Hi all,

I would very much welcome a concrete example (or two..) of the scenario 
described below where a work has been taken and distorted to the extent an 
author would actually wish to have their name removed as an originator of the 
work. It is a scenario often used by people concerned about the Non Derivative 
aspect of Creative Commons licenses. It is my understanding that Creative 
Commons themselves have not had any examples of this type provided to them in 
discussions about the ND aspect of their license. In the UK we are similarly 
asking for examples and have not managed to unearth any to date. It would help 
hugely before we make national decisions on policies whether concerns being 
raised are actual problems or not.

On the thesis issue, this is indeed something I am actively managing working 
through a new policy at my institution and I am working from the premise that 
we must give our students the best possible opportunity to succeed. That means 
different things for different disciplines and it is important to ensure that 
we do not throw the baby out with the bathwater in both directions. It is not 
helpful to have a moratorium of 10 years on all theses to ensure the small 
percentage who require an embargo of a period of time to secure publication are 
protected. Equally we do not want to put those students at risk by insisting on 
blanket immediate OA. It requires nuance.

But I would like to point out that in the consultations I have now had working 
with two institutions, I know of several cases where theses have been published 
as books under another person's name. These were all theses that were 
'protected' by All Rights Reserved. They were not born digital theses, they had 
had to be requested and then digitised and a single copy sent to a 
person/library. In at least one case where a thesis was heavily plagiarised and 
submitted as someone else's thesis the work was never digitised. It is still 
unclear how it happened. 

So we do, to a large degree actually rely on 'scholarly culture', not copyright 
law to protect us. Lizzie Gadd explains it much better than I do 
https://scholarlykitchen.sspnet.org/2017/10/31/guest-post-academics-copyright-ownership-ignorant-confused-misled/
 

This is again, however detracting from the point I was trying to make. We have 
bigger fish to fry. There will be no 'academic' - free or not - if we are not 
vigilant in our current political climate. 

Danny

Dr Danny Kingsley
Deputy Director - Scholarly Communication & Research Services
Cambridge University Library
e: da...@cam.ac.uk
p: 01223 747 437
m: 07711 500 564
On 24/03/2018, 19:27, "SANFORD G THATCHER" <s...@psu.edu> wrote:

    So, Danny, let me ask if you are ok with funders requiring authors to 
publish
    under a CC BY license and waive all rights they otherwise would have to have
    input into how and where their writings get translated and how and where 
their
    works are republished (e.g., in edited form that distorts the author's 
meaning
    and associates the author with a cause, ideology, etc. that the author finds
    abhorrent)?
    
    Is these rights do not pertain to academic freedom, please explain why.
    
    The same might be asked of those universities that require immediate OA 
posting
    of dissertations, allowing no time for an author to revise it and find a
    publisher for it. Various associations (in history, medieval studies, etc.)
    have adopted recommended embargo periods to deal with this problem. You are
    saying that those associations are wrong to be concerned about this problem?
    That this has nothing to do with academic freedom either?
    
    Sandy thatcher
    
    
    
    On Sat, Mar 24, 2018 04:07 AM Danny Kingsley <da...@cam.ac.uk> wrote:
    >
    >Hi all,
    >
    >Can we have a quick chat about Academic Freedom? I am frankly fed up with 
this
    being trotted out in multiple discussions in relation to open access. It is
    akin to the PhD student who recently tearfully told me that the University’s
    requirement for her to provide a digital version of her thesis in addition 
to
    the hardbound one was a ‘breach of her human rights’. I feel the academic
    freedom argument is moving into similar levels of hysteria.
    >I wrote a blog recently that addresses this issue: Scare campaigns, we have
    seen a few<https://unlockingresearch-blog.lib.cam.ac.uk/?p?05>
    https://unlockingresearch-blog.lib.cam.ac.uk/?p?05 (relevant bits below)
    >Usually I hear ‘Academic Freedom’ thrown in in relation to being able to
    choose where to publish. On the SCHOLCOMM and GOAL lists in the discussion
    about Willinsky’s copyright proposal, academic freedom has been thrown into
    the mix again. Given, there is potentially some validity in the statement 
that:
    “Policies that impact academics that are not developed and supported by
    academics are not consistent with academic freedom.” But copyright ownership
    (other than the moral right to be identified as an author of a work), and 
the
    place of publication are NOT enshrined in academic freedom.
    >
    >Academic Freedom is not being threatened by copyright licensing 
requirements.
    This is a stupid side issue. We are fiddling while Rome burns. The real 
threat
    to academic freedom is the systematic undermining of expertise and 
academia. As
    the UK justice secretary recently said - “People in this country have had
    enough of experts”
    https://www.ft.com/content/3be49734-29cb-11e6-83e4-abc22d5d108c Let’s not
    even begin to talk about what is happening in the land of stripes and stars.
    >
    >Let’s keep focus on the issues that matter.
    >
    >Danny
    >
    >*****************************************
    >The new scare – threats to ‘Academic Freedom’
    >
    >The term ‘Academic Freedom’ comes up a fair bit in discussions about open
    access. In his tweet sent during  the Researcher to Reader conference*, one 
of
    my Advisory Board colleagues Rick Anderson tweeted this
    comment<https://twitter.com/Looptopper/status/968463945190313984>:
    >
    >“Most startling thing said to me in conversation at the #R2RConf:
    >“I wonder how much longer academic freedom will be tolerated in IHEs.”
    (Specific context: authors being allowed to choose where they publish.)
    >
    >In this blog I’d like to pick up on the ‘Academic Freedom’ part of the
    comment (which is not Rick’s, he was quoting).
    >
    >Academic Freedom, according to a summary in the Times Higher
    
