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Revolution in academia: Copyright and open access

November 29, 2015

Tags: open access, academic journals, copyright, Elsevier, work for hire

(updated 1-29-17, 3-5-16, 3-19-16)
In academia a wide-ranging discussion about open access is weakening academic journals' monopoly on profiting from publishing research findings. Different interest groups view this differently, of course. Meanwhile, as the publishing landscape changes, are academic authors, who have long abandoned claims to copyright on many of their scholarly articles (in the "public or perish" world of university faculty-making), less docile about publishing rights, with tenured faculty positions scarcer and scarcer? This round-up of relevant pieces starts with

Elsevier Mutiny: Cracks Are Widening in the Fortress of Academic Publishing (Mathew Ingram, Forbes, 11-2-15) "All six editors and the entire editorial board of the well-respected linguistics journal Lingua have resigned to protest the company’s failure to embrace open access. And the reason says a lot about the ongoing disruption taking place in the formerly sleepy world of academic publishing." See also Language of Protest (Scott Jaschik, Inside Higher Ed, 11-2-15) They "resigned to protest Elsevier's policies on pricing and its refusal to convert the journal to an open-access publication that would be free online." They reported their frustration at "libraries reporting that they could not afford to subscribe to the journal and in some cases couldn't even figure out what it would cost to subscribe.".. Professor Johan Rooryck "said Lingua and most journals publish work by professors whose salaries are paid directly or indirectly with public funds. So why, he asked, should access to such research be blocked?"
Later articles will be posted under Comments.

• Further note: The former editors of Lingua are launching a replacement journal, Glossa, which will be Open Access. See their message to Elsevier authors: Lingua Disinformation (Kai von Fintel, Language Log, 11-27-15) I "reiterate my call to the community not to work with Elsevier in propping up Zombie Lingua. Instead, get ready to support Glossa once it’s fully running in January."

What happens when you don't have open access, and researchers rail against the outrageous fees required to access articles?
Sci-Hub. Researcher illegally shares millions of science papers free online to spread knowledge (Fiona MacDonald, Science Alert, 2-12-16). Welcome to Sci-Hub, the Pirate Bay of science. "A researcher in Russia [ Alexandra Elbakyan} has made more than 48 million journal articles - almost every single peer-reviewed paper every published - freely available online. And she's now refusing to shut the site down, despite a court injunction and a lawsuit from Elsevier, one of the world's biggest publishers." Interesting dilemma and discussion.

See also this important piece in the Times: Should All Research Papers Be Free? (Kate Murphy, SundayReview, NY Times, 3-12-16), follow-up analysis to the suit against Alexandra Elbakyan but also about the scholarly journals' paywalls she denounced, in which the "largest companies, like Elsevier, Taylor & Francis, Springer and Wiley, typically have profit margins of over 30 percent, which they say is justified because they are curators of research, selecting only the most worthy papers for publication. Moreover, they orchestrate the vetting, editing and archiving of articles."

"In response to the suit filed against her, Ms. Elbakyan wrote a letter to the judge pointing out that Elsevier, like other journal publishers, pays nothing to acquire researchers’ studies. Moreover, publishers don’t pay for the volunteer peer reviewers or editors. But they charge those same researchers, reviewers and editors, not to mention the public, whose tax dollars most likely funded the study in the first place, to read the resulting articles."

“That is very different from the music or movie industry, where creators receive money from each copy sold,” Ms. Elbakyan wrote. “I would like to also mention that we never received any complaints from authors or researchers.”

Do read the whole article. And, as one journalist points out, accessing a site that has hacked journals may not be the cyber-safest thing to do.

Open Access Movement: Part 1, Differing Definitions (Rick Anderson, The Scholarly Kitchen, 1-23-17) "Not only is there wide disagreement as to what “freely available” really means, but not everyone in the OA movement even agrees that all scholarship must be freely available, or how quickly it should be made freely available, or what mechanisms are appropriate for making it that way."[He writes about varying definitions by different organizations.] "...it’s important to note that there’s a big difference between identifying different varieties of OA (such as “libre” and “gratis”) and proposing mutually incompatible definitions of OA."

The NIH Public Access Policy: A triumph of green open access? (Richard Poynder, Open and Shut? blog, 1-20-17) The Budapest Open Access Initiative (BOAI) defined open access and then outlined two strategies for achieving open access: (I) Self-archiving; (II) a new generation of open-access journals. These two strategies later became known, respectively, as green OA and gold OA. For OA purists, a research paper can only be described as open access if it has a CC BY licence attached. "Since publishing in a subscription journal requires assigning copyright (or exclusive publishing rights) to a publisher, and few (if any) subscription publishers will allow papers that are earning them subscription revenues to be made available with a CC BY licence attached, we can see the contradiction built into the open access movement."

