Matt and I are about to submit a paper. One of the journals we considered — and would have really liked in many respects — turned out to use the CC By-NC-SA license. This is a a very well-intentioned licence that allows free use except for commercial purposes, and which imposes the same licence on all derivative works. While that sounds good, there are solid reasons to prefer the simpler CC By licence. I wrote to the journal in question advocating a switch to CC By, and then I thought the reasoning might be of broader interest. So here’s what I wrote, lightly edited.


First, CC By neatly expresses the one requirement all academics have of their work: that they get credit for it. When we publish papers, we are happy for them to be freely distributed, but also want people to build on them, re-using parts in whatever way helps, provided we’re credited — and that is exactly what CC By enables.

Second, because of this, many funders that require the work their grantees do to be published open access specifically require the CC By licence, in the expectation that it will provide the greatest societal benefit in exchange for their investment. Most famously, this is the case for the Gates Foundation (the largest private foundation in the world), but for a partial list of the many other funders with this policy, see https://www.springernature.com/gp/open-research/funding/funders-requiring-cc-by-for-articles — funders whose grantees, as things stand, are not allowed to publish their work in your journal.

Third, CC By is almost universal among well established and respected open-access journals, including all the PLOS journals, PeerJ, the BioMed Central journals, the Hindawi journals, eLIFE, Nature’s Scientific Reports, and palaeo journals such as Acta Palaeontologica Polonica and Palarch’s Journal of Vertebrate Paleontology. This is important because CC By-licenced journals can’t freely use material published under more restrictive licences such as your journal’s CC By-NC-SA. Instead, authors of such articles must labouriously seek exemptions from the copyright holders of the material they wish to reuse or adapt.

Fourth and last, other online resources also use CC By (or optionally CC By-SA in the case of Wikipedia), which means that, while material from PLOS ONE, Scientific Reports et al. can be freely used in Wikipedia articles, text and illustrations from articles in your journal cannot, limiting its use in outreach. Similarly, even on our own palaeontology blog, we would have concerns about using By-NC-SA materials as we use Patreon to solicit donations and our blog is arguably therefore commercial. (Part of the problem with the NC clause is that there is no rigorous definition of “commercial”.)

For all these reasons, we believe that your journal would better serve its authors, its readers, the academic community and broader society if its articles were published under the CC By licence. We hope that, if you agree, you are able to some point to help the journal make this transition. And if there’s anything Matt or I can do to assist that process, we’ll be happy to.

My talk (Taylor and Wedel 2019) from this year’s SVPCA is up!

The talks were not recorded live (at least, if they were, it’s a closely guarded secret). But while it was fresh in my mind, I did a screencast of my own, and posted it on YouTube (CC By). I had to learn how to do this for my 1PVC presentation on vertebral orientation, and it’s surprisingly straightforward on a Mac, so I’ve struck while the iron is hot.

For the conference, I spoke very quickly and omitted some details to squeeze the talk into a 20-minute slot. In this version, I go a bit slower and make some effort to ensure it’s intelligible to an intelligent layman. That’s why it runs closer to half an hour. I hope you’ll find it worth your time.

References

Open-access journalist Richard Poynder posted a really good interview today with the Gates Foundation’s Associate Officer of Knowledge & Research Services, Ashley Farley. I feel bad about picking on one fragment of it, but I really can’t let this bit pass:

RP: As you said, Gates-funded research publications must now have a CC BY licence attached. They must also be made OA immediately. Does this imply that the Gates foundation sees no role for green OA? If it does see a role for green OA what is that role?

AF: I wouldn’t say that the foundation doesn’t see value or a role for green open access. However, the policy requires immediate access, reuse and copyright arrangements that green open access does not necessarily provide.

Before I get into this, let me say again that I have enormous admiration for what Ashley Farley and the Gates Foundation are doing for open access, and for open scholarship more widely. But:

The (excellent) Gates policy requires immediate access, reuse and copyright arrangements that gold open access does not necessarily provide, either. It provides them only because the Gates Foundation has quite rightly twisted publishers’ arms, and said you can only have our APCs if you meet our requirements.

And if green open access doesn’t provide immediate access and reuse, then that is because funders have not twisted publishers’ arms to allow this.

It’s perfectly possible to have a Green OA repository in which all the deposited papers are available immediately and licenced using CC By. It’s perfectly possible for a funder, university or other body to have a green OA policy that mandates this.

