open access & author rights: growing momentum for change ellen finnie duranceau scholarly...
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Open Access & Author Rights:Growing Momentum for Change
Ellen Finnie Duranceau
Scholarly Publishing & Licensing Consultant MIT Libraries
ACRL NE SC SIG July 23, 2009
A Call To Action
Past norms and practical requirements for dissemination have led to practices of transferring control of access to and use of faculty work outside the academy, limiting the university’s and faculty members’ ability to ensure broad dissemination and wide use. Where the academy has relinquished the ability to manage its intellectual capital to best serve its needs and priorities, it should act to regain this capability.
--The University’s Role in the Dissemination of Research and Scholarship — A Call to Action, Feb. 2009 --AAU, CNI, NASULGC, ARL
Is this what I’m going to be doing for the rest of my life? Asking publishers for permission to reuse my own work?--MIT Graduate Student, 2/18/09
Copyright Management Service Demand at MIT 2008 (of those aware of service)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Ugrad Grad Faculty PostDoc Research Overall
essential
very important
somewhat important
not important
What’s Wrong with the Current System?
• The Internet facilitates wide dissemination at low cost– Wide dissemination of knowledge furthers our
mission to promote scholarship
• But publisher business models built on restricted access– Prohibit flexible reuse, including reuse of an
author’s own work– Are manifested in restrictive terms in
contracts with university libraries
“The system has gotten out of balance,” “Journal business models are going to have to stop focusing so much on … this monopoly on the right of distribution, and instead focus on the places where they do provide value.”
“What we’re really talking about here is control of the scholarly record.”
--Prof. Hal AbelsonDigits, a Wall Street Journal blog
Copyright is a stronger point of control in the digital environment
• Contracts restrict access
• “Rent” vs. “Own” Model
• Performing Advanced Indexing, Analysis Prohibited
Typical Publisher Copyright Agreements Control
Whether Author:
• May use articles in teaching
• May reuse the text, charts or figures in future work
• May distribute copies of the article to others
• May post a copy of the article
Copyright Transfer
COPYRIGHT
is a bundle of 5 rights:
• Right to Reproduce
the work
• Right to Prepare
Derivative Works
• Right to Distribute
the work
• Right to Display
the work Publicly
• Right to Perform
the work Publicly
Transferring Copyright / Retaining Copyright
• Two typical scenarios:• Agreement transfers copyright to publisher
• Publisher grants back some rights
• Agreement allows author to retain copyright • Exclusive right granted to publisher but for specified for type
or timing of publication• License to publish
• Coauthors: – Each co-author in a jointly written article owns the
copyright. Under U.S. copyright law, any co-author has the right to grant permission to others.
Example of Publisher Agreement Restrictions
Wiley’s Author Agreement:• SHARING ON WEB:
– Author may post author's accepted version on personal website, but not an institutional or subject website/server, like DSpace or arXiv.
• REUSE IN PUBLICATIONS: – For publication, author may reuse only selected
figures and tables and up to 250 words of text - not to include the abstract - in another work, and only if it is part of an edited work published by a third party.
Faculty Comments: Copyright Transfer Agreements
• “We are woefully uninformed…who can we ask about copyright agreements?” - History faculty
• “What is that thing I sign without thinking about it when I finally get the referees to agree that my work is worthy of their precious journal? Don't tell me I need to learn about copyright law now, I have enough trouble with non-linear MHD theory!” – Physics researcher
• We are “not comfortable” “granting exclusive rights to our work.” -- Math faculty
Exercise: Author Copyright Agreements
• Evaluate publisher agreement
• Determine whether you would sign as is
• If not, what would you change
• Read the actual agreement
• Sherpa can provide interpretation/other info:– http://www.sherpa.ac.uk/romeo/
Exercise: Author Copyright Agreements
• Elsevier: – Policy:
http://www.elsevier.com/wps/find/authorsview.authors/copyright
– Agreement: http://www.elsevier.com/framework_authors/pdfs/JPA_example.pdf
• ALA: – http://www.ala.org/ala/aboutala/offices/publishing/sundry/
rightspermissions/divisioncopyright.cfm
• American Chemical Society:– http://pubs.acs.org/userimages/ContentEditor/1218205118705/
interactive_copyright.pdf
How to Retain Rights
• Make changes on agreement
• Use authors’ addenda:– Science Commons amendment
generator
Beyond Individual Negotiation
To move to a better system, we need processes through which faculty can play a role as a collective body, not just as individuals. --MIT faculty
MIT Faculty Open Access Publishing Committee: Fall 2008 --
Charge
• Appointed by Faculty Chair
• Consider ways that MIT faculty scholarly publications are disseminated
• Pay particular attention to open access
• Stimulate faculty discussions
• If change seems appropriate, bring faculty resolution in the spring
Major Open Access Initiatives: MIT
• How MIT Faculty told the story– The traditional scholarly publication
environment is increasingly problematic• For universities• For many faculty
– MIT faculty should increase open access to our publications
– We need a process where faculty can act as a body, not just as individuals.
MIT Faculty Open Access Policy
• Adopted by unanimous vote of the faculty – March 18, 2009
• “Each Faculty member grants to the Massachusetts Institute of Technology nonexclusive permission to make available his or her scholarly articles and to exercise the copyright in those articles for the purpose of open dissemination.”
[emphasis added]
See: http://info-libraries.mit.edu/scholarly/faculty-and-researchers/mit-faculty-open-access-policy/
What is the Policy? License Grant to MIT
• Grants MIT nonexclusive permission to exercise all rights under copyright– Provided articles not sold for a profit
• Copyright is not transferred
• Exists prior to any publisher copyright agreement
Scope of the Policy
• Only scholarly articles – Completed after the policy was adopted – Author’s final version
• Only faculty authors
• Opt outs accepted automatically– On a per-paper basis
Implementation
• Policy implementation: FCLS
• Administering Policy: Libraries
• 2 approaches for content recruitment:– Outreach to departments, labs & centers– Publisher negotiations
AcknowledgementsFlickr photos:• Princeton University
by Yakinodi• Under Lock and Key
by Pulpolux !!!• Harvard University, Cambridge
By somebody_Other Resources:• The University’s Role in the Dissemination of
Research and Scholarship — A Call to Action:http://www.arl.org/bm~doc/disseminating-research-feb09.pdf