Cambridge University attended by about 35 people who were a mixture of
academics, administrators, publishers and legal practitioners.
In summary, the discussion indicated that CC-BY licences *do not* encourage
plagiarism, or issues with commercialism within academia (although there is
a broader ethical issue). However in some cases CC-BY licences *could* pose
problems for the moral integrity of the work and cause issues with
translations. CC-BY licenses *do create challenges* for works containing
sensitive information and for works containing third party copyright.
**************************************
Please feel free to comment on the list. Due to a serious spam problem
with the blog, comments sent to the blog are being buried (we are working
on this).
Thanks
Danny
--
Dr Danny Kingsley
Head of Scholarly Communications
Cambridge University Library
West Road, Cambridge CB39DR
P: +44 (0) 1223 747 437
M: +44 (0) 7711 500 564
E: <a class="moz-txt-link-abbreviated" href="mailto:dak45@cam.ac.uk">dak45@cam.ac.uk</a>
T: @dannykay68
ORCID iD: 0000-0002-3636-5939
--
Sanford G. Thatcher
Frisco, TX 75034-5514
<a class="moz-txt-link-freetext" href="https://scholarsphere.psu.edu">https://scholarsphere.psu.edu</a>
"If a book is worth reading, it is worth buying."-John Ruskin (1865)
"The reason why so few good books are written is that so few people who
can write know anything."-Walter Bagehot (1853)
"Logic, n. The art of thinking and reasoning in strict accordance with the
limitations and incapacities of the human misunderstanding."-Ambrose Bierce
(1906)
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