From: Janet Stewart <[log in to unmask]> Date: Thu, 1 Mar 2018 04:45:34 +0000 This situation sounds similar to the 2001 Tasini Decision that affected online versions of the New York Times and other newspapers. That decision as many of you know prevented those newspapers from including some free lance articles in their online versions since those authors had not given permission for such use. It has affected certain years of the NYT and other papers in that I have come across such articles that could not be found in the online versions of the papers. Back to the microfilm versions for those articles. I believe that now the papers make sure to get that permission when contracting with free lancers. Janet Stewart ------------------------------ From: "Smith, Kevin L" <[log in to unmask]> Date: Tue, 27 Feb 2018 15:18:50 +0000 Based on this limited information, this sounds like a failure of licensing, and should not be a common occurrence. There is no reason, in principle, why an article for which the author retains copyright should not appear in an aggregator database. The publisher, presumably, stands between the author and the aggregator; they negotiate with both the author and the aggregator. If an author wants to retain copyright, the publisher should be negotiating a license to publish with that author that takes account of their agreements with any aggregators. Perhaps the author was unwilling to allow republication in an aggregator, but it is hard to see why they would be. This seems like it is fundamentally the publisher’s responsibility, as the party to both agreements. Kevin Smith On Feb 26, 2018, at 6:51 PM, LIBLICENSE <[log in to unmask]> wrote: From: Ann Shumelda Okerson <[log in to unmask]> Date: Mon, 26 Feb 2018 11:29:50 -0500 Sarah Taylor has kindly permitted us to forward this message to liblicense-l readers. It's an interesting topic. And the journal referenced is: *International Journal of Mentoring and Coaching in Education*. ---------- Forwarded message ---------- From: Taylor, Sarah <[log in to unmask]> Date: Mon, Feb 26, 2018 at 10:43 AM Subject: [lis-e-resources] Author assigned copyright = no access? To: [log in to unmask] Hi all, Has anyone else come across a situation whereby an aggregator has not been able to provide full text access to a single article in a journal issue because the author has retained copyright? I honestly don’t think I have (until this morning!) and am slightly concerned that this might be a common occurrence. Thanks. Best wishes, Sarah Sarah Taylor Electronic Resources Librarian The Peter Marsh Library University of Bolton Deane Road Bolton BL3 5AB 01204 903099 [log in to unmask]