Texas Digital Library Hosts Second E-Journal

The Texas Digital Library is hosting the Journal of Virtual Worlds Research. The first issue is now available.

Articles in the Journal of Virtual Worlds Research are freely available in the PDF format, and they are under a Creative Commons Attribution-No Derivative Works 3.0 United States License.

The journal is edited by Jeremiah Spence, a doctoral student at the University of Texas at Austin's College of Communication.

The Texas Digital Library also hosts the Journal of Digital Information. Articles in the Journal of Digital Information are freely available in the PDF or HTML formats, and authors retain the copyright to them. Supported by the Texas A&M University Libraries, it is edited by Cliff McKnight, Professor of Information Studies at Loughborough University, and Scott Phillips, Research and Development Coordinator at the Texas A&M University Libraries' Digital Initiatives department.

APA Backs Off $2,500-per-Article PubMed Central Deposit Fee

The American Psychological Association is reconsidering its previously announced $2,500-per-article PubMed Central deposit fee. (See the updated Open Access News "APA Will Charge Authors for Green OA" posting.")

Here's an excerpt from the APA's just revised "Document Deposit Policy and Procedures for APA Journals":

A new document deposit policy of the American Psychological Association (APA) requiring a publication fee to deposit manuscripts in PubMed Central based on research funded by the National Institutes of Health (NIH) is currently being re-examined and will not be implemented at this time. . . . APA will soon be releasing more detailed information about the complex issues involved in the implementation of the new NIH Public Access Policy.

Open Access Directory Releases OA Journal Business Models

The Open Access Directory has released a new Wiki page on OA Journal Business Models.

The page currently discusses 11 models, often providing helpful examples:

  1. Added-value products
  2. Advertising
  3. Endowments
  4. Hybrid OA journals
  5. Institutional subsidies
  6. Membership dues
  7. Non-OA publications
  8. Publication fees
  9. Reprints
  10. Submission fees
  11. Volunteer effort

APA's NIH Deposit Policy: APA Will Bill Author's Institution $2,500-per-Article Fee

The American Psychological Association's "Document Deposit Policy and Procedures for APA Journals" outlines its policies and procedures regarding the requirements of the NIH Public Access Policy. It indicates that authors are not to deposit accepted articles in PubMed Central. Rather, the APA will do so, billing the author's institution a $2,500-per-article fee. Upon acceptance, the APA will deposit the author's Word file "with all changes based on peer-review editorial feedback and found acceptable by the editor." The APA will retain the article copyright, and authors are not allowed to deposit the final peer-reviewed manuscript in any other repository. A deposit form must be submitted for each article.

This policy also addresses Wellcome Trust deposit procedures and fees.

Greater Western Library Alliance Joins SCOAP3 for 18 Members

The Greater Western Library Alliance has joined the Sponsoring Consortium for Open Access Publishing in Particle Physics (SCOAP3) for 18 of its member research libraries.

Here's an excerpt from the About SCOAP3 page:

To address this situation for HEP and, as an experiment, Science at large, a new model for OA publishing has emerged: SCOAP3 (Sponsoring Consortium for Open Access Publishing in Particle Physics). In this model, HEP funding agencies and libraries, which today purchase journal subscriptions to implicitly support the peer-review service, federate to explicitly cover its cost, while publishers make the electronic versions of their journals free to read. Authors are not directly charged to publish their articles OA. . . .

Each SCOAP3 partner will finance its contribution by canceling journal subscriptions. Each country will contribute according to its share of HEP publishing. The transition to OA will be facilitated by the fact that the large majority of HEP articles are published in just six peer-reviewed journals. Of course, the SCOAP3 model is open to any, present or future, high-quality HEP journal aiming at a dynamic market with healthy competition and broader choice.

Nature's Article on the Public Library of Science: A "Hatchet-Job"?

On July 2nd, Nature published "PLoS Stays Afloat with Bulk Publishing," which asserts in its first sentence that PLoS is "relying on bulk, cheap publishing of lower quality papers to subsidize its handful of high-quality flagship journals."

Needless to say, there was swift reaction to the article. Bora Zivkovic, PLoS ONE Online Community Manager, called it a "hatchet-job article" and gathered comments about the article from the blogosphere in his "On the Nature of PLoS. . . ." posting. At the article itself (which is restricted access), readers, PLoS editors, and Nature staff have made a number of comments.

The article makes several main points: (1) 2007 expenditures of $6.68 million were significantly greater than the $2.86 million revenue for that year; (2) PLoS has "four lower-cost journals that are run by volunteer academic editorial teams rather than in-house staff" with author fees ($2,100) nearly as high as for PLoS Biology and PLoS Medicine ($2,750); (3) half of PLoS' revenue in 2007 is estimated to have come from PLoS One, which the article says has "a system of 'light' peer-review" because "referees only check for serious methodological flaws, and not the importance of the result"; (4) PLoS One publishes a relatively high volume of papers (1,230 articles in 2007), and it has a relatively low author fee ($1,250; the current fee is $1300); and (5) PLoS has been sustained by $17.3 million in grants since 2002. The article does include several quotes from Peter Jerram, Chief Executive Officer of PLoS, including one in which he says that it is "is on track to be self-sustaining within two years."