Framing the Open Access Debate (Phil Davis, The Scholarly Kitchen, 3-2-2009). See his fuller analysis of arguments for and against open access: How the Media Frames “Open Access” (Philip M. Davis, The Journal of Electronic Publishing, Feb. 2009)

The pros and cons of Open Access (Nature). "Supporters of Open Access to scientific literature often portray it as the definitive and inevitable model for scientific publishing, but it is far from being the last word on new modes of access. In reality, stakeholders in scientific publishing are in the midst of adjusting to the revolutionary new possibilities offered by the Web and the online journal article for scholarly communication. "
"The ease by which content can be accessed has created the view that it should be free – despite that fact that everyone knows that creating and distributing content can be an expensive process. We can see the physical results of that process in a book, and understand where the cost (or at least some if it) lies – this does not happen in the same way online. However, scientific publishing is a demonstrably valuable service and one which does not come cheap, particularly in this era of electronic development. Any emerging models will have to be grounded firmly in economic reality to have any chance of success."

Directory of Open Access Journals http://www.doaj.org/

Open Access, articles about (Scholarly Kitchen). For example:
---The Dissertation Mess: Balancing Rights and Responsibilities. Question at heart of brouhaha: To what degree is it appropriate for graduate schools to require students to give up control over the dissemination of their theses and dissertations?
---CHORUS Gets a Boost from Federal Agencies – But Will New Approaches Make It Harder to Implement? CHORUS and the National Science Foundation (NSF) announced an agreement to use CHORUS for facilitating the discovery of NSF funded works. As more funders look to adopt CHORUS for providing public access to works derived from federal funds, a review of the publisher requirements for participating in CHORUS seems timely.
---Richard Fisher on The Monograph: Keep On Keepin’ On*, Part One (11-10-15) and Part 2 (11-16-15)
---Open Access at a Crossroads (10-28-15) There’s no denying the growth and increased acceptance of the concepts of open access in scholarly publishing. But the repercussions of the business models and methodologies chosen for OA are just beginning to be recognized.

The myth of 'unsustainable' Open Access journals (Jan Velterop, Nature)

Open access: six myths to put to rest (Peter Suber, Higher Education Network blog, The Guardian, 10--21-13)

Open Access Week (an annual international event promoting open access to peer-reviewed work as a new norm in research and scholarship)

The Research Works Act, open access and publisher boycotts ( Anna Sharman, Cofactor, 1-31-2012)

The Cost of Knowledge Researchers taking a stand against Elsevier, the greediest of the academic journals. Mathematician Tyler Neylon set up this page where researchers could publicly declare that they 'will not support any Elsevier journal unless they radically change how they operate.'

Copyright in Academia: How Does It Work (informative slideshare presentation by Geoffrey Pinski and Howard Tolley, University of Cincinnati).

Attack on Open Access (Eli Edwards, Fairly Used blog, Stanford, 1-6-12)

Open Access to Scholarship, Part I: A Conversation with Michelle Pearse (Mary Minow, Fairly Used blog, Stanford University, 12-30-10) Nearly two years ago, the Harvard University Faculty of Arts and Sciences unanimously voted to grant the university a non-exclusive, irrevocable, worldwide license to distribute faculty’s scholarly articles, with an opt-out mechanism for instance in the case of incompatible rights assignment to a publisher. "Pearse: We were only the second school after the Faculty of Arts and Sciences (FAS) to adopt the open access policy, so it has been interesting to watch the Office for Scholarly Communication (OSC) evolve over time. We now have 6 schools at Harvard with OA policies. The growth in the number of schools has provided a fabulous opportunity to meet with colleagues working on similar issues, to share thoughts and processes for workflow, experiences with implementing the policies, etc. … especially where scholarship has become so interdisciplinary now."

Open Access Scholarship, Part II: Eli Edwards' Interview with Richard A. Danner (1-5-11) Edwards: Nearly two years ago, a group of academic law library directors promulgated the Durham Statement on Open Access to Legal Scholarship. It called for (1) open access publication of law school-published journals, and (2) an end to print publication of law journals, coupled with a commitment to keeping the electronic versions available in ‘stable, open, digital formats.”

Copyright in Academia: How Does It Work? Faculty Ownership, Work for Hire, and Fair Use (handout for a panel in Cincinnati in Oct. 2008 hosted by American Association of University Professors)

Open Access is not about copyright abolition or author reprint royalties (Open Access Archivangelism).

Copyright Information Center (Cornell University)
~What Authors Can Do
, gear especially to academic authors, who routinely give up their copyright without a peep
~Sample Copyright Agreement
~Scholar's Copyright Addendum Engine (Science Commons). Helps you generate a PDF form you can attach to a journal publisher's copyright agreement to ensure that you retain certain rights.
~Resources from Copyright Information Center

Academic Exception (Glossary, Berkman Center for Internet and Society, Harvard). "Academic exception is the exception for teachers and academics to the general rule that employers hold copyright in the creative works produced by their employees in the course of their employment. Unlike the a work-for-hire situation, academics typically retain the copyrights in the scholarly work they produce, and may retain, sell or assign those copyrights, or dedicate them to the public domain, at their discretion." And here is that glossary's entry for Work for Hire.

