On 2013-12-18, at 3:42 AM, Graham Triggs 
<grahamtri...@gmail.com<mailto:grahamtri...@gmail.com>> wrote:


To re-iterate a previous discussion, an exclusive publishing license exists 
between the author and the publisher, and can not limit anyone downstream with 
what they can do according to the terms of the licence they have been granted. 
So anything that is CC-BY would allow full derivative and commercial use 
providing there is appropriate attribution. It's impossible for the exclusive 
license to limit that.

Comment

An exclusive publishing licensing between an author and a publisher could, 
depending on the terms, allow the publisher to decide to set and/or change the 
license terms. For example, if such a license were to say that the publisher 
would undertake to publish an article as CC-BY but says nothing about 
continuing to make the article available as CC-BY on an ongoing basis, then the 
publisher could meet the conditions by publishing the article as CC-BY, then 
removing the CC-BY version and replacing it with an article with a different 
license, even All Rights Reserved.

To understand what rights Elsevier is requesting from authors, it is necessary 
to view the Elsevier license. Earlier on this list I requested a copy of 
Elsevier's exclusive publishing license used when publishing article CC-BY. I 
am still waiting to see a copy of the license. If anyone has a sample, please 
share it on the list, or send to me privately. It would be most helpful if 
Elsevier would post the license on their website.

best,

--
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa
613-562-5800 ext. 7634
http://www.sis.uottawa.ca/faculty/hmorrison.html
heather.morri...@uottawa.ca<mailto:heather.morri...@uottawa.ca>
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