Re: Library subs for works licensed under Creative Commons

[Heather Morrison <heatherm@eln.bc.ca>]

The BC Electronic Library Network Model License includes the 
following language to clarify that nothing in the license 
restricts the rights of Authorized Users under Creative Commons 
licensing:

FAIR DEALING / CREATIVE COMMONS .  Nothing in this agreement 
restricts the rights of Authorized Users under the doctrine of 
"fair dealing" as defined under the laws of Canada, or as 
permitted under Creative Commons licensing.

In other words, we treat CC license terms exactly as we have been 
treating fair use / fair dealing rights.

>From a legal standpoint, I very much doubt that this language is 
necessary.  However, as our understanding of the current and 
potential uses of electronic resources in the scholarly 
environment is still evolving, I believe it is important to have 
discussions about these issues.

SERU is great for those who don't have the time or inclination 
for full license negotiations.  When time and inclination for 
thoughtful discussion to advance our understanding through 
license terms is available, this is preferable, in my view.

The BC ELN Model License can be downloaded from:
http://www.eln.bc.ca/view.php?id=1537

With respect to the Yale example provided by Ann, the license allows
users to:

Share - copy, distribute and transmit the work. Under the terms: 
Attribution, Noncommercial, and No Derivatives

With the license, even though the item is part of a subscription 
database, the user is free to post it to a website and make it 
freely available to anyone, anywhere, with appropriate 
attribution, as long as the use is not commercial, and does not 
involve creation of a derivative work.

Most uses of scholarly material by scholars, universities and 
libraries is not commercial in nature.  Sharing with one's 
colleagues with no expectation of financial gain, is not 
commercial in nature. The exception, of course, would be copying 
and selling the work.

The BC ELN license does allow for one obvious form of Derivative, 
which I'm sure no CC license user means to deny:  that is, our 
license asks for the rights to ALTER or MODIFY as necessary to 
provide equivalent service to users with print disabilities.

Any opinion expressed in this e-mail is that of the author alone, 
and does not represent the opinion or policy of BC Electronic 
Library Network or Simon Fraser University Library.

Heather G. Morrison
Project Coordinator
BC Electronic Library Network
Email:  heatherm@eln.bc.ca
Web: http://www.eln.bc.ca