Re: [jats-list] JATS4R permissions recommendation revision

Subject: Re: [jats-list] JATS4R permissions recommendation revision
From: "Melissa Harrison m.harrison@xxxxxxxxxxxxxxxxx" <jats-list-service@xxxxxxxxxxxxxxxxxxxxxx>
Date: Thu, 11 Jan 2018 16:47:01 -0000
HI Kevin

Thanks so much for your input!

M

On Sun, Jan 7, 2018 at 2:47 AM Kevin Hawkins
kevin.s.hawkins@xxxxxxxxxxxxxxxxxx <jats-list-service@xxxxxxxxxxxxxxxxxxxxxx>
wrote:

> Let's start with use case 2, which I think is more straightforward.  The
> source of the problem here seems to be that some publishers wants to take a
> short-cut in their tagging.  However, isn't the point of JATS4R to coerce
> users into a single way of doing things to facilitate interoperability?  If
> so, I think it's within the scope of JATS4R to say that you want the
> rightsholders listed explicitly rather than requiring someone to infer the
> rightsholders from the list of authors.
>
> As for use case 1, any rightsholder (not just a government employee) could
> in theory choose to license their work under CC0, waiving all copyrights
> and related or neighboring rights.  You don't have to be a government
> employee to do this.  But if the rightsholder chooses CC0, I think you are
> right that <copyright-year> is not applicable.
>
> That said, allow me to be pedantic for a moment and provide some
> background on what I suspect is the implied use case: an employee of the US
> federal government.
>
> Under US copyright law, an employee normally has no right in the work that
> they create; instead, their employer owns the work.  (This is not the case
> with contractors, though the employment contract sometimes assigns all
> rights to the employer anyway.)  Works created by US federal employees are
> not protected by copyright in the US, but the US federal government can in
> theory assert copyright in works of its employees through international
> treaties (see https://cendi.gov/publications/04-8copyright.html#317 ).
> That is, someone inside the US can makes copies of documents of the US
> federal government, but the US government could in theory sue you for
> violation of copyright if you do so in another country.
>
> Given this strange copyright in US government works (that is dormant
> within the US), I'm unclear on who is actually authorized to license a work
> of the federal government, but I doubt it is the employee who created the
> work.  So I doubt that an author of a journal article who is a federal
> employee and wrote the article as part of their job duties actually has the
> right to attach a CC0 license to their work.  Perhaps the head of the
> agency in which they work could authorize this.
>
> But if, despite the ambiguous legal status, the author who is an employee
> of the US federal government has chosen a CC0, then you'll want to record
> this in the JATS encoding.  As above, you're probably right that
> <copyright-year> would be inapplicable.
>
>
> Kevin
>
>
> On 1/4/18 10:11 AM, Melissa Harrison m.harrison@xxxxxxxxxxxxxxxxx wrote:
>
> Hi there
>
> I was hoping for some feedback from the community on the JATS4R steering
> committee's potential revision to the Permissions recommendation
> <https://jats4r.org/permissions>.
>
> It currently lists <copyright-year> and <copyright-holder> as required
> tags, but we have found some use cases where these are not required or even
> not actually allowed, and so are proposing updating the recommendation to
> make these elements optional.
> *Use case 1 - Authors work for government organizations*
>
>    - Open Access content: Some authors working for government
>    organizations waiver their right to copyright, and use of a CC0
>    <https://creativecommons.org/choose/zero/> license is used.
>    - For subscription journals, the copyright is waivered and there is a
>    non-exclusive license (publisher and government) - generally a non-machine
>    readable/standard license
>
> *Use case 2 - Rather than add "The authors" in the copyright holder line,
> some publishers just omit it*
> Some publishers would not list out the names of the authors in the
> copyright-holder tag, and rather than add "The authors" just omit the
> copyright holder line.
> Does anyone have any feedback to JATS4R on this and do you agree?
> Thanks
> Melissa
> (on-behalf of the JATS4R Steering Committee)
>
>
> --
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-- 
Melissa Harrison, Head of Production Operations, *eLife*
eLife Sciences Publications, Ltd
1st Floor
24 Hills Road
Cambridge
CB2 1JP

01223 855345
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Receive content alerts
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eLife Sciences Publications, Ltd is a limited liability non-profit
non-stock corporation incorporated in the State of Delaware, USA, with
company number 5030732, and is registered in the UK with company number
FC030576 and branch number BR015634 at the address First Floor, 24 Hills
Road, Cambridge CB2 1JP.

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