Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 19:02 UTC (Tue) by Cyberax (✭ supporter ✭, #52523)
In reply to: Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org) by dlang
Parent article: Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

You CAN use a graph from some paper under CC-ND with proper attribution, that's covered by fair use.

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 20:20 UTC (Tue) by mjg59 (subscriber, #23239) [Link] (7 responses)

Not all jurisdictions have fair use.

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 20:55 UTC (Tue) by Cyberax (✭ supporter ✭, #52523) [Link] (6 responses)

Then introduce provisions for it in the license text.

BTW, what jurisdictions actually forbid citations for academic purposes?

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 21:53 UTC (Tue) by Wol (subscriber, #4433) [Link] (3 responses)

What jurisdictions forbid academic citation? The UK for one, I'm pretty certain!

In jurisdictions without fair use, the law tends to be black and white. Even a quote is - technically - a copyright violation. And while I vaguely remember something about the law changing recently, as far as I am aware, ANY copying without explicit permission of one form or another is a copyright violation in the UK.

Oh - and as to the person going on about libel and misrepresentation - you are not considering other countries. The US and UK are diametrically opposed in their implementation of libel law ... what works in one is highly unlikely to work in the other. And in the UK libel law is *totally* *ineffective* for, let's say, 95% of the population.

Cheers,
Wol

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 22:30 UTC (Tue) by Cyberax (✭ supporter ✭, #52523) [Link] (2 responses)

So how do academics work in the UK?

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 29, 2012 7:55 UTC (Wed) by njwhite (guest, #51848) [Link] (1 responses)

> So how do academics work in the UK?

The same way they do elsewhere. I don't know Wol's claim on the illegality of citation is true, but in practise it's treated sensibly; quoting a limited amount, with attribution, is expected and practised widely.

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 29, 2012 12:56 UTC (Wed) by Wol (subscriber, #4433) [Link]

"treated sensibly". Of course.

If an academic sued for copyright violation because another academic quoted him without permission, he'd probably win.

But in the long (and even short) term he'd probably lose big as his career tanked. Academics live by other academics quoting them. So even if it's technically illegal they can't sue as it would be professional death.

Cheers,
Wol

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 29, 2012 7:52 UTC (Wed) by mjg59 (subscriber, #23239) [Link] (1 responses)

I'm not aware of any jurisdictions that forbid citations (but IANAL, etc), but re-using a graph wouldn't be considered citation in the fields I'm familiar with.

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 29, 2012 16:20 UTC (Wed) by Cyberax (✭ supporter ✭, #52523) [Link]

Citing a graph from a paper is fine in my field (biotechnology), if this graph is a subject for further analysis, for example.

Stop the inclusion of proprietary licenses in Creative Commons 4.0 (freeculture.org)

Posted Aug 28, 2012 20:26 UTC (Tue) by bjartur (guest, #67801) [Link]

In what jurisdictions?

Do note that states write their own copyright exceptions. My state, The Republic of Iceland, allows* unlimited verbatim copying for private non-commercial use. I reckon some don't.

* This does now not apply to protected (DRM'd) software. Thank you, EEA.