Thanks for sharing your well - thought position, Heather. My background is science, where the arguments for CC-BY are clear (legal uncertainty inhibits reuse), but I don't profess to know the dynamics of communication studies. In your example of a film still, why would it be ok to use in the first paper, but not downstream? Is the argument that TV & film producers will seek to prevent even scholarly use of their works if authors retain copyright vs. publishers? On Apr 25, 2015 3:11 PM, "Heather Morrison" <heather.morri...@uottawa.ca> wrote:
> The types of works that many students and faculty would like to be able to > include in scholarly works are not necessarily from other scholarly works. > For example, scholars in my doctoral discipline of communication study a > wide range of types of works including newspapers, television, films, > cartoons, advertising, blogs and social media, and public relations > materials. It is very useful for scholars to be able to include images and > text from the primary source materials, either as illustration or for > purposes of critique. Obtaining permission to use even small excerpts of > such works is time-consuming at best. I argue that it would be in the best > interests of scholarship to advocate for strong fair use / fair dealing > exceptions for research and academic critique globally and accept that more > restrictive licenses may be necessary to avoid the potential for re-use > errors that could easily occur with blanket licenses allowing broad re-use. > For example, while it makes sense to allow scholars to include small movie > stills in an academic piece, it could be quite problematic for scholars to > include such items in works that grant blanket commercial and re-use rights > downstream. > > This illustrates what I see as one of the problems with the one size fits > all CC-BY license preferred by some open access advocates (which I consider > to be a serious error): what I interpret as an implicit assumption that all > of the works scholars are likely to want to re-use are other scholarly > works. Rather than making assumptions, let's do some research to find out > what scholars and students would like to be able to re-use. Anecdotally, in > my experience the most popular items for re-use are images from popular > culture (especially characters from the Simpsons TV series), not scholarly > works. Scholarly journals like to use photos to add interest and aesthetic > value. If it is the case that the greatest interest in re-use for scholars > involves works from popular culture / outside the academy, then ubiquitous > CC-BY licenses for absolutely every scholarly article, book, and dataset in > the whole world would not solve the primary re-use question for a majority > of scholars. > > This is not meant to suggest that advocacy for global fair use / fair > dealing rights for academic research and critique is an easy task, rather > to raise the question of whether this is an appropriate and useful goal for > scholarly works. > > This post is part of the Creative Commons and Open Access Critique series > on my scholarly blog, The Imaginary Journal of Poetic Economics. To comment > on the blogpost: > http://poeticeconomics.blogspot.ca/2015/04/a-case-for-strong-fair-use-fair-dealing.html > > Creative Commons and Open Access Critique series: > http://poeticeconomics.blogspot.ca/2012/10/critique-of-cc-by-series.html > > 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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