Comments on: A social networking site is not an open access repository http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/ University of California Fri, 16 Dec 2016 18:31:00 +0000 hourly 1 https://wordpress.org/?v=4.9.1 By: Katie Fortney http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/#comment-54098 Fri, 16 Dec 2016 18:31:00 +0000 http://osc.universityofcalifornia.edu/?p=2160#comment-54098 Good question, Jesus.
They’ve changed their Terms of Use slightly since we wrote that post. You can see the old version on the Internet Archive’s Wayback Machine: https://web.archive.org/web/20151115163047/http://www.academia.edu/terms

It used to read, in the section “License Granted by Member”
By making Member Content available through the Site or Services, you hereby grant to Academia.edu a worldwide, non-exclusive, transferable, sublicenseable, perpetual, royalty-free license to reproduce, modify for formatting purposes, prepare derivative works based upon, publicly display, publicly perform, distribute, and otherwise use your Member Content in connection with operating and providing the Services and Content to you and to other Members.

The new version of that sentence says
By making any Member Content available through the Site or Services, you hereby grant to Academia.edu a worldwide, revocable, non-exclusive, transferable license to exercise any and all rights under copyright, in
any medium, and to authorize others to do the same, in connection with operating and providing the Services and Content to you and to other Members, provided that the Member Content is not sold for a profit.

So it doesn’t explicitly call out derivative works. But since “any and all rights under copyright” under US law includes the right to create derivative works (see Section 106 of the copyright code at https://www.copyright.gov/title17/92chap1.html#106), they still have that right. The limitation on not selling Member Content is new, and I’m glad to see that added.

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By: Jesus Alonso-Regalado http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/#comment-54097 Fri, 16 Dec 2016 17:58:00 +0000 http://osc.universityofcalifornia.edu/?p=2160#comment-54097 I just read your great post titled “a social networking site is not an open
access repository” At some point in this post, you mention that the terms of use of academia.edu give this company a license to make derivative works based on articles users upload to the site. I just could not find this information here https://www.academia.edu/terms

I’d appreciate if you could let me know where you found it. Thanks!

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By: J. Albert Bowden II http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/#comment-54088 Fri, 29 Jan 2016 14:22:00 +0000 http://osc.universityofcalifornia.edu/?p=2160#comment-54088 understand your point, but GitHub breaks the mold of the headline. You can use it for anything you want, and it falls under the social networking moniker.

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By: David Crotty http://osc.universityofcalifornia.edu/2015/12/a-social-networking-site-is-not-an-open-access-repository/#comment-54086 Tue, 08 Dec 2015 00:16:00 +0000 http://osc.universityofcalifornia.edu/?p=2160#comment-54086 One thing perhaps worth mentioning is that some publishers have very different policies regarding reuse of articles, encouraging reuse in institutional and subject repositories, but specifically forbidding reuse on for-profit commercial repositories. One example is Elsevier:nhttps://www.elsevier.com/connect/elsevier-updates-its-policies-perspectives-and-services-on-article-sharingnAccording to their policy, non-commercial repositories can host the full text of the Authors Manuscript version of articles, but commercial hosts cannot do so unless they have signed an agreement with Elsevier (and to my knowledge, neither ResearchGate or Academia.edu has done so).nnSo where such policies are in place, researchers may be in danger of violating these terms of service when they post an article on a commercial site, but no such problem exists for institutional repositories.

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