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Elsevier is infringing copyright
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A few months ago an Elsevier representative contacted me asking for permission to reproduce one of my thesis figures in one of their books. Since this figure is only in my thesis (introduction section) and is not published elsewhere, I retain full copyright.
Because I am truly concerned about the negative effect of Elsevier policies on science at large, I am boycotting Elsevier. I considered not granting them permission, however I thought that this would mostly affect the authors of the book and have very little effect on Elsevier. I asked my Facebook contacts what I should do, and one of them proposed a very nice solution. Basically, he suggested that I publish the work under some terms so that everyone, and not only Elsevier, can be directed to the specific conditions under which this work can be reused. So I posted my figure on Zenodo (this actually makes sense because I have been asked many times for permission to reproduce this figure - mind you, that's the only reason why my thesis gets cited at all).
I replied to the Elsevier representative referring him to the Zenodo entry, and specifically letting him know that the modified version of the figure that they want to use does not comply with my terms (since it removes the text stating I own the copyright).
Last week, I noticed that a preview of the book is available in Google Books. To my surprise, I noticed that the version of the figure (fig. 11.1) that they ended up using does not comply with the terms I communicated to the Elsevier representative. What can/should I do about this?
copyright elsevier
asked 1 hour ago
Miguel
3,91512047
add a comment |Â
up vote
3
down vote
favorite
A few months ago an Elsevier representative contacted me asking for permission to reproduce one of my thesis figures in one of their books. Since this figure is only in my thesis (introduction section) and is not published elsewhere, I retain full copyright.
Because I am truly concerned about the negative effect of Elsevier policies on science at large, I am boycotting Elsevier. I considered not granting them permission, however I thought that this would mostly affect the authors of the book and have very little effect on Elsevier. I asked my Facebook contacts what I should do, and one of them proposed a very nice solution. Basically, he suggested that I publish the work under some terms so that everyone, and not only Elsevier, can be directed to the specific conditions under which this work can be reused. So I posted my figure on Zenodo (this actually makes sense because I have been asked many times for permission to reproduce this figure - mind you, that's the only reason why my thesis gets cited at all).
I replied to the Elsevier representative referring him to the Zenodo entry, and specifically letting him know that the modified version of the figure that they want to use does not comply with my terms (since it removes the text stating I own the copyright).
Last week, I noticed that a preview of the book is available in Google Books. To my surprise, I noticed that the version of the figure (fig. 11.1) that they ended up using does not comply with the terms I communicated to the Elsevier representative. What can/should I do about this?
copyright elsevier
asked 1 hour ago
Miguel
3,91512047
add a comment |Â
up vote
3
down vote
favorite
up vote
3
down vote
favorite
A few months ago an Elsevier representative contacted me asking for permission to reproduce one of my thesis figures in one of their books. Since this figure is only in my thesis (introduction section) and is not published elsewhere, I retain full copyright.
Because I am truly concerned about the negative effect of Elsevier policies on science at large, I am boycotting Elsevier. I considered not granting them permission, however I thought that this would mostly affect the authors of the book and have very little effect on Elsevier. I asked my Facebook contacts what I should do, and one of them proposed a very nice solution. Basically, he suggested that I publish the work under some terms so that everyone, and not only Elsevier, can be directed to the specific conditions under which this work can be reused. So I posted my figure on Zenodo (this actually makes sense because I have been asked many times for permission to reproduce this figure - mind you, that's the only reason why my thesis gets cited at all).
I replied to the Elsevier representative referring him to the Zenodo entry, and specifically letting him know that the modified version of the figure that they want to use does not comply with my terms (since it removes the text stating I own the copyright).
Last week, I noticed that a preview of the book is available in Google Books. To my surprise, I noticed that the version of the figure (fig. 11.1) that they ended up using does not comply with the terms I communicated to the Elsevier representative. What can/should I do about this?
copyright elsevier
asked 1 hour ago
Miguel
3,91512047
A few months ago an Elsevier representative contacted me asking for permission to reproduce one of my thesis figures in one of their books. Since this figure is only in my thesis (introduction section) and is not published elsewhere, I retain full copyright.
