Alicia, 

According to your statement below, with CC-BY the only restriction placed by 
Elsevier is for attribution. However, the Elsevier open access license policy 
clearly states that Elsevier demands an exclusive license to publish with open 
access works (including CC-BY). Can you explain this discrepancy?

Details:

According to the Elsevier open access website, it says:

"Open access license policy..

There are two distinct types of licenses which need to be defined during the 
open access publication process:

        • Author agreement:
In order for us to do our job of publishing and disseminating your research 
article we need publishing rights. For open access articles we use an exclusive 
licensing agreement in which authors retain copyright in their article. (Read 
more).
        • User license:
Users or readers of your article also need to be clear on how they can use the 
article. Our policy for gold open access articles is detailed below."
From: 
http://www.elsevier.com/about/open-access/open-access-policies/oa-license-policy

In the details page, it is stated that "For articles published in either an 
Open Access Journal or via our Open Access Article program, we use an Exclusive 
License Agreement...

Elsevier is granted "An exclusive right to publish and distribute an article".
From: 
http://www.elsevier.com/about/open-access/open-access-policies/author-agreement

Comment: Based on this wording it is clear that Elsevier is requiring an 
exclusive publishing license. This is not compatible with your explanation 
below that nothing is required beyond attribution as required by the CC-BY 
license.

GOAL readers please note that traditional publishers have tended to replace the 
traditional copyright transfer agreement with a "license to publish" with 
subscription journals. The terms of a license to publish can be every bit as 
restrictive as full copyright transfer. 

best,

Heather Morrison


On 2013-12-08, at 10:52 AM, Wise, Alicia (ELS-OXF) wrote:

> Hi Jeroen,
>  
> These articles can of course be used without any restriction other than the 
> attribution required by the CC-BY license.  With kind wishes,
>  
> Alicia
>  
>  
> Dr Alicia Wise
> Director of Access and Policy
> Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB
> M: +44 (0) 7823 536 826 I E: a.w...@elsevier.com
> Twitter: @wisealic
>  
>  
>  
> From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
> Bosman, J.M.
> Sent: Sunday, December 08, 2013 9:56 AM
> To: Global Open Access List (Successor of AmSci)
> Subject: [GOAL] Re: Elsevier is taking down papers from Academia.edu
>  
> Heather,
>  
> That would be new for me. Do you mean to say that Gold OA articles from 
> Elsevier with a CC-BY license can not be shared without restriction? The 
> exclusive license you mention is not in the fine print 
> here:http://www.elsevier.com/journal-authors/open-access/open-access-policies/oa-license-policy/user-licenses
>  
> Jeroen Bosman
> 
> 
> 
> Op 7 dec. 2013 om 22:58 heeft "Heather Morrison" 
> <heather.morri...@uottawa.ca> het volgende geschreven:
> 
> I argue that the problem here is not green open access. It's Elsevier. Even 
> their version of CC-BY (with exclusive license to publish) does not resolve 
> this problem. This is one of the reasons I am participating in the Elsevier 
> boycott and encourage all scholars to join me (google The Cost of Knowledge).
>  
> My two bits,
>  
> Heather Morrison
> 
> On Dec 7, 2013, at 8:07 AM, "Bosman, J.M." <j.bos...@uu.nl> wrote:
> 
> Peter,
>  
> This is not about where authors may self archive their papers, but about the 
> version they archive. Academia (and Researchgate, and personal sites) have 
> thousands of published versions archived by the authors. That is against most 
> publishers' policies. Cambridge University Press is a good exception allowing 
> archiving of the publishers' version after an embargo period..
>  
> Elsevier has always been issuing takedown notices, but not at this scale and 
> mostly not against their own authors. In that sense this is new and a sign 
> that Elsevier wants to fight the very idea that outcomes of science should 
> circulate freely. 
>  
> Strictly juridically speaking Elsevier is just asserting copyright of course. 
> But I hope it will be another wake up call for authors with the effect that 
> they start to massively share their last author versions through their 
> institutional repositories and other routes. And of course they can publish 
> in reasonably priced full OA  journals.
>  
> Jeroen Bosman
> Utrecht University Library
> 
> 
> 
> Op 7 dec. 2013 om 08:20 heeft "Richard Poynder" <ri...@richardpoynder.co.uk> 
> het volgende geschreven:
> 
> List members can also refer to the following article in The Chronicle of 
> Higher Education, which includes comments from the founder and CEO of 
> Academia.edu Richard Price, and from Elsevier:
>  
> http://chronicle.com/blogs/wiredcampus/posting-your-latest-article-you-might-have-to-take-it-down/48865
>  
> Elsevier has also posted a statement on the matter here:
>  
> http://www.elsevier.com/connect/a-comment-on-takedown-notices
>  
>  
>  
> From: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] On Behalf Of 
> Peter Murray-Rust
> Sent: 07 December 2013 05:04
> To: Global Open Access List (Successor of AmSci)
> Cc: jisc-repositories; ASIS&T Special Interest Group on Metrics
> Subject: [GOAL] Re: Elsevier Study Commissioned by UK BIS
>  
> List members may be aware that Elsevier sent out thousands of take-down 
> notices for Green OA yesterday. 
> Seehttp://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-academia-edu/
>  and much twitter discussion.
> 
> These manuscripts are Green. They are self archived by authors after 
> publication.
> 
> But this is forbidden by Elsevier - the manuscripts can only be posted in an 
> Institutional Repository (and then, I assume, only if there is no mandate 
> requiring deposition).
> 
> This is lunacy and it's to the discredit of the academics that they play this 
> convoluted and sterile game created by the publishers. Publishers' reason for 
> insisting on IRs over Academia.edu is that readers actually use Academia.
> 
> The purpose of the BOAI declaration was to make scholarship available to 
> everyone. This farce makes scholarship available to almost no-one.
> 
>  
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> Elsevier Limited. Registered Office: The Boulevard, Langford Lane, 
> Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084, 
> Registered in England and Wales. 
> 
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-- 
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
heather.morri...@uottawa.ca



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