Re: Elsevier's license to publish

On 29 July, 23:44, Kristen <kristys...@xxxxxxxxxxx> wrote:
On Jul 29, 8:18 pm, martin_pentre...@xxxxxxxxxxx wrote:

Norman has given a good explanation. To give you a more succinct
analogy, the agreement your being asked to sign is similar to a
freeholder of land granting a 999 year lease. Technically they are
still the ultimate owner of the land, but in fact their interest is
worth virtually nothing. Similarly, although you will technically
retain the copyright you can't do anything useful with it, except
those things which paragraph 2 allows you to do.

Thanks for the elucidation. I'm sorry I'm a bit dim legally.

Suppose I were to prepare a more verbose version of the paper, but
large blocks of the text in the paper I published through Elsevier
were retained in the more detailed paper.

Will doing so effectively create a new paper that I have full rights
to, or will the fact that I copied parts of the paper Elsevier has an
exclusive license to publish cause my rights to be restricted to some
degree?

Kristen

Hi,

According to para 1.4, you are granting "to the Publisher the
following exclusive worldwide right
and licence to:

1.4 Use or permit others to use (with proper credit and citation)
parts of the article in other works. "


But this is subject to the right whch you retain under 2.9:

"The Publisher recognizes the retention of the following rights by
the author:

2.9 To prepare other derivative works, to extend the article into
book
length form, or to otherwise re-use portions or excerpts in other
works, with full acknowledgement of its original publication in the
journal. "

So I think the answer is yes, you can rehash it, but you have to
acknowledge Elsevier's rights. I would check with them how they apply
this clause, but I can't really see why they would be unhappy with
what you are proposing.

By the by, surely a time is coming when academics should be able to
set up their own peer-reviewed system of publication online without
the need for the commercial interests of these big publishing houses
being involved at all? I don't understand why some reputable
universities haven't already pioneered this. Apart from the benefits
to the authors of the papers, it would presumably give free access to
anyone who wished to read it, without the need to pay subscription
fees, and that is very much in the spirit of the disemination of
knowledge, which is the whole point of universities.

Cheers!

Martin


.

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