Education<https://www.insidehighered.com/views/2010/12/21/defining-academic-freedom>
 is  primarily that “Academic freedom means that both faculty members and 
students can engage in intellectual debate without fear of censorship or 
retaliation”.
    >
    >This definition was based on the American Association of University 
Professors’ (AAUP) Statement on Academic 
Freedom<https://www.aaup.org/report/1940-statement-principles-academic-freedom-and-tenure>
 which includes, quite specifically, “full freedom in research and in the 
publication of results”.
    >
    >Personally I read that as meaning academics should be allowed to publish, 
not that they have full freedom in choosing where.
    >
    >Rick has since contacted the 
AAUP<https://scholarlykitchen.sspnet.org/2018/03/05/open-letter-aaup-faculty-authors-full-freedom-publication/>
 to ask for clarification on this topic. Last Friday, he tweeted that the AAUP 
has declined to revisit the 1940 statement to clarify the ‘freedom in 
publication’ statement in light of evolution of scholarly communication since 
1940.
    >
    >The reason why the Academic Freedom/ ‘restricting choice of publication’ 
threat(s) is so concerning to the research community has changed over time. In 
the past it was essential to be able to publish in specific outlets because 
colleagues would only read certain publications. Those publications were 
effectively the academic ‘voice’. However today, with online publication and 
search engines this argument no longer holds.
    >
    >What does matter however is the publication in certain journals is 
necessary because of the way people are valued and rewarded. The problem is not 
open access, the problem is the reward system to which we are beholden. And the 
commercial publishing industry is fully aware of this.
    >
    >So let’s be clear. Academic Freedom is about freedom of expression rather 
than freedom of publication outlet and ties into Robert Merton’s 1942 norms of 
science <http://www.collier.sts.vt.edu/5424/pdfs/merton_1973.pdf> which are:
    >§  “communalism”: all scientists should have common ownership of 
scientific goods (intellectual property), to promote collective collaboration; 
secrecy is the opposite of this norm.
    >§  universalism: scientific validity is independent of the sociopolitical 
status/personal attributes of its participants
    >§  disinterestedness: scientific institutions act for the benefit of a 
common scientific enterprise, rather than for the personal gain of individuals 
within them
    >§  organized scepticism: scientific claims should be exposed to critical 
scrutiny before being accepted: both in methodology and institutional codes of 
conduct.
    >
    >If a publisher is preventing a researcher from publishing in a journal 
based on their funding or institutional policy rather than the content of the 
work being submitted then this is entirely in contravention of all of Robert 
Merton’s norms of science. But the publisher is not, as it happens, threatening 
the Academic Freedom of that author.
    >
    >
    >
    >
    >Dr Danny Kingsley
    >Deputy Director - Scholarly Communication & Research Services
    >Head, Office of Scholarly Communication
    >Cambridge University Library
    >West Road, CB3 9DR
    >e: da...@cam.ac.uk<mailto:da...@cam.ac.uk>
    >p: 01223 747 437
    >m: 07711 500 564
    >t: @dannykay68
    >w: www.osc.cam.ac.uk<http://www.osc.cam.ac.uk/>
    >b: https://unlockingresearch.blog.lib.cam.ac.uk
    >o: orcid.org/0000-0002-3636-5939
    >
    
>[/Users/dak45/Library/Containers/com.microsoft.Outlook/Data/Library/Caches/Signatures/signature_404167699]
    
    
    Sanford G. Thatcher
    Frisco, TX  75034
    https://scholarsphere.psu.edu
    
    "If a book is worth reading, it is worth buying."-John Ruskin (1865)
    
    "The reason why so few good books are written is that so few people 
    who can write know anything."-Walter Bagehot (1853)
    
    "Logic, n. The art of thinking and reasoning in strict accordance 
    with the limitations and incapacities of the human 
    misunderstanding."-Ambrose Bierce (1906)
    
    


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