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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

University of Nebraska - Lincoln

Library and Information Science

2018

Scholarly sharing

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Full-Text Articles in Law

Leveraging Elsevier’S Creative Commons License Requirement To Undermine Embargoes, Josh Bolick Jan 2018

Leveraging Elsevier’S Creative Commons License Requirement To Undermine Embargoes, Josh Bolick

Copyright, Fair Use, Scholarly Communication, etc.

In the last round of author-sharing policy revisions, Elsevier created a labyrinthine title-by-title embargo structure requiring embargoes from 12 to 48 months for authors sharing via institutional repository (IR), while permitting immediate sharing via an author’s personal website or blog. At the same time, all prepublication versions are to bear a Creative Commons-Attribution-Noncommercial-No Derivatives (CC-BY-NC-ND) license. At the time this policy was announced, it was criticized by many in the scholarly communication community as overly complicated and restrictive. However, this CC licensing requirement creates an avenue for subverting an embargo in the IR to achieve quicker and wider open distribution …