Printing images as natural history data in a scholarly publication should be considered Fair Use.
The author's entire argument rests on this single sentence. And, so far as I know, it is incorrect.
[I think that by "should be" the author is really saying "is" in a flowery way: otherwise his entire article is a nonsense hypothetical rather than, as he says, something which happened in reality.]
Publication is not straightforward. For example, if I publish an article in a Springer journal, Springer owns the copyright on it. They, not I (the scholar), have published it and are making money off of it. It is my experience in publishing scholarly work that inclusion of other figures is often considered to be copyright violation and not fair use.
And let's say that he's self-published, or used some service where he owns the copyright. Even then, he can't change the license on something just because of "fair use". He is free to publish his article under Creative Commons, or license the figure, but he can't do both.
Comments
The author's entire argument rests on this single sentence. And, so far as I know, it is incorrect.
[I think that by "should be" the author is really saying "is" in a flowery way: otherwise his entire article is a nonsense hypothetical rather than, as he says, something which happened in reality.]
Why do you think it is incorrect? See [1]:
[1]: http://www.law.cornell.edu/uscode/text/17/107
Publication is not straightforward. For example, if I publish an article in a Springer journal, Springer owns the copyright on it. They, not I (the scholar), have published it and are making money off of it. It is my experience in publishing scholarly work that inclusion of other figures is often considered to be copyright violation and not fair use.
And let's say that he's self-published, or used some service where he owns the copyright. Even then, he can't change the license on something just because of "fair use". He is free to publish his article under Creative Commons, or license the figure, but he can't do both.