In toto, the Nature article seems to suggest that PLoS has intentionally developed an open access journal publishing system that subsidizes a few selective high-quality journals by publishing many more papers in low-quality journals and that relies so heavily on grants it is unclear whether it will collapse without them. Since it contributes so much to the bottom line and publishes so many papers, PLoS One is the poster child for this strategy.

PLoS describes the PLoS One editorial procedures in PLoS ONE Guidelines for Authors. It notes that:

The peer review of each article concentrates on objective and technical concerns to determine whether the research has been sufficiently well conceived, well executed, and well described to justify inclusion in the scientific record. Then, after publication, all papers are opened up for interactive discussions and assessment in which the whole scientific community can be involved.

Unlike many journals which attempt to use the peer review process to determine whether or not an article reaches the level of 'importance' required by a given journal, PLoS ONE uses peer review to determine whether a paper is technically sound and worthy of inclusion in the published scientific record. Once the work is published in PLoS ONE, the broader community is then able to discuss and evaluate the significance of the article.

What the Nature article misses is that the scholarly evaluation of PLoS ONE articles does not end with the initial screening review for compliance with the stated Criteria for Publication. Rather, it begins there. PLoS ONE is using a radically different model of peer review than traditional journals. Whether it is a success or failure is not primarily determined by how many articles it publishes, but by the effectiveness of its post-publication review system in assessing the value of those papers.

If PLoS can reduce costs in what the article terms its "second-tier community journals" by using larger academic editorial staffs, there does not appear to be anything intrinsically wrong with that. To the contrary. The issue is not the editorial strategy, rather it's whether the author fees are unjustifiably high in relation to journal costs and whether the excess profit is being siphoned off to support other publications. Although comparative author fee data is given in the article, there is not enough economic evidence presented in the article to make any informed judgment on the matter.

Regarding grant support, I presume that Jerram understands the issue better than outsiders, and, if he believes that PLos can become self-sustaining in a few years, then there is no reason to doubt it, barring unforeseen circumstances.

Elsevier Says Its 2009 Journal Price Increases Average Six Percent or Less

Elsevier has made public a letter to librarians stating that it is targeting "a global average list price increase of not more than six percent" for its journals in 2009. It notes that "the 2008 average list price increase across all STM publishers was 8.70% in Europe and 10.10% in the U.S."

Elsevier is taking author publication fees into account for pricing a subset of its journals: "For individual journals, we are realigning prices to reflect a number of factors, including differences in the number of articles made available, quality, and usage, as well as new factors such as Sponsored Articles." (The Sponsored Articles program allows authors publishing articles in over 40 journals to pay a $3,000 fee to make them open access.)

The letter also states that there were over 386 million articles downloaded from ScienceDirect in 2007, with over 460 million downloaded articles being anticipated in 2008.

Association of College and Research Libraries Sends a Letter of Support to SCOAP3

The Association of College and Research Libraries has sent a letter of support to SCOAP3.

Here's an excerpt:

On behalf of the Association of College and Research Libraries (ACRL), a division of the American Library Association (ALA) representing over 13,000 academic and research librarians and interested individuals, I am writing to express interest and support for SCOAP3, the Sponsoring Consortium for Open Access Publishing in Particle Physics’ effort to facilitate open access publishing in High Energy Physics (HEP). . . .

ACRL believes that SCOAP3 is a valuable addition to the heterogeneous mix of strategies being undertaken by scholars, publishers, libraries, and others to ensure the future of high-quality journals. SCOAP3 is unique in its explicit goals to unite researchers and libraries and to partner with publishers so that aggregated financial contributions will support HEP publishing, make the results available at no cost to any reader any where, and serve as a potential model to other disciplines.

Therefore ACRL encourages its members to consider joining the SCOAP3 effort when appropriate, e.g. through an institutional or consortial "expression of interest" (as outlined at http://www.scoap3.org/), providing education and outreach about SCOAP3 to their faculty, library staff and administrators, and finding other ways to analyze and support SCOAP3 where possible.

2007 Impact Factors for PLoS Journals Released

The Public Library of Science has reported the 2007 impact factors for its journals as calculated by Thomson Reuters:

  • PLoS Biology: 13.5
  • PLoS Medicine: 12.6
  • PLoS Computational Biology: 6.2
  • PLoS Genetics: 8.7
  • PLoS Pathogens: 9.3

Here's an excerpt from the press release:

As we and others have frequently pointed out, impact factors should be interpreted with caution and only as one of a number of measures which provide insight into a journal’s, or rather its articles’, impact. Nevertheless, the 2007 figures for PLoS Biology and PLoS Medicine are consistent with the many other indicators (e.g. submission volume, web statistics, reader and community feedback) that these journals are firmly established as top-flight open-access general interest journals in the life and health sciences respectively.

