DEAL Practice webinar  on 25 June focused on the use of Creative Commons (CC) licences in the context of DEAL agreements. Dr Till Kreutzer, an expert in copyright and open access, provided insights into the implications and challenges of CC licenses choice.

Till Kreutzer

 Dr. Till Kreutzer

Key points:

Introduction to CC licences:

CC licences allow the use, distribution and adaptation of copyrighted works under certain conditions and offer a flexible alternative to traditional copyright.

Importance for Open Access:

CC licences are essential for Open Access, allowing free access to scientific information while respecting copyright restrictions.

CC BY is consistent with the Berlin Declaration on Open Access, which promotes free and open access to scientific knowledge.

Types of CC licences:

Permissive licences (e.g. CC BY): Allow extensive use with attribution.

Restrictive licences (e.g. CC BY-NC, CC BY-NC-ND): Restrict commercial use and derivative works.

Challenges with NC licences in the DEAL context:

Licenses with a non-commercial (NC) suffix can hinder the dissemination and development of scientific works due to unclear definitions of commercial use.

In DEAL agreements, NC licences often require authors to transfer rights of use back to publishers, making it difficult to achieve Open Access goals.

Publisher practices:

Springer Nature: Generally uses CC BY for OA publications.

Elsevier and Wiley: Offer more restrictive options such as NC or NC-ND.

Authors choosing NC licences have to transfer rights of use to publishers, undermining Open Access principles.

Change licences:

Authors can request to change their chosen licences after publication:

Wiley: Allows changes until the early view version is published.

Elsevier: Allows changes at any time, providing more flexibility.

Repository and platform issues:

Storing publications under NC licences in repositories can be problematic if the repository is commercial.

Legal uncertainties regarding dissemination on platforms such as ResearchGate increase complexity and work against the principle of openness.

Recommendations:

  • Authors are encouraged to choose more permissive licences such as CC BY to avoid unnecessary restrictions and ensure wider dissemination and reuse of their work.

  • Institutions can support authors by informing them about the possibility of switching licences and encouraging the adoption of CC BY licences.