We are creating an OA publishing platform and offer to internal staff, academics and students, and we have received some interest from pre-existing journals . We are unsure on whether content can be migrated from their web domain, which is licenced cc-by-nc-nd onto our new platform as part of the journals past records, before creating a brand identity and journal page on the platform.
Hi Emily, thank you for your question. If I understand well, your platform will be non-commercial, right ? So there is on infringement of the license from this side, normally. Then, does it mean that you are concerned that the migration of content could be considered as a for of derivation, breaking the ND clause ?
Thank you. Yes we will be non-commercial, hopefully diamond OA but we are considering best approaches to funding here. DIAMAS resources are very helpful. That would be a concern that the migration of content would be a form of derivation. Do you know any more about how we could alleviate this issue?
For me, derivation is more than just migrating content. Derivation implies transforming the form of it : like translation, from text to audio, making a drama out of novel. Etc. Of course, I am not a lawyer (and anyone with a legal background is invited to help here), but let’s continue exploring : does the migration imply change of formatting, such as pdf to html or vice-versa ?