<div dir="ltr"><br><div class="gmail_extra"><br><div class="gmail_quote">On Sat, Mar 24, 2018 at 7:26 PM, SANFORD G 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:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">So, Danny, let me ask if you are ok with funders requiring authors to publish<br>
under a CC BY license and waive all rights they otherwise would have to have<br>
input into how and where their writings get translated and how and where their<br>
works are republished (e.g., in edited form that distorts the author's meaning<br>
and associates the author with a cause, ideology, etc. that the author finds<br>
abhorrent)?<br>
<br>
Is these rights do not pertain to academic freedom, please explain why.<br>
<br>
The same might be asked of those universities that require immediate OA posting<br>
of dissertations, allowing no time for an author to revise it and find a<br>
publisher for it. Various associations (in history, medieval studies, etc.)<br>
have adopted recommended embargo periods to deal with this problem. You are<br>
saying that those associations are wrong to be concerned about this problem?<br>
That this has nothing to do with academic freedom either?<br>
<br>
Sandy thatcher<br></blockquote><div> <br></div><div>This is the clear distinction between rights under copyright and author's moral rights. Moral rights are not affected by copyright or licences. From <a href="https://en.wikipedia.org/wiki/Moral_rights">https://en.wikipedia.org/wiki/Moral_rights</a> :<br><br>>><p><b>Moral rights</b> are <a href="https://en.wikipedia.org/wiki/Rights" title="Rights">rights</a> of creators of <a href="https://en.wikipedia.org/wiki/Copyright" title="Copyright">copyrighted</a> works generally recognized in <a href="https://en.wikipedia.org/wiki/Civil_law_(legal_system)" title="Civil law (legal system)">civil law</a> jurisdictions and, to a lesser extent, in some <a href="https://en.wikipedia.org/wiki/Common_law" title="Common law">common law</a> jurisdictions. They include the right of <a href="https://en.wikipedia.org/wiki/Attribution_(copyright)" title="Attribution (copyright)">attribution</a>, the right to have a work published <a href="https://en.wikipedia.org/wiki/Anonymity" title="Anonymity">anonymously</a> or <a href="https://en.wikipedia.org/wiki/Pseudonym" title="Pseudonym">pseudonymously</a>, and the right to the integrity of the work.<sup id="gmail-cite_ref-1" class="gmail-reference"><a href="https://en.wikipedia.org/wiki/Moral_rights#cite_note-1">[1]</a></sup>
The preserving of the integrity of the work allows the author to object
to alteration, distortion, or mutilation of the work that is
"prejudicial to the author's honor or reputation".<sup id="gmail-cite_ref-2" class="gmail-reference"><a href="https://en.wikipedia.org/wiki/Moral_rights#cite_note-2">[2]</a></sup>
Anything else that may detract from the artist's relationship with the
work even after it leaves the artist's possession or ownership may bring
these moral rights into play. Moral rights are distinct from any
economic rights tied to copyrights. Even if an artist has assigned his
or her copyright rights to a work to a third party, he or she still
maintains the moral rights to the work.<sup id="gmail-cite_ref-3" class="gmail-reference"><a href="https://en.wikipedia.org/wiki/Moral_rights#cite_note-3">[3]</a></sup></p>PMR> The author can defend their moral rights just as well with CC BY as with "all rights reserved". <br><br></div><div>It is a pity that some parties, including for-profit publishers, argue that CC NC-ND protects the author against misuse of their work. In STEM subjects it often hands a monopoly interest to the *publisher* , not the author. The use of default NC/ND licences by some publishers, also when coupled to lower fees to attract authors to hand over monopoly rights, is seriously regrettable and seriously holds back the re-use of knowledge in STEM subjects.<br><br></div><div>In STEM, if the researcher doesn't accept the CC BY of funders such as Wellcome Trust (who have an excellent resource on CC BY: <a href="https://wellcome.ac.uk/funding/managing-grant/creative-commons-attribution-licence-cc">https://wellcome.ac.uk/funding/managing-grant/creative-commons-attribution-licence-cc</a>) they don't have to take the funding. I assume the same holds in non-STEM subjects. If an academic wishes to write a book without funding, their issue is with their employer.<br><br></div><div><br></div><div>P.<br></div></div><br clear="all"><br>-- <br><div class="gmail_signature"><div dir="ltr"><div>Peter Murray-Rust<br>Reader Emeritus in Molecular Informatics<br>Unilever Centre, Dept. Of Chemistry<br>University of Cambridge<br>CB2 1EW, UK<br>+44-1223-763069</div></div></div>
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