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 [log in to unmask] -----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 [log in to unmask]