From: Kevin Smith <[log in to unmask]>
Date: Wed, 12 Mar 2014 11:59:20 +0000

In my opinion, an institution can distribute articles that are
deposited under a faculty open access policy using a Creative Commons
license only if the license created by the policy either explicitly
mentions a particular kind of CC license or is otherwise broad enough
to encompass that form of distribution.  I tell people that a chain of
licenses can only stay the same size or get smaller; the chain should
never grow bigger than the links that went before.  This is part of
the basic legal (and ethical) principle that you cannot sell -- or
give away -- more than you own.  But the answer ultimately depends on
the scope of the original license.

Kevin L. Smith, M.L.S., J.D.
Director, Copyright and Scholarly Communication
Duke University Libraries
Durham, NC  27708
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-----Original Message-----
From: "Kunda, Sue" <[log in to unmask]>
Date: Wed, 12 Mar 2014 01:11:37 +0000

After reading the discussions on this list (and reading Kevin Smith's
blog posts) about the ownership of scholarly articles, I have an
additional question regarding schools with Harvard-like OA policies.

After the University receives the non-exclusive license from the
faculty member can it (the University or the library on the
University's behalf) assign a Creative Commons License to the article?

Would that stipulation have to be specifically spelled out in the OA policy?

Sue Kunda
Digital Scholarship Librarian
121 The Valley Library
Corvallis, OR  97331
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