<div dir="ltr">I believe moral rights (attribution and integrity) are upheld in UK law (<a 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>)<div><br></div><div>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).</div><div><br></div><div>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. </div></div><div class="gmail_extra"><br clear="all"><div><div class="gmail_signature">Pippa<br><br>*****<br>Pippa Smart<br>Research Communication and Publishing Consultant<br>PSP Consulting<br>Oxford, UK<br>Tel: +44 1865 864255 or +44 7775 627688<br>email: <a href="mailto:pippa.smart@gmail.com" target="_blank">pippa.smart@gmail.com</a><br>Web: <a href="http://www.pspconsulting.org" target="_blank">www.pspconsulting.org</a><br>@LearnedPublish<br>****<br>Editor-in-Chief of Learned Publishing: <a href="http://www.alpsp.org/Learned-Publishing" target="_blank">http://www.alpsp.org/Learned-Publishing</a><br>Editor of the ALPSP Alert: <a href="http://www.alpsp.org/ALPSP-Alert" target="_blank">http://www.alpsp.org/ALPSP-Alert</a><br>****</div></div>
<br><div class="gmail_quote">On 3 March 2016 at 13:46, Sandy Thatcher <span dir="ltr"><<a href="mailto:sgt3@psu.edu" target="_blank">sgt3@psu.edu</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><u></u>
<div>
<div>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 href="https://www.researchgate.net/publication/254667054_Point_Counterpoint" target="_blank">https://www.researchgate.net/publication/254667054_Point_Counterpoint</a><span></span>_Is_CC_BY_the_Best_Open_Access_License</div>
<div><br></div>
<div>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.</div>
<div><a href="https://creativecommons.org/licenses/by/4.0/legalcode" target="_blank">https://creativecommons.org/licenses/by/4.0/legalcode</a></div>
<div><br></div>
<div>I am glad to see that the Cambridge discussion continues to
recognize that translations may be a problem for HSS authors.</div>
<div><br></div>
<div>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.</div>
<div><br></div>
<div>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.</div>
<div><br></div>
<div>Sandy Thatcher</div>
<div><br></div>
<div><br></div>
<div><br></div>
<div><br></div>
<div>At 12:11 PM +0000 3/3/16, Danny Kingsley wrote:</div>
<blockquote type="cite"><Apologies for cross posting><br>
<br>
Dear all,<br>
<br>
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.<br>
</blockquote>
<blockquote type="cite">Is CC-BY really a problem or are we
boxing shadows? <a href="https://unlockingresearch.blog.lib.cam.ac.uk/?p=555" target="_blank">https://unlockingresearch.blog.lib.cam.ac.uk/?p=555</a><br>
<br>
A taster:<br>
***********************************<br>
</blockquote>
<blockquote type="cite">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.<br>
</blockquote>
<blockquote type="cite">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.<br>
</blockquote>
<blockquote type="cite">In summary, the discussion indicated that
CC-BY licences <b>do not</b> encourage plagiarism, or issues
with commercialism within academia (although there is a broader
ethical issue). However in some cases CC-BY
licences <b>could</b> pose problems for the moral integrity
of the work and cause issues with translations. CC-BY
licenses <b>do create challenges</b> for works containing
sensitive information and for works containing third party
copyright.</blockquote>
<blockquote type="cite"><br>
**************************************<br>
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).<br>
<br>
Thanks<br>
<br>
Danny</blockquote><span class="HOEnZb"><font color="#888888">
<blockquote type="cite"><tt>--<br>
Dr Danny Kingsley<br>
Head of Scholarly Communications<br>
Cambridge University Library<br>
West Road, Cambridge CB39DR<br>
P: <a href="tel:%2B44%20%280%29%201223%20747%20437" value="+441223747437" target="_blank">+44 (0) 1223 747 437</a><br>
M: <a href="tel:%2B44%20%280%29%207711%20500%20564" value="+447711500564" target="_blank">+44 (0) 7711 500 564</a><br>
E:</tt> <a href="mailto:dak45@cam.ac.uk" target="_blank"><tt>dak45@cam.ac.uk</tt></a><tt><br>
T: @dannykay68<br>
ORCID iD: 0000-0002-3636-5939</tt></blockquote>
<div><br></div>
<div><br></div>
<u></u><pre>--
</pre><u></u>
<div>Sanford G. Thatcher<br>
Frisco, TX 75034-5514<br>
<a href="https://scholarsphere.psu.edu" target="_blank">https://scholarsphere.psu.edu</a><br>
<br>
<br>
"If a book is worth reading, it is worth buying."-John
Ruskin (1865)<br>
<br>
"The reason why so few good books are written is that so few
people who can write know anything."-Walter Bagehot (1853)<br>
<br>
"Logic, n. The art of thinking and reasoning in strict accordance
with the limitations and incapacities of the human
misunderstanding."-Ambrose Bierce (1906)<br>
</div>
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