Thank you, the Cell example is helpful.

If you look up Cell on Sherpa Romeo you will see that authors can self-archive 
their preprint on noncommercial servers such as arXiv and bioRxiv at no cost 
and with no delay: 
https://www.sherpa.ac.uk/romeo/search.php?source=journal&sourceid=6580&la=en&fIDnum=|&mode=simple

In brief: this is what I recommend to authors and funders.

Details:

Relyx (Elsevier's parent company) is a corporation with a mandate to return 
profit to shareholders. In the case of Cell, revenue and profit is derived from 
selling the journal through subscriptions and selling re-use rights. For-profit 
scholarly publishers by definition must make a profit.

181 USD for the use of 5 figures is a model of transparency and a bargain in 
comparison with legally obligatory non-transparent blanket licensing as 
Canada's copyright collectives are demanding for limited rights that might not 
cover this case.

If the figures are in an arXiv version and the downstream author cannot afford 
the 181 USD, they can cite the arXiv version at no cost. There is a small cost 
in inconvenience, but no loss of knowledge.

Elsevier appears to be interpreting NC as necessary to their downstream 
commercial re-use rights. This is a matter of interpretation. NC/ND with author 
copyright means authors retain these rights, not publishers.  CC licenses with 
no NC grant blanket commercial rights to anyone. Under CC-BY for example, 
anyone could charge whatever they like for the 5 figures. Whether they could do 
this through CCC per se depends on CCC policy and practice, not the license. 
With blanket downstream commercial rights, anyone can set up a for-pay image 
database.

My recommendation: authors of Cell articles should self-archive preprints for 
open access and take advantage of pre-submission peer review (a community 
practice in arXiv) in order to post a preprint that has been peer reviewed. For 
the future: further develop this model and eliminate the role of the for-profit 
publisher.

I do not recommend paying for Elsevier postprint OA under any license. Their 
use of NC and ND is problematic. but so is their use of CC-BY.

best,

Dr. Heather Morrison
Associate Professor, School of Information Studies, University of Ottawa
Professeur Agrégé, École des Sciences de l'Information, Université d'Ottawa
Principal Investigator, Sustaining the Knowledge Commons, a SSHRC Insight 
Project
sustainingknowledgecommons.org
[email protected]
https://uniweb.uottawa.ca/?lang=en#/members/706
[On research sabbatical July 1, 2019 - June 30, 2020]
________________________________
From: [email protected] <[email protected]> on behalf of Peter 
Murray-Rust <[email protected]>
Sent: Thursday, September 12, 2019 5:02:15 PM
To: Global Open Access List (Successor of AmSci) <[email protected]>
Subject: Re: [GOAL] Call for applications - International Open Access Advisory 
Group

Attention : courriel externe | external email
Typical example,
Skimmed through Cell to the first CC - NC - ND article:


DOI: https://doi.org/10.1016/j.cell.2019.05.055

Copyright
© 2019 The Author(s). Published by Elsevier Inc.
User License
Creative Commons Attribution – NonCommercial – NoDerivs (CC BY-NC-ND 
4.0)<http://creativecommons.org/licenses/by-nc-nd/4.0/> |
How you can reuse<https://www.cell.com/cell/fulltext/S0092-8674(19)30626-9#> 
[Information Icon]

Go to RightsLInk
Enter as academic author writing a book with CUP and requiring 5 figures.
CCC requires me to pay 181 USD to Elsevier / CCC
Try it yourself

It's irrelevant in practice who s the copyright owner , the total transparency 
is that Elsevier can extort rent for all CC -NC they pubish even if the author 
has copyright.
Transparency = daylight robbery

--
"I always retain copyright in my papers, and nothing in any contract I sign 
with any publisher will override that fact. You should do the same".

Peter Murray-Rust
Reader Emeritus in Molecular Informatics
Unilever Centre, Dept. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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