Princeton goes open access to stop staff handing all copyright to journals -- unless waiver granted (Sunanda Creagh, The Conversation 9-28-11)

Open access and academic journals: the publishers respond (Sunanda Creagh, The Conversation 8-11-11)

Publishers Support Sustainable Open Access (Association of American Publishers, AAP, 2-6-12). See also, on AAP site,
FAQ--Questions About Journal Access
U.S. Publishers Endorse International Joint Statement on Open Access Debate (AAP Communications Staff, 6-8-09)
Enhanding the Debate on Open Access

• Journal Authors: Intellectual property landlords - or migrant workers? (Dan Carlinsky, ASJA). Alas, ASJA doesn't have this posted now; Dan, if you see this, I'll be glad to post it here, if you like. The title conveys the message, so I'll leave that here.

Copyright Issues in Open Access Research Journals (Esther Hoorn and Maurits van der Graaf, D-Lib Magazine 2-06). The Open Access environment has created a number of entirely new copyright models.

Copyright and research: an academic publisher's perspective (K Taylor, (2007) 4:2 SCRIPTed 233)

Copyright Ownership & the Impact on Academic Libraries (Laura N. Gasaway, 2003)

Competing Views of Intellectual “Property” (Phil Davis, The Scholarly Kitchen, 4-13, 09) Understanding the NIH public Access debate from the views of labor theory (Does it reward those for their labor), utility theory (Does it maximize public wealth), personality theory (Does it allow individuals to express themselves?), and social planning theory (Does it lead to a richer society?). " The main battle appears to pit Labor theory against Utility theory." (Draws on William Fisher's Theories of Intellectual Property, 2001).

Information as Property (Phil Davis, The Scholarly Kitchen, 4-9-2009) A discussion of what is problematic about the concept of information as property, drawing on The Public Domain: Enclosing the Commons of the Mind by James Boyle--downloadable free from Duke's Scholarly Depository.

Libraries, Users & the Problems of Authorship in the Digital Age (Laura N. Gasaway)

Balancing Copyright Concerns: The TEACH Act of 2001 (PDF, Laura N. Gasaway, Educause Review, policy@edu, Nov./Dec. 2001)

Author Rights: Using the SPARC Author Addendum to secure your rights as the author of a journal article (Scholarly Publishing and Academic Resources Coalition). Also available as a poster. See more SPARC Resources for Authors

A new twist -- securing authors' rights when negotiating content licenses (Mary Minow and Eli Edwards interview Julia Blixrud, ARL and Ivy Anderson, University of California, Fairly Used blog, Stanford, 2-1-11)

Open Access to Scholarship, Part I: A Conversation with Michelle Pearse and Part II: An Interview with Richard A. Danner

On a slightly different tangent:

An end to bad heir days: The posthumous power of the literary estate (Gordon Bowker, The Independent UK 1-6-12). "On the last day of 2011, the 70th anniversary year of his death, James Joyce's work finally passed out of copyright. It was the dawn of a new age for Joyce scholars, publishers and biographers who are now free to quote or publish him without the permission of the ferociously prohibitive Joyce estate."

Rights and Royalties Management and Licensing and problems with authors' and artists estates.
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  1. February 15, 2016 5:31 PM EST
    Copyright for Education (a blog about aspects of copyright law that affect education, primarily in the UK) reports on a Copyseek Conference for HE Copyright Practitioners, University of Leeds 8-21-14. Scroll down to paragraph starting "After lunch Laurence Bebbington (University of Aberdeen) spoke about the tension between copyright law, open access..." "Laurence was sceptical about open access, saying that it didn't sit well with copyright law as under copyright the author of a work gets to choose what they do with their work and should not be forced to do something with it by someone else."..."Gold open access is also problematic; the requirement to add a CC-BY licence to a work means that there is a loss of control of rights by the author and leaves it open to exploitation by a commercial entity. He cited the case of 'Epigenetics, Environment and Genes', a CC-BY journal article that was made into a book by Apple Academic Press and now sells for over $100 without the knowledge of the author. He left us with the suggestion that there may be ethical issues with open access that perhaps we have overlooked."
    - PM
  2. February 15, 2016 5:36 PM EST
    Open Access (PLOS's page on Open Access, with sections on The Case for Open Access, PLOS Takes a Different Approach (the Creative Commons Attribution (CC BY) license, Benefits of Open Access Research, Additional OA Resources.
    - PM
  3. April 5, 2016 9:44 PM EDT
    Netherlands: New Advisory Report Says All Publicly Financed Scholarly Publications, Data Should Be Open Access . "All publicly financed scholarly publications should be made available for free (open access), according to the Dutch Advisory Council for Science, Technology and Innovation (AWTI)." (DARE TO SHARE, 133 pages, released January 2016) You can download it.
    - PM
  4. October 6, 2017 11:27 AM EDT
    Publishers seek removal of millions of papers from ResearchGate (David Matthews, Times Higher Education,10-5-17) Academic social network accused of infringing copyright on a massive scale. ‘James Milne, a spokesman for the group of five academic publishers, which includes Elsevier, Wiley and Brill, said that the first batch of take-down notices would be sent “imminently”. “We’re not doing this in any way against the researchers, we’re doing this against ResearchGate,” he told Times Higher Education. ​The site was “clearly hosting and happily uploading material that they know they don’t have the licence or copyrights” to, and was “refusing to work with us to solve that problem”, he added.’
    - PM