[cc-community] Journal using Creative Commons

Mia Garlick mia at creativecommons.org
Thu Oct 26 20:10:24 EDT 2006


this is correct. the CC licenses are public licenses that govern the  
relationship between the original author/licensor on the one hand and  
members of the public on the other.

who should sue for any infringement of the license or copyright is a  
matter of agreement between the original author and licensor,  
separate and apart from the CC license.  as a general rule, if the  
publisher is only a non-exclusive licensee of the rights, the law  
does not recognize that they have the right to bring an action for  
infringement.  typically, at law (in the US and Australia, the  
jurisdictions with which I am familiar) only a copyright owner or an  
exclusive licensee can bring an infringement action. so it depends on  
what your relationship is with your authors and what you negotiate.   
whatever is decided, it's probably best to make sure the situation is  
made clear to authors when they submit their works to your journal to  
avoid any later confusion and misunderstandings.

i am a lawyer, i do work for CC but this is not legal advice.

On Oct 26, 2006, at 4:54 PM, Jonathan Yapp wrote:

> As far as I know there is no legal onus on the publisher to enforce CC
> licenses unless you made that agreement with your authors separately.
> (i'm NOT a lawyer, but i do publish a lot of CC media)
>
>> The 'Original Author' retains the copyright, whereas the journal is
> in essence only the first user.
>
> this is correct in my understanding
>
>
>
>
>
> Sebastian Garde wrote:
>> Dear all,
>>
>> We are investigating the use of one of the creative commons licenses
>> for our journal (electronic Journal of Health Informatics (eJHI):
>> http://ejhi.net <http://ejhi.net/>)
>>
>> A question that arises when choosing the right license is whether  
>> authors
>> could expect the journal to enforce the license - which may require
>> legal efforts/costs on behalf of the journal in case of any  
>> infringements.
>> Authors might expect that if it is our policy, we will inforce it to
>> protect their interests.
>>
>> From reading the licenses, it is not clear to me if this is a  
>> possible
>> scenario from a legal point of view?
>> The author of the paper is the 'Original Author', but the journal
>> would be the 'licensor'.
>> The 'Original Author' retains the copyright, whereas the journal  
>> is in
>> essence only the first user.
>>
>> Kind regards
>> Sebastian
>>
>> Dr Sebastian Garde
>> Faculty of Business and Informatics, Central Queensland University
>> Austin Centre for Applied Clinical Informatics
>> Austin Health
>> Heidelberg Vic 3084, Australia
>>
>> s.garde at cqu.edu.au <mailto:s.garde at cqu.edu.au> Ph: +61 (0)3 9496 4040
>> Fax: +61 (0)3 9496 4224
>> Skype: gardeseb
>> http://healthinformatics.cqu.edu.au
>> --------------------------------------------------------------------- 
>> ---
>>
>> _______________________________________________
>> cc-community mailing list
>> cc-community at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-community
>>
>> --------------------------------------------------------------------- 
>> ---
>>
>> No virus found in this incoming message.
>> Checked by AVG Free Edition.
>> Version: 7.1.408 / Virus Database: 268.13.13/500 - Release Date:  
>> 10/26/2006
>>
>>
>
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community



More information about the cc-community mailing list