A CC BY license (or its equivalent) permits the creation of derivative works without having to seek permission from the copyright holder. In other words, it expressly permits “modification without consent” (though whether this “harm[s]” the work’s “integrity” will vary by circumstance and will probably be a matter of opinion in many cases).
Of course, the Nelson Memo doesn’t require those kinds of licenses. It requires that publications based on federally-funded research be made “freely and publicly available by default,” but doesn’t specify what reuse rights must be licensed to the public. It does, however, leave the door open to agencies to impose those additional kinds of requirements, which I believe is what the Senate committee is raising concerns about. Its report directs OSTP to “clarify its guidance to agencies and instruct them not to limit grant recipients’ ability to copyright, freely license, or control their works.”
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Rick Anderson
University Librarian
Brigham Young University
(801) 422-4301
[log in to unmask]
From: OpenCafe-l <[log in to unmask]> on behalf of Ali Krzton <[log in to unmask]>
Reply-To: Ali Krzton <[log in to unmask]>
Date: Monday, August 19, 2024 at 10:23 AM
To: "[log in to unmask]" <[log in to unmask]>
Subject: Re: [OPENCAFE-L] [EXT] Re: [OPENCAFE-L] Legislative opposition to the Nelson Memo continues to fail to die...
Interesting language used in both reports: researchers should not have to release their work under licenses that could "harm its integrity or allow modification without consent". What licenses do they mean, I wonder, and how would those licenses lead to such outcomes? I'm thinking both "how could open licenses potentially lead to this" and also "what are the causal mechanisms from the standpoint of those concerned".
Best,
Ali Krzton
Research Data Management Librarian
Auburn University
________________________________
From: OpenCafe-l <[log in to unmask]> on behalf of Rick Anderson <[log in to unmask]>
Sent: Monday, August 19, 2024 11:04 AM
To: [log in to unmask] <[log in to unmask]>
Subject: [EXT] Re: [OPENCAFE-L] Legislative opposition to the Nelson Memo continues to fail to die...
CAUTION: Email Originated Outside of Auburn.
It’s the Senate and House Appropriations Committees, each of which has written a separate report expressing concern about implementation of the Nelson Memo.
Relevant section of the House committee report: https://www.congress.gov/118/crpt/hrpt582/CRPT-118hrpt582.pdf#page=92
… and of the Senate committee report: https://www.congress.gov/118/crpt/srpt198/CRPT-118srpt198.pdf#page=149
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Rick Anderson
University Librarian
Brigham Young University
(801) 422-4301
[log in to unmask]
From: Jim O'Donnell <[log in to unmask]>
Date: Monday, August 19, 2024 at 10:00 AM
To: Rick Anderson <[log in to unmask]>
Cc: "[log in to unmask]" <[log in to unmask]>
Subject: Re: [OPENCAFE-L] Legislative opposition to the Nelson Memo continues to fail to die...
Rick, where do you think this opposition is coming from? “Appropriators” is a very anonymous screen behind which is … ?
Jim O’Donnell
ASU
On Monday, August 19, 2024, Rick Anderson <[log in to unmask]<mailto:[log in to unmask]>> wrote:
https://ww2.aip.org/fyi/lawmakers-raise-new-licensing-concerns-over-white-house-open-access-mandate
Pull quote: “appropriators in both chambers of Congress have advanced legislation that would block federal agencies from limiting authors’ ability to choose how to license their work.”
---
Rick Anderson
University Librarian
Brigham Young University
(801) 422-4301
[log in to unmask]<mailto:[log in to unmask]>
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