But it’s true that no-one seems to have a green OA policy that does this.

Why not?

Step 1: Include the Share-Alike provision in your Creative Commons license, as in the mysteriously popular CC BY-SA and CC BY-NC-SA.

Step 2: Listen to the crickets. You’re done. Congratulations! No-one will ever use your silhouette in a scientific paper, and they probably won’t use your stuff in talks or posters either. Luxuriate in your obscurity and wasted effort.

Pachyrhinosaurus canadensis by Andrew A. Farke, CC BY 3.0, courtesy of PhyloPic.org.

Background

PhyloPic is the incredibly useful thing that Mike Keesey made where makers upload silhouettes of organisms and then people can use them in papers, posters, talks, on t-shirts, bumper stickers, and so on.

At least, they can if the image license allows it. And tons of them don’t, because people include the stupid Non-Commercial (NC) and even stupider Share-Alike (SA) provisions in their image licenses. (Need a refresher on what those are? See the tutorial on licenses.)

Why are these things dumb? Well, you could make a case for NC, but it will still probably kill most potential uses of your images. Most journals are run by companies — well, most are run by incredibly rapacious corporations that extract insane profits from the collective suckerhood that is academia — and using such an image in a for-profit journal would break the Non-Commercial clause. Even open-access journals are a bit murky.

But Share-Alike is way, way worse. What it means is that any derivative works that use material released under CC-BY-SA have to be released under that license as well. Share-Alike came to us from the world of software, where it actually has some important uses, which Mike will expand upon in the next post. But when it comes to PhyloPic or pretty much any other quasi-academic arena, including the Share-Alike provision is misguided.

As of this writing, PhyloPic has two silhouettes of Panphagia. I can actually show you this one, because it doesn’t have the Share-Alike license attached. The other one is inaccessible. Image by Ricardo N. Martinez and Oscar A. Alcober, CC BY 3.0, courtesy of PhyloPic.org.

Why not Share-Alike?

Why is Share-Alike so dumb for PhyloPic? It’s a viral license that in this context accomplishes nothing for the creator. Because the downstream material must also be CC BY-SA (minimally, or CC BY-NC-SA), almost any conceivable use is prevented:

  • People can’t use the images in barrier-based journals, because they’re copyrighted.
  • People can’t use the images in almost all OA journals, because they’re CC BY, and authors can’t just impose a more restrictive license on them willy-nilly.
  • People can’t use the images in their talks or posters, unless they want to make their talks and posters CC BY-SA. Even people who do release their talks and posters out into the wild are probably going to use CC BY if they use anything; they care about being cited, not about forcing downstream users to adopt a pointlessly restrictive license.
  • People probably can’t use the images on t-shirts or bumper stickers; at least, I have a hard time imagining how a physical object could meet the terms of CC BY-SA, unless it’s being given away for free. And even if one could, most downstream creators probably won’t want the headache — they’ll grab a similar image released under a less restrictive license and move on.
  • I can’t even blog the CC BY-SA images because everything we put on this blog is CC BY (except where noted by a handful of more restrictive museum image use policies), and it would more than a little ironic to make this one post CC BY-SA, which it would have to be if it included CC BY-SA images.

You may think I’m exaggerating the problem. I’m not. If you look at the Aquilops paper (Farke et al. 2014), you’ll see a lot of ceratopsian silhouettes drawn by Andy Farke. We were making progress on the paper and when it came time to finish the illustrations, most of the silhouettes we needed had the Share-Alike provision, which made them useless to us. So Andy drew his own. And while he was doing that, I took some of my old sauropod drawings and converted them to silhouettes and uploaded them. Both of us used CC BY, because all we care about is getting cited. And now people are using — and citing! — Andy’s and my drawings in preference to others, some arguably better (at least for the sauropods), that have pointlessly restrictive licenses.

So we have this ridiculous situation where a ton of great images on PhyloPic are essentially unusable, because people put them up under a license that sounds cool but actually either outright blocks or at least has a chilling effect on almost any conceivable use.

Is this a good silhouette of Camarasaurus? Maybe, maybe not. But that’s beside the point: this is currently the only silhouette of Camarasaurus on PhyloPic that you can actually use. By Mathew Wedel, CC BY 3.0, courtesy of PhyloPic.org.