Because I am truly concerned about the negative effect of Elsevier policies on science at large, I am boycotting Elsevier. I considered not granting them permission, however I thought that this would mostly affect the authors of the book and have very little effect on Elsevier. I asked my Facebook contacts what I should do, and one of them proposed a very nice solution. Basically, he suggested that I publish the work under some terms so that everyone, and not only Elsevier, can be directed to the specific conditions under which this work can be reused. So I posted my figure on Zenodo (this actually makes sense because I have been asked many times for permission to reproduce this figure - mind you, that's the only reason why my thesis gets cited at all).
I replied to the Elsevier representative referring him to the Zenodo entry, and specifically letting him know that the modified version of the figure that they want to use does not comply with my terms (since it removes the text stating I own the copyright).
Last week, I noticed that a preview of the book is available in Google Books. To my surprise, I noticed that the version of the figure (fig. 11.1) that they ended up using does not comply with the terms I communicated to the Elsevier representative. What can/should I do about this?
copyright elsevier
copyright elsevier
asked 1 hour ago
Miguel
3,91512047
asked 1 hour ago
Miguel
3,91512047
asked 1 hour ago
Miguel
3,91512047
asked 1 hour ago
Miguel
3,91512047
asked 1 hour ago
Miguel
3,91512047
3,91512047
add a comment |Â
add a comment |Â
1 Answer
1
active
oldest
votes
up vote
5
down vote
You attempted to use a crayon license, that is, modify the terms of an existing well-established license to better suit your needs.
This is frowned upon, because it can cause legal complications. In particular, the license CC-BY-NC 4.0 license that you attached to your work states
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
or, in other words (human-readable version on their website)
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC folks officially forbid you from using that name and logo if you do modify their terms:
Can I change the license terms or conditions?
Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons†or “CC†license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials.
So it is going to be difficult to argue for your additional restrictions in court. They are likely to be void. For legal purposes, we can assume that your work is licensed under an unmodified CC-BY-NC 4.0.
Notice 1 still stands, because the CC license allows you to specify your preferred name and wording for the attribution (and it seems to me that they complied with it in the book). Notice 2 is void. Notice 3 still stands, because the license only covers non-commercial use.
So Elsevier is infringing it because they are using it in a commercial work, right? In principle yes, but you wrote that you had an exchange with them and essentially authorized them to use it in the book under the terms listed in Zenodo. We would have to review your full conversation with Elsevier to see what you really wrote to them.
Disclaimer: IANAL.
answered 1 hour ago
Federico Poloni
23.1k1167124
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
add a comment |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
5
down vote
You attempted to use a crayon license, that is, modify the terms of an existing well-established license to better suit your needs.
This is frowned upon, because it can cause legal complications. In particular, the license CC-BY-NC 4.0 license that you attached to your work states
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
or, in other words (human-readable version on their website)
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC folks officially forbid you from using that name and logo if you do modify their terms:
Can I change the license terms or conditions?
Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons†or “CC†license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials.
So it is going to be difficult to argue for your additional restrictions in court. They are likely to be void. For legal purposes, we can assume that your work is licensed under an unmodified CC-BY-NC 4.0.
Notice 1 still stands, because the CC license allows you to specify your preferred name and wording for the attribution (and it seems to me that they complied with it in the book). Notice 2 is void. Notice 3 still stands, because the license only covers non-commercial use.
So Elsevier is infringing it because they are using it in a commercial work, right? In principle yes, but you wrote that you had an exchange with them and essentially authorized them to use it in the book under the terms listed in Zenodo. We would have to review your full conversation with Elsevier to see what you really wrote to them.
Disclaimer: IANAL.
answered 1 hour ago
Federico Poloni
23.1k1167124
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
add a comment |Â
up vote
5
down vote
You attempted to use a crayon license, that is, modify the terms of an existing well-established license to better suit your needs.
This is frowned upon, because it can cause legal complications. In particular, the license CC-BY-NC 4.0 license that you attached to your work states
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
or, in other words (human-readable version on their website)
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC folks officially forbid you from using that name and logo if you do modify their terms:
Can I change the license terms or conditions?
Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons†or “CC†license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials.
So it is going to be difficult to argue for your additional restrictions in court. They are likely to be void. For legal purposes, we can assume that your work is licensed under an unmodified CC-BY-NC 4.0.
Notice 1 still stands, because the CC license allows you to specify your preferred name and wording for the attribution (and it seems to me that they complied with it in the book). Notice 2 is void. Notice 3 still stands, because the license only covers non-commercial use.
So Elsevier is infringing it because they are using it in a commercial work, right? In principle yes, but you wrote that you had an exchange with them and essentially authorized them to use it in the book under the terms listed in Zenodo. We would have to review your full conversation with Elsevier to see what you really wrote to them.
Disclaimer: IANAL.
answered 1 hour ago
Federico Poloni
23.1k1167124
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
add a comment |Â
up vote
5
down vote
up vote
5
down vote
You attempted to use a crayon license, that is, modify the terms of an existing well-established license to better suit your needs.
This is frowned upon, because it can cause legal complications. In particular, the license CC-BY-NC 4.0 license that you attached to your work states
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
or, in other words (human-readable version on their website)
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC folks officially forbid you from using that name and logo if you do modify their terms:
Can I change the license terms or conditions?
Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons†or “CC†license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials.
So it is going to be difficult to argue for your additional restrictions in court. They are likely to be void. For legal purposes, we can assume that your work is licensed under an unmodified CC-BY-NC 4.0.
Notice 1 still stands, because the CC license allows you to specify your preferred name and wording for the attribution (and it seems to me that they complied with it in the book). Notice 2 is void. Notice 3 still stands, because the license only covers non-commercial use.
So Elsevier is infringing it because they are using it in a commercial work, right? In principle yes, but you wrote that you had an exchange with them and essentially authorized them to use it in the book under the terms listed in Zenodo. We would have to review your full conversation with Elsevier to see what you really wrote to them.
Disclaimer: IANAL.
answered 1 hour ago
Federico Poloni
23.1k1167124
You attempted to use a crayon license, that is, modify the terms of an existing well-established license to better suit your needs.
This is frowned upon, because it can cause legal complications. In particular, the license CC-BY-NC 4.0 license that you attached to your work states
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
or, in other words (human-readable version on their website)
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC folks officially forbid you from using that name and logo if you do modify their terms:
Can I change the license terms or conditions?
Yes—but if you change the terms and conditions of any Creative Commons license, you must no longer call, label, or describe the license as a “Creative Commons†or “CC†license, nor can you use the Creative Commons logos, buttons, or other trademarks in connection with the modified license or your materials.
So it is going to be difficult to argue for your additional restrictions in court. They are likely to be void. For legal purposes, we can assume that your work is licensed under an unmodified CC-BY-NC 4.0.
Notice 1 still stands, because the CC license allows you to specify your preferred name and wording for the attribution (and it seems to me that they complied with it in the book). Notice 2 is void. Notice 3 still stands, because the license only covers non-commercial use.
So Elsevier is infringing it because they are using it in a commercial work, right? In principle yes, but you wrote that you had an exchange with them and essentially authorized them to use it in the book under the terms listed in Zenodo. We would have to review your full conversation with Elsevier to see what you really wrote to them.
Disclaimer: IANAL.
answered 1 hour ago
Federico Poloni
23.1k1167124
answered 1 hour ago
Federico Poloni
23.1k1167124
answered 1 hour ago
Federico Poloni
23.1k1167124
answered 1 hour ago
Federico Poloni
23.1k1167124
23.1k1167124
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
add a comment |Â
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
Thanks, this is interesting. I explicitly told the guy that they should comply with Notice 2. I should also add I have exactly zero intention to take this to court. I'm just wondering if I can annoy them (Elsevier) a bit without annoying the authors too much.
– Miguel
1 hour ago
1
1
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
Exact wording that I used: "At the moment, as I can see from the edited version of the figure which you attached to your email, you do not comply with "copyright notice 2". You are free to use the figure after you fix this."
– Miguel
1 hour ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
I fixed "notice 2". Thanks for your insight.
– Miguel
59 mins ago
add a comment |Â
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