Heather, When you say "CC licenses are a waiver of one's rights under copyright", I think this only refers to the right to reproduce the text, and not to other rights such as the author's moral rights. Of the moral rights, CC licenses stress the attribution of authorship - which partially corresponds to the "paternity" and the "misattribution" rights - but are vague regarding the integrity right. The fact that the US is the intellectual home of CC is no doubt to blame, since although the US finally signed Berne, it never adopted the moral rights component of the Treaty (holding that case law covered these issues adequately). This is an unresolved issue, I believe.
Best, Chris Chris Zielinski ch...@chriszielinski.com Blog: http://ziggytheblue.wordpress.com Research publications: http://www.researchgate.net On 13 April 2015 at 14:00, Heather Morrison <heather.morri...@uottawa.ca> wrote: > Thank you to Graham Triggs for clarifying that his agreement that in the > case of PLOS CC-BY licenses, PLOS is presumably the licensor is a > "personal opinion as a member of the public". > > PLOS authors retain copyright. CC licenses are a waiver of one's rights > under copyright. This suggests that one of the following must be true: > > - PLOS authors, not PLOS, are the licensors of their works as > copyright owners > - PLOS is the licensor, and is legally entitled to do this because > of a separate agreement between PLOS authors and PLOS (e.g. copyright > transfer or author sub-licensing to PLOS) > - PLOS is granting CC licenses where they do not have the required > legal rights > > PLOS has been a vocal advocate of CC-BY, encouraging other publishers to > use this license and decision-makers to require the license through policy, > as well as an advocate of openness in science. I think it is reasonable to > request that a PLOS spokesperson respond to this question on this public > listserv. If someone can forward this question or provide me with the > appropriate contact person at PLOS, that would be most appreciated. > > best, > > -- > 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 > Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/ > heather.morri...@uottawa.ca > > > > _______________________________________________ > GOAL mailing list > GOAL@eprints.org > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal >
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