The increases in the impact factors for the discipline-based, community-run PLoS journals also tally with indicators that these journals are going from strength to strength. For example, submissions to PLoS Computational Biology, PLoS Genetics and PLoS Pathogens have almost doubled over the past year—each journal now routinely receives 80-120 submissions per month of which around 20-25 are published. . . .

Although Thomson is yet to index our two youngest journals, other indexing databases are. The subscription-only Scopus citation index (owned by Elsevier and, incidentally, including many more journals than Thomson’s offering) is already covering PLoS ONE (though so far, only as far back as June 2007). But authors don’t need to rely on subscription-only indexes such as those owned by Thomson and Elsevier, and can instead use the freely-available Google Scholar. Using Google Scholar, for example, one can find that the article by Neal Fahlgren and coauthors, about the cataloguing of an important class of RNA in plants and one of the most highly cited PLoS ONE articles so far has been cited 42 times—strong evidence that good research, even if published in a new journal, will rapidly find its place in the scientific record when it’s made freely available to all.

Citation Statistics Report Released

The International Mathematical Union in cooperation with the International Council of Industrial and Applied Mathematics and the Institute of Mathematical Statistics have released Citation Statistics.

Here's an excerpt from the Executive Summary:

This is a report about the use and misuse of citation data in the assessment of scientific research. The idea that research assessment must be done using "simple and objective" methods is increasingly prevalent today. The "simple and objective" methods are broadly interpreted as bibliometrics, that is, citation data and the statistics derived from them. There is a belief that citation statistics are inherently more accurate because they substitute simple numbers for complex judgments, and hence overcome the possible subjectivity of peer review. But this belief is unfounded.

  • Relying on statistics is not more accurate when the statistics are improperly used. Indeed, statistics can mislead when they are misapplied or misunderstood. Much of modern bibliometrics seems to rely on experience and intuition about the interpretation and validity of citation statistics.
  • While numbers appear to be "objective", their objectivity can be illusory. The meaning of a citation can be even more subjective than peer review. Because this subjectivity is less obvious for citations, those who use citation data are less likely to understand their limitations.
  • The sole reliance on citation data provides at best an incomplete and often shallow understanding of research—an understanding that is valid only when reinforced by other judgments. Numbers are not inherently superior to sound judgments

JISC Becomes SCOAP3 Partner

JISC has become a SCOAP3 partner, pledging to redirect funds from member UK institutions now used for high-energy physics journals to the project.

Here's an excerpt from the announcement:

With JISC, SCOAP3 now counts partners from 14 countries in Europe and Oceania, as well as an international organisation and a number of institutes in the United States. In total, these partners have pledged 37.4% of the SCOAP3 budget envelope, corresponding to 3.7 million Euros (5.8 million $).

Digital Preservation of E-Journals in 2008: Urgent Action Revisited Released

Portico and Ithaka have released Digital Preservation of E-Journals in 2008: Urgent Action Revisited.

Here's an excerpt from the announcement:

In September 2005, library directors from 17 universities and colleges met to discuss the current state of electronic journal preservation and endorsed a statement calling for “Urgent Action” to preserve scholarly e-journals. Over two years later in January 2008, in the Portico and Ithaka invited 1,371 library directors of four-year colleges and universities in the United States to respond to a survey examining current perspectives on preservation of e-journals. A strong response has yielded interesting findings that we now share with the community in the hope they will spark useful discussion among library directors, funders, and administrators regarding strategic library priorities.

The survey finds that a large majority of library directors across the spectrum strongly agree or agree that the potential loss of e-journals is unacceptable, and a significant majority believe their own institution has a responsibility to take action to prevent an intolerable loss of the scholarly record. Most larger libraries responding now support one or more e-journal preservation initiatives; however, the majority of respondents from smaller libraries have yet to support any preservation effort and secure permanent access to e-journals for their institutions. The survey shows that this majority is significantly uncertain about their options for e-journal preservation and how urgent is the need to act.

Sustainability and Revenue Models for Online Academic Resources: An Ithaka Report Released

The Strategic Content Alliance has released Sustainability and Revenue Models for Online Academic Resources: An Ithaka Report.

Here's an excerpt from the announcement:

This paper was commissioned by the Joint Information Systems Committee (JISC) is the first step in a three-stage process aimed at gaining a more systematic understanding of the mechanisms for pursuing sustainability in not-for-profit projects. It focuses on what we call 'online academic resources' (OARs), which are projects whose primary aim is to make content and scholarly discourse available on the web for research, collaboration, and teaching. This includes scholarly journals and monographs as well as a vast array of new formats that are emerging to disseminate scholarship, such as preprint servers and wikis. It also includes digital collections of primary source materials, datasets, and audio-visual materials that universities, libraries, museums, archives and other cultural and educational institutions are putting online.

This work is being done as part of the planning work for the Strategic Content Alliance (SCA), so it emphasises the development and maintenance of digital content useful in the networked world. In this first stage, we have conducted an initial assessment of the relevant literature focused on not-for-profit sustainability, and have compared the processes pursued in the not-for-profit and education sectors with those