What I do about this

Here’s my take: I care about one thing and one thing only, which is credit. All I need is CC BY. If someone wants to take my stuff and put it in a product and charge a profit, I say go for it — because legally every copy of that product has to have my name on it somewhere, credited as the creator of the image. I may not be making any money off that product, but I’m at least getting exposure. If I go CC BY-NC, then I also don’t get any money, and now I don’t even get that exposure. Why would I hack my own foot off like that? And I don’t use CC BY-SA because I don’t write software, so it has only downsides to offer me.

Now, there are certainly artists in the world with sufficient talent to sell t-shirts and prints. But even for them I’m skeptical that CC BY-NC has much to offer for their PhyloPic silhouettes. I know we’re all nuts around here for monochrome filled outlines of dead animals, but let’s be real, they’re a niche market at best for clothing and lifestyle goods. Personally I’d rather get the citations than prevent someone in Birmingham or Bangkok from selling cladogram t-shirts with tiny copies of my drawings, and I think that would still be true even if I was a professional artist.

What you should do about this

I suspect that a lot of people reading this post are dinosaur enthusiasts. If you are, and you’d like to get your name into published scientific work (whether you pursue writing and publishing yourself or not), get drawin’, and upload those babies using CC-BY. Make sure it is your own original work, not just a skin thrown over someone else’s skeletal recon, and don’t spam PhyloPic with garbage. But if you can execute a technical drawing of a critter, there’s a good chance it will be used and cited. Not only because there are still holes in PhyloPic’s coverage, but because so many otherwise great images on PhyloPic are locked up behind restrictive licenses. To pick an example nearly at random, PhyloPic has two silhouettes of Pentaceratops, and both of them are useless because of the Share-Alike provision in their licenses. You have an opportunity here. Don’t tarry.

If you already uploaded stuff to PhyloPic using CC BY-SA for whatever reason (it sounded cool, Joe Chill murdered your folks, you didn’t realize that it was academic reuse equivalent of radioactive syphilis), change it or replace it. Because all it is doing right now is driving PhyloPic users to other people’s work. Really, honestly, all you are doing is wasting your time by uploading this stuff, and wasting the time of PhyloPic users who have to hover over your pictures to find out that they’re inaccessible.

You don’t get any credit if no-one ever uses your stuff. Or, more precisely, you get 100% of a pie that doesn’t exist. That’s dumb. Stop doing it.

Reference

Farke, A.A., Maxwell, W.D., Cifelli, R.L., and Wedel, M.J. 2014. A ceratopsian dinosaur from the Lower Cretaceous of Western North America, and the biogeography of Neoceratopsia. PLoS ONE 9(12): e112055. doi:10.1371/journal.pone.0112055

For a long while, there has been a lot of anger among researchers and academic librarians towards the legacy publishers: the big corporations that control access to most of the world’s scholarly output. But what exactly is the problem? Let’s briefly consider several possibilities, and see if we can figure out which ones really matter.

Is it the publishers’ profit margins? As we’ve discussed before, the Big Four publishers all make profits in the region of 35% of revenue, which is more than Google (25%) or Apple (29%) make. Essentially every time you buy something from Elsevier, a third of the money goes straight into shareholders’ pockets.

But as I have previously argued, I don’t think this, in isolation, is a big problem. A company that could make a car for $500, if it sold that car for $1000, would be making a 50% profit: but that wouldn’t matter, because what we actually care about is the price we pay, not whether the price goes on costs or profits.

So is the problem with legacy publishers the sheer cost of their products (whether made up of profit or internal costs)? This is definitely an issue, and has been for a long time: the serials crisis goes back several decades. It certainly seems to be true that publishers are collecting exploitative rent on research outputs that they own, hiking up prices much faster than inflation and using underhand tactics to force renegotiation in their favour. This is underhand and destructive — but not the core of the issue.

Perhaps we get closer to the heart when we consider the provision of free labour by the authors, peer-reviewers and editors who donate their time, effort and professional expertise to enrich the publishers. No-one disputes that publishers add some value to the published work; but clearly 90% of the value is in the author’s submission, and 90% of the remainder in the volunteer-run editorial process. It sticks in the craw that the only people who benefit financially from all this are the ones who contribute least.

