Re: Do PrePrints and PostPrints Need a Copyright Licence?

From: Charles Oppenheim <C.Oppenheim_at_LBORO.AC.UK>
Date: Wed, 19 Oct 2005 16:51:34 +0100

Perhaps I wasn't clear enough.

I agree that I can post a preprint which says "no commercial re-use" and
then subsequently and quite separately license a publisher to commercially
exploit the item. What I meant was that the publisher cannot insist that
my preprint's terms and conditions get amended.


Quoting Imre Simon <>:

> Charles Oppenheim <C.Oppenheim_at_LBORO.AC.UK> wrote:
> > If I offer something under a CC licence and then subsequently agree to
> a
> > more restrictive publisher's licence, I have set up an incompatibility.
> > It's equivalent to promising to sell my car to one person and later on
> > promising to sell the car to another person. The earlier licence
> over-rides
> > the second. In other words, any subsequent more restrictive licence
> with a
> > publisher would have no validity and would be unenforceable by the
> > publisher. Mind you, the publisher would be perfectly entitled to be
> > annoyed with the author, and may refuse to publish the article and/or
> > refuse to ever have dealings with that author again in the future.
> I beg to differ. There does not exist an a priori incompatibility.
> For instance, one can distribute his/her preprint with a Creative
> Commons Attribution-NonCommercial license which does not allow the
> commercial use of the paper. Subsequently he/she can give exclusive
> rights for the printing and commercialization of his/her paper to a
> publisher.
> By the way, this is pretty much what is being proposed in the Open
> Access Law program of Science Commons:
> In that program the author retains the right to distribute his/her work
> with a Creative Commons Attribution-NonCommercial license even after the
> publication.
> They already have a list of 30 journals which adopted their principles:
> In my opinion, other areas of academic research should try to put
> together similar programs and convince as many journals as they can to
> accept these very same principles.
> This would greatly enhance the possibilities and the future of
> self-archiving.
> Cheers,
> Imre Simon
Received on Wed Oct 19 2005 - 18:03:04 BST

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