On John's primary question - you're right, the requirements are nonsense
with a CC-BY licence. It may be worth noting that when I've had stuff
published with Emerald I have refused to assign copyright and instead
have granted them the sort of licence that they wanted to grant to me.
They didn't quibble (although they clearly don't have workflows to
cope with this - the publication itself had their usual copyright statement
on it.)

On takedown - what an aggregator should do or is allowed to do surely
depends both on the job the aggregator is claiming to do and the
licence that applied to the work when they harvested it. If I harvest
content from your repository at a time when a CC-BY licence applies,
any change/withdrawal/whatever you do later cannot affect my right to
exploit the content according to the licence that applied at the time
I acquired it. If such a licence applied to the thesis, CORE is
within its rights to both make its harvested PDF available and indicate
that it is now embargoed at the source.

Of course, most repositories aren't clear about the licence applying
to their content (or at least weren't when I last checked.) Quite
separately from the licence issue, if an aggregator is running a service
that's meant to provide a view on current content then it will want to
react to changes in availability regardless of what licences might allow
it to do.

On 21/05/15 16:30, Catrina Hey wrote:
> Hi John
>
> Re your secondary question:
>
> We had a student who requested a retrospective thesis embargo as she wanted to
> publish, who then was concerned that it was still available online. It turned
> out it was harvested by CORE when freely available on our repository, SRO, but
> when the embargo was applied at a later date in SRO, CORE failed to restrict
> access to the PDF. It did however update the details to say it was embargoed –
> but didn’t actually embargo the PDF they had harvested.
>
> When contacted CORE said we’d have to delete the item for the update to
> register. .  I seem to recollect ETHoS had a similar issue and resolved this by
> linking to the text rather than downloading and hosting.
>
> Best regards, Catrina
>
> *From:*Repositories discussion list [mailto:[log in to unmask]]
> *On Behalf Of *John Murtagh
> *Sent:* 21 May 2015 15:49
> *To:* [log in to unmask]
> *Subject:* Non-harvesting: copyright agreement
>
> Dear all
>
> I have a two-part query on behalf of a colleague who is publishing in the
> journal Program http://www.emeraldinsight.com/loi/prog published by Emerald.
>
> The copyright agreement makes the following demand:
>
>
>
>     "I/We will not permit others to electronically gather or harvest and save to
>     a separate server my/our Work"
>
> I'm scratching my head as to how this is preventable for the following reasons:
>
> 1) content aggregation services such as Core http://core.ac.uk/ and others who
> harvest journal publications from repositories to their servers and
>
> 2) the paper will be licensed under the Creative Commons Attribution licence
> (CC-BY) which allows reuse.
>
> A secondary question of what happens when a local repository retires, takes down
> or withdraws an item - is this ever reflected in these aggregation services? An
> example I can give is a PhD thesis which has been taken down at the request of
> the student.
>
> Any views/thoughts or experiences welcome!
>
> BW
>
> John
>
> In consideration of*Emerald*agreeing to consider the above-named previously
> unpublished original Work for publication (both parties agree that such
> consideration shall be deemed sufficient), I/We, by signing this form hereby
> assign worldwide copyright of the Work in all forms and media (whether now
> known, or hereafter developed), in all languages for the full term of copyright
> and all extensions and renewals thereof.
>
> I/We understand that*Emerald*will act on my/our behalf to publish, reproduce,
> distribute and transmit the Work and will authorise other reputable third
> parties (such as document delivery services) to do the same, ensuring access to
> and maximum dissemination of the Work.
>
> Licence to Author:*Emerald*grants to Author a non-exclusive licence to use and
> reproduce in printed form all or part of the Work (after first publication by
> the Journal): as photocopies for an Author’s use for classroom teaching to be
> distributed to students free of charge, and in any literary work written or
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> Charter <http://www.emeraldinsight.com/authors/writing/charter.htm>.
>
> Authors submitting articles to*Emerald*warrant the following:
>
>   * I/We have the full power and authority to enter into and execute this
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>   * The Work is an original work which I/We have created independently. It has
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>     Please refer toEmerald’s Originality Guidelines
>     <http://www.emeraldinsight.com/authors/writing/originality.htm>
>   * The Work is not currently being considered for publication by any other
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>     review by the Journal.
>   * Subject to the use of any third party rights where consents have been
>     obtained in accordance with the paragraph below, I/We own all intellectual
>     property rights vesting in the Work.
>   * If third party material has been used in the Work, I/We have obtained the
>     necessary permission from the copyright holder/s to reproduce in the Work,
>     in all media in all countries, and transmit via all reputable third parties,
>     any such materials including tables, figures and photographs not owned by
>     me/us (Please upload any permissions documents.).
>   * The Work does not contain any unlawful statements, does not infringe any
>     existing copyright or violate any proprietary rights, rights of privacy or
>     publicity, or any other rights of any third party. “Proof of consent” has
>     been obtained for studies of named organisations and people (Please upload
>     any evidence).
>   * All authors have received a final version of the Work, take responsibility
>     for the content, agree to its publication and the order of authors listed on
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>   * Anyone who has made a significant contribution to the research and the Work
>     has been listed as an author. Minor contributors have been noted in the
>     Acknowledgements section.
>   * I/We have declared any potential conflict of interest in the research. Any
>     support from a third party has been noted in the Acknowledgements.
>   * I/We have read and adhered to the Journal author guidelines.
>   * I/We will not permit others to electronically gather or harvest and save to
>     a separate server my/our Work.
>
> I/We assert my/our moral rights to be identified as the author/s of the Work, in
> accordance with sections 77 and 78 of the Copyright, Designs and Patents Act
> 1988. I/We acknowledge that*Emerald*will ensure fair and faithful representation
> of my/our Work in all media and will take the necessary steps to protect the
> Work from unlawful copying.
>
> I/We indemnify and shall keep*Emerald*Group Publishing indemnified against any
> loss, expense, injury or damage (including any legal costs and disbursements
> paid by them to compromise or settle any claim) howsoever caused incurred
> by*Emerald*directly or indirectly as a result of a breach of the above warranties.
>
>
>
> John Murtagh
>
> Manager - LSHTM Research Online
>
> London School of Hygiene & Tropical Medicine
>
> Tel: +44 0207 958 8193
>
> E-mail: [log in to unmask] <mailto:[log in to unmask]>
>
> Web: http://www.lshtm.ac.uk/library/specialist_services/open_access/index.html
>