All of this so far has been to do with how scholarship is generated and how it then generates revenue. But maybe the real issue is what happens once it’s become a product: almost nobody can actually read the papers. To me, this is a much more fundamental issue. Whatever the academic community spends on subscriptions, the opportunity cost of all the papers we can’t read is far greater — and that is true on an enormously greater scale when we take into account the trifling matter of the world outside academia. (Bonus points: even when you can read the papers you are often limited in what you can do with them due to restrictive licences. Content-mining, data-reuse, lecture preparation, Wikipedia edits and much more are impeded by such limitations.)

But maybe even more fundamental than this is the problem that legacy publishers own and control the scholarly literature. That is the foundational truth that underlies all the other bad things I’ve listed here. They own the copyright because researchers give it to them. And so can we honestly be surprised when corporations, given a resource, then exploit it for financial gain?

The solution in the end is very, very simple: we have to stop giving them our good stuff. Just don’t. Don’t give your work to subscription-based journals. Don’t review for them. And don’t act as an editor for them. Scholarship belongs to the world, not to publishers who do the opposite of publishing. Publish your work where it benefits the world.

 

In my recent preprint on the incompleteness and distortion of sauropod neck specimens, I discuss three well-known sauropod specimens in detail, and show that they are not as well known as we think they are. One of them is the Giraffatitan brancai lectotype MB.R.2181 (more widely known by its older designation HMN SII), the specimen that provides the bulk of the mighty mounted skeleton in Berlin.

Giraffatitan c8 epipophyses

That photo is from this post, which is why it’s disfigured by red arrows pointing at its epipophyses. But the vertebra in question — the eighth cervical of MB.R.2181 — is a very old friend: in fact, it was the subject of the first ever SV-POW! post, back in 2007.

In the reprint, to help make the point that this specimen was found extremely disarticulated, I reproduce Heinrich (1999:figure 16), which is Wolf-Dieter Heinrich’s redrawing of Janensch’s original sketch map of Quarry S, made in 1909 or 1910. Here it is again:

Taylor 2015: Figure 5. Quarry map of Tendaguru Site S, Tanzania, showing incomplete and jumbled skeletons of Giraffatitan brancai specimens MB.R.2180 (the lectotype, formerly HMN SI) and MB.R.2181 (the paralectotype, formerly HMN SII). Anatomical identifications of SII are underlined. Elements of SI could not be identified with certainty. From Heinrich (1999: figure 16), redrawn from an original field sketch by Werner Janensch.

Taylor 2015: Figure 5. Quarry map of Tendaguru Site S, Tanzania, showing incomplete and jumbled skeletons of Giraffatitan brancai specimens MB.R.2180 (the lectotype, formerly HMN SI) and MB.R.2181 (the paralectotype, formerly HMN SII). Anatomical identifications of SII are underlined. Elements of SI could not be identified with certainty. From Heinrich (1999: figure 16), redrawn from an original field sketch by Werner Janensch.

For the preprint, as for this blog-post (and indeed the previous one), I just went right ahead and included it. But the formal version of the paper (assuming it passes peer-review) will by very explicitly under a CC By licence, so the right thing to do is get formal permission to include it under those terms. So I’ve been trying to get that permission.

What a stupid, stupid waste of time.

Heinrich’s paper appeared in the somewhat cumbersomely titled Mitteilungen aus dem Museum fur Naturkunde in Berlin, Geowissenschaftliche Reihe, published as a subscription journal by Wiley. Happily, that journal is now open access, published by Pensoft as The Fossil Record. So I wrote to the Fossil Record editors to request permission. They wrote back, saying:

We are not the right persons for your question. The Wiley Company holds the copyright and should therefore be asked. Unfortunately, I do not know who is the correct person.

I didn’t know who to ask, either, so I tweeted a question, and copyright guru Charles Oppenheim suggested that I email permissions@wiley.com. I did, only to get the following automated reply:

Dear Customer,

Thank you for your enquiry.

We are currently experiencing a large volume of email traffic and will deal with your request within the next 15 working days.

We are pleased to advise that permission for the majority of our journal content, and for an increasing number of book publications, may be cleared more quickly by using the RightsLink service via Wiley’s websites http://onlinelibrary.wiley.com and www.wiley.com.

Within the next fifteen working days? That is, in the next three weeks? How can it possibly take that long? Are they engraving their response on a corundum block?

