Is Creative Commons Flexible Enough for Historians?

Gumby and Monkey, by Joe (CC-BY-SA)

Creative Commons licenses are incredibly useful. They're easy to use. More and more people understand them. It's even possible to do web searches of Creative Commons content making it easy to find content you can use with confidence. The Open Access movement, particularly in the UK, seems to be promoting Creative Commons licensing as the best way to move towards open access to research, because it means we can (largely) leave lawyers out of it all and implement a standard set of licenses that everyone understands (or should understand). I see the practical merits in that and am a big fan of keeping costs at a minimum. But I also see the counterpoint, that many historians feel Creative Commons just isn't designed for them (see my previous post on Alternative Licensing). Sometimes that feeling is based on a misunderstanding. Sometimes, I think, it's justified. In the interest of opening that discussion, I thought I'd present a couple of scenarios in which I believe Creative Commons is not flexible enough for historians looking to manage the rights associated with their research.

For all of these scenarios, let's assume the work in question is an academic monograph written solely by me.

1) Supporting certain derivations

What I want: I'd like people to be able to translate my book into a range of formats (braile, French, audio, stage performance) without having to ask me, provided that every effort is made to ensure that the translation accurately represents the arguments and positions of the original, and the translator is listed as such on the title page or where applicable. This reuse is only permitted if the entire work is included in the translation.

Why this is important to me: I'm a big supporter of accessibility; I wouldn't want anyone working to provide access to my work for the blind to feel they were prevented from doing that good work by a legal restriction.

Why CC is not sufficient: CC-BY would allow this type of reuse. But it would also allow someone to translate only the introduction, or to pick and choose parts and rearrange them in a way that changes my message. I'm worried if they do that someone might get the wrong idea about my work. You may not think that's important, but it's my book and my reputation, and I am worried. I could use a 'no derivatives' license, CC-BY-ND, but I do want to allow certain types of derivatives under certain conditions.

2) Supporting certain commercial reuses

What I want: I'd like professors creating course readers to feel empowered to use parts of my book with their students. I'd also like private individuals to be able to use individual chapters in edited collections with modest print runs (let's say less than 500). I don't want Evil Publishing Ltd to be able to do the same without asking.

Why this is important to me: I'm a big supporter of ensuring students and my colleagues have access to my work. I also think it's important to support small entrepreneurs. But I know that the publishing industry is big business, and if they're going to make big money from my ideas, I think it's fair to ask that I get a cut of that. Anyone who has ever licensed stock imagery to use on a website or in print knows that the price of the license changes with the number of 'impressions'. In essence, the bigger the advertising campaign, the more money they want to charge you to use the image. This merely attempts to apply those types of restrictions on my book.

Why CC is not sufficient: CC-BY wouldn't give me the power to put the restrictions on Evil Publishing Ltd that I believe is important. Forcing me to use CC in this instance forces me to give away rights I would like to hold onto.

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Those are just a couple of simple examples, which I don't believe are far fetched when considering licensing and reuse from the historian's perspective. For them to work, I think at the very least we need to adopt a CC-BUT license, in which creators are allowed to add restrictions to their license. As I said before, if the concerns of licensors aren't met, they won't get on board. I'd like them on board, but that may need to come at the expense of what seems on the surface to be a simple CC solution.

Academic Freedom License: An Alternative to CC-BY

Professor Peter Mandler, President of the Royal Historical Society allegedly made this comment today at an Open Access event held in London. I was not at the event, but I have heard this concern expressed before: CC-BY licenses allow someone to take an academic work, completely twist the words of the author, and republish it in a way that suggests those are the opinions of the author (either intentionally or through ignorance).

The fear is certainly valid, whether you agree with the interpretation of the license or not. No academic would be happy with the idea of someone twisting their words and republishing something that, if misconstrued, could damage their reputation as a scholar.

I'm inclined to suggest that a CC-BY license does not in fact grant these rights, as the fine print about 'moral rights' points out, noting that 'derogatory treatment' of the licensor's work is not permitted.

Nevertheless, the terms of the license do suggest it is up to the licensor to monitor and police this activity, and if necessary, turn to the courts to enforce it. That's just not practical for a busy academic.

Remixing isn't the only problem. Copyright of images or graphs can also be an issue. Anyone who gives a public lecture these days will be familiar with the release forms that you're asked to sign that require you to grant someone the right to reproduce images and graphs you don't own that happen to be on your powerpoint slides. Academic monographs have the same problem. How can we release our content as open access if the work contains someone else's work for which we have had to ask permission?

If I'm not mistaken, these two issues are the biggest objections to CC-BY licenses for the humanities and social sciences. Thankfully, Professor Mandler has offered another solution, and I'm all for solutions:

New License needed for HSS (Humanities and Social Sciences)

What a fabulous idea. What on earth are we waiting for? I present to you all for consultation: the Academic Freedom License, designed specifically with the needs of academics in mind, that both promotes open access and reuse, and prevents the types of abuses outlined above.

Academic Freedom License

For works released under an 'Academic Freedom License', you are granted the right:

To Share - to copy, distribute and transmit the work in its entirety only.
To Analyse - to data mine and study the work and publish or create work of your own based on that analysis.
To Sell - to make commercial use of the work in its entirety only.

Under the following conditions:

Attribution - You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work)

Excluding - You are prohibited from sharing, analysing, or selling any aspects of the work specified by the author or licensor (such as images under copyright or sections not produced by the author)

With the understanding that:

Waiver - Any of the above conditions can be waived if you get permission from the copyright holder.

Public Domain - Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.

Other Rights - In no way are any of the following rights affected by the license:

• Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
• the author's moral rights
• Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights

How Best to Approach Academic Journals

Are you a humanist trying to get published in an academic journal? Trying to decide if it's worth the time and effort? Do you know someone who fits this category?

The round table discussion (audio) at the American Society for Environmental History, recorded in Talahassee this past month, offers some excellent tips for grad students and post docs. The round table was made up of editors from several academic journals and offers insights into what they like, what they hate, what to do and what not to do. A must listen for any grad student and a great recommendation for any prof to give to their students. Don't let the environmental history topic scare you away; it doesn't factor into the equation at all. This recording is useful for anyone in the humanities; including profs with poor writing skills.

Open Peer Review

I came across an open peer review request the other day. Ara Basmadjian, a UWO digital history student posted a draft essay proposal on his blog, asking his colleagues for constructive criticism.

Not only is this brave and a nice change from the defensive, secretive nobody look at my paper attitude that so many students have, but, if it works, it might prove to be a good first step into an open peer review system that helps create good, solid scholarship in a timely manner, without the need for the bottleneck of journals. I hope it works.