Fair Use In Scientific Blogging 103
GrumpySimon writes "Recently, the well-read science blog Retrospectacle posted an article on a scientific paper that concluded that alcohol augments the antioxidant properties of fruit. The blog post reproduced a chart and a table from the original article and everything was fully attributed. When the publisher John Wiley & Sons found out, they threatened legal action unless the chart and table were removed. Understandably, this whole mess has stirred up quite a storm of protest. Many people see Retrospectacle's action as plainly falling under fair use. There is a call for a boycott of Wiley and Wiley's journals."
IANAL, but is "Lisa"? (Score:4, Insightful)
That's odd... (Score:5, Insightful)
Come to think of it, industry researchers present slides with figures like that all the time, and it's not like there's a shortage of lawyers vetting them, and a lot deeper pockets for an angry journal to go after than some blogger has...
What do the charts represent? (Score:3, Insightful)
This is why we need Open Access. (Score:5, Insightful)
Yet despite the fact that these allegations have little merit (ethical or even legal), they create a very real chilling effect that slows science and decreases the distribution of information. Add to that the fact that most of this published research is funded by tax-dollars through government grants, and it becomes positively infuriating that the very scientists who do all the work are not allowed to freely disseminate the results of that work to the people, who pay for it.
This is why we all need to support the push towards Open Access [wikipedia.org] in scientific publishing. If you are a librarian, student, postdoc, academic or industrial scientist, you should be putting pressure on journals to open their content to the people who do the work and foot the bill. For instance, consider publishing in an open access journal (see list here [doaj.org]), or at least sign the petitions (US [publicacce...search.org] or Europe [ec-petition.eu]). Also see a discussion here [earlham.edu] which lists a bunch of things (small and large) that you can do to promote open access [earlham.edu].
Standard Procedure (Score:2, Insightful)
Re-using someone else's figures can be done (and frequently is), but you have to get permission from the publisher. Of course, whether a blog counts as re-publishing is another debate entirely... this usually applies to reproducing a figure in a different journal or a book. It's not just this publisher, though, for those who are calling for a boycott; they almost all have equivalent rules on figure and table re-publication.
Re:Ridiculous (Score:5, Insightful)
Ah, I see that Wiley has followed Washington D.C.'s lead: before doing something objectionable, hire a junior staffer for blame absorption.
Unless, of course, anyone here actually believes that Wiley allows junior staffers to send out such demands without supervision. Uh huh.
On a more general note... these sorts of arguments about Fair Use are normal, healthy, and will occur regularly. Freedom and/or democracy means that there will be a great deal of public bickering. It's a Good Thing, because it means a) we aren't afraid to differ, b) we aren't afraid to talk about it, and c) we believe our countrymen are open to rational argument. A tolerance for this sort of tumult is a prerequisite to being a free society. Compare this to the fearful silence of a dictatorship.
Re:Agreed, and more so... (Score:3, Insightful)
Re:What do the charts represent? (Score:3, Insightful)
Re:Agreed, and more so... (Score:4, Insightful)
Re:Standard Procedure (Score:1, Insightful)
With attribution it isn't plagiarism. The work isn't being claimed as someone else's. It might still be copyright infringement, yes.
"Re-using someone else's figures can be done (and frequently is), but you have to get permission from the publisher."
That isn't necessarily the case. Yes, publishers will ordinarily require you to seek permission from the original publisher. This is routine practice. But I suspect that the great number of such examples probably qualify as "fair use" anyway, and the effort is therefore redundant. Publishers are being cautious, because they'd rather not be in the legal situation of having to use a "fair use" claim as a defense in a copyright infringement case, and if you are running a business, it is hard to argue with that approach. But their choice of extreme caution (get permission for everything) doesn't change where "fair use" actually is. It also doesn't mean other people have to accept the hassle of seeking permissions all the time if they think they are in the clear. Copyright does have limits.
The insidious part of this, even though they are only protecting their interests, is the way that publisher's persistently narrow interpretation of "fair use" erodes the ability to have scientific publications (or any scholarly publication) without many legal entanglements. That's one of the reasons why specific limits were placed on copyrights in the first place: to simplify and enable scholarly activity (among several other things). The stimulating effect of having copyright limits without significantly compromising the copyright holder's commercial value is seen everywhere that copyright applies. Employing an "always ask permission" doctrine obfuscates the fact that it often isn't necessary, and it simply slows down the process.
Heck, I've received stuff via interlibrary loan with the usual "warning: no further copies" boilerplate on it, warning me about the copyright that applies to the work, and that I'm only getting the copy because the relevant university library has paid a blanket license fee for copying, and if I want another copy I need to pay X dollars more. Excuse me, but the paper I requested was first published in the 1860s!!! Copyright is expired and it is public domain! So I tore off the warning. Even some librarians apparently don't understand copyright.
No, this stuff is out of hand, and publishers have tilted things much too far towards their interests while ignoring what the law actually says. It's time we take back "fair use" by actually using it. If I was this blogger, I would tell Wiley "Thank you very much for permission, but for future reference, can you please clarify whether or not you would still consider my use to fall under 'fair use' even if I had not sought or received permission from you?"
I'd really like to know the answer. Dropping it because they gave permission doesn't clarify the situation at all.