Not necessarily. They often do not own the copyright, so then it depends on fair use exceptions. The real owners have gone after authors, which may be the reason they don’t make their articles downloadable by default.
When you publish an academic paper, the journal/publisher makes you sign a transfer-of-copyright-thing. For example, that meant I could not publish my own papers as a part of my thesis. I had to ask the journals for permission to do that. Depending on how that transfer-agreement is formulated (and I imagine every publisher have a different one), an author giving away a paper they authored to someone on twitter or wherever may not be allowed. Only if you’d ask the publisher and get an ok.
It depends. Some publishers ask the authors to transfer copyright. Others don’t. Even for the ones that do, the pre-print still belongs to the authors.
I can easily say that every academic I know and have as friends, which is all but two people, have surely “flagrantly violated copyright law”. I have no doubt. They have even asked me for help doing it. I can also tell you that none of those have ever read one of those copyright transfers. I did, once, but I do not understand law-speak and do not remember what it said. I just know that my university had that as a policy – because of lawyers – what we had to do to redistribute our articles. That is also why I had a “may not” in my comment and could only refer to anecdotes, because, surprise, I do not understand the exact details about this. But you know this, because that was in my comment.
Not generally. There may be fair use exceptions allowing the sharing in some situations (depending on jurisdiction) or the publisher/owner may allow it as part of the licensing contract. But I don’t know in what jurisdiction/under what contract, it would be legal to copy something just because some random person asked.
Even if not legally, then morally… At least, in my opinion. We’re talking about the creator giving their stuff to somebody else, and this isn’t some exceptional case like sharing state secrets or something.
Well, opinions on morality… I think the whole artificial paywalling should be abolished as being against the public interest. A large faction here seems to take a very right-wing view on property, including copyrights, and will always side with owner.
How would you turn your moral intuition into a general law?
Unfortunately, I don’t have any good answers, at least not without some major system overhauls first… It seems intuitive to me that the person or people behind a project, the actual creative forces, should have more say over making something more accessible rather than less, that corporations should have less say than individual authors, including the ones those corporations supposedly represent.
Some of that doesn’t even involve tweaking current laws. Some of it just requires enforcing them. Like the case of Disney screwing over Alan Dean Foster.
Tricky intuition. It would mean that authors could not transfer all rights. In that sense, it would limit what they can do with their output. Depending on how far you want to take this, it might not matter or it might not matter a lot. EG how much would you pay for the rights to an ebook if the author can always go and create a legal torrent?
Do you really think it should matter if the new owner is an individual or a corporation? If you only limit corporations, then the rights will simply be transferred to individuals.
Not necessarily. They often do not own the copyright, so then it depends on fair use exceptions. The real owners have gone after authors, which may be the reason they don’t make their articles downloadable by default.
The asking makes it legal if I recall correctly.
They can’t host a site with all their articles/papers/research, but if anyone asks for a single copy, they can provide it at their discretion.
And since they don’t make any money either way, most provide it and are happy to do so.
You mean asking the publisher?
When you publish an academic paper, the journal/publisher makes you sign a transfer-of-copyright-thing. For example, that meant I could not publish my own papers as a part of my thesis. I had to ask the journals for permission to do that. Depending on how that transfer-agreement is formulated (and I imagine every publisher have a different one), an author giving away a paper they authored to someone on twitter or wherever may not be allowed. Only if you’d ask the publisher and get an ok.
It depends. Some publishers ask the authors to transfer copyright. Others don’t. Even for the ones that do, the pre-print still belongs to the authors.
What’s more likely?
You don’t understand the exact details of this?
Or a metric shit ton of published academics are flagrantly violating copyright law and openly encouraging people to do it?
I can easily say that every academic I know and have as friends, which is all but two people, have surely “flagrantly violated copyright law”. I have no doubt. They have even asked me for help doing it. I can also tell you that none of those have ever read one of those copyright transfers. I did, once, but I do not understand law-speak and do not remember what it said. I just know that my university had that as a policy – because of lawyers – what we had to do to redistribute our articles. That is also why I had a “may not” in my comment and could only refer to anecdotes, because, surprise, I do not understand the exact details about this. But you know this, because that was in my comment.
Not generally. There may be fair use exceptions allowing the sharing in some situations (depending on jurisdiction) or the publisher/owner may allow it as part of the licensing contract. But I don’t know in what jurisdiction/under what contract, it would be legal to copy something just because some random person asked.
Even if not legally, then morally… At least, in my opinion. We’re talking about the creator giving their stuff to somebody else, and this isn’t some exceptional case like sharing state secrets or something.
Well, opinions on morality… I think the whole artificial paywalling should be abolished as being against the public interest. A large faction here seems to take a very right-wing view on property, including copyrights, and will always side with owner.
How would you turn your moral intuition into a general law?
Unfortunately, I don’t have any good answers, at least not without some major system overhauls first… It seems intuitive to me that the person or people behind a project, the actual creative forces, should have more say over making something more accessible rather than less, that corporations should have less say than individual authors, including the ones those corporations supposedly represent.
Some of that doesn’t even involve tweaking current laws. Some of it just requires enforcing them. Like the case of Disney screwing over Alan Dean Foster.
Tricky intuition. It would mean that authors could not transfer all rights. In that sense, it would limit what they can do with their output. Depending on how far you want to take this, it might not matter or it might not matter a lot. EG how much would you pay for the rights to an ebook if the author can always go and create a legal torrent?
Do you really think it should matter if the new owner is an individual or a corporation? If you only limit corporations, then the rights will simply be transferred to individuals.