So, OK, let’s follow the automated suggestion and try RightsLink. I went to the Wiley Online Library, and searched for journals whose names contain “naturkunde”. Only one comes up, and it’s not the right one. So Wiley doesn’t admit the existence of the journal.

Despite this, Google finds the article easily enough with a simple title search. From the article’s page, I can just click on the “Request Permissions”  link on the right, and …

rightslink-fail

Well, there’s lots to enjoy here, isn’t there? First, and most important, it doesn’t actually work: “Permission to reproduce this content cannot be granted via the RightsLink service.” Then there’s that cute little registered-trademark symbol “®” on the name RightsLink, because it’s important to remind me not to accidentally set up my own rights-management service with the same name. In the same vein, there’s the “Copyright © 2015 Copyright Clearance Center, Inc. All Rights Reserved” notice at the bottom — copyright not on the content that I want to reuse, but on the RightsLink popup itself. (Which I guess means I am in violation for including the screenshot above.) Oh, and there’s the misrendering of “Museum für Naturkunde” as “Museum für Naturkunde”.

All of this gets me precisely nowhere. As far as I can tell, my only recourse now is to wait three weeks for Wiley to get in touch with me, and hope that they turn out to be in favour of science.

sadness_____by_aoao2-d430zrm

It’s Sunday afternoon. I could be watching Ireland play France in the Rugby World Cup. I could be out at Staverton, seeing (and hearing) the world’s last flying Avro Vulcan overfly Gloucester Airport for the last time. I could be watching Return of the Jedi with the boys, in preparation for the forthcoming Episode VII. Instead, here I am, wrestling with copyright.

How absolutely pointless. What a terrible waste of my life.

Is this what we want researchers to be spending their time on?

Promoting the Progress of Science and useful Arts, indeed.

Update (13 October 2015): a happy outcome (this time)

I was delighted, on logging in this morning, to find I had email from RIGHTS-and-LICENCES@wiley-vch.de with the subject “Permission to reproduce Heinrich (1999:fig. 16) under CC By licence” — a full thirteen working days earlier than expected. They were apologetic and helpful. Here is key part of what they said:

We are of course happy to handle your request directly from our office – please find the requested permission here:
We hereby grant permission for the requested use expected that due credit is given to the original source.
If material appears within our work with credit to another source, authorisation from that source must be obtained.
Credit must include the following components:
– Journals: Author(s) Name(s): Title of the Article. Name of the Journal. Publication  year. Volume. Page(s). Copyright Wiley-VCH Verlag GmbH & Co. KGaA. Reproduced with permission.

So this is excellent. I would of course have included all those elements in the attribution anyway, with the exception that it might not have occurred to me to state who the copyright holder is. But there is no reason to object to that.

So, two cheers for Wiley on this occasion. I had to waste some time, but at least none of it was due to deliberate obstructiveness, and most importantly they are happy for their figure to be reproduced under CC By.

References

  • Heinrich, Wolf-Dieter. 1999. The taphonomy of dinosaurs from the Upper Jurassic of Tendaguru, Tanzania (East Africa), based on field sketches of the German Tendaguru expedition (1909-1913). Mitteilungen aus dem Museum fur Naturkunde in Berlin, Geowissenschaftliche Reihe 2:25-61.

Just launched: a new open-access journal of vertebrate paleontology, brought to you by the University of Alberta, Canada! It’s called VAMP (Vertebrate Anatomy Morphology Palaeontology), and it charges no APC. Here’s a illustration from one of the two articles in its first issue.

Holmes (2104:fig 12A). Synsacrum and pelvis of Chasmosaurus belli (ROM 843) in dorsal view.

Holmes (2014:fig 12A). Synsacrum and pelvis of Chasmosaurus belli (ROM 843) in dorsal view.

VAMP uses the canonical open-access licence, Creative Commons Attribution 4.0 International (CC By), which means it fulfils both the letter and the spirit of the Budapest Open Access Initiative’s definition of OA.

It’s great that we in vertebrate palaeontology can add this journal to the roster of OA journals in our field, already including Palaeontologia Electronica, Acta Palaeontologica Polonica, Palarch’s Journal of Vertebrate Paleontology, The Fossil Record and others. (Plus of course there is lots of vertebrate palaeontology in PLOS ONE and PeerJ.) I think that as a field, we are ahead of the curve in making the transition towards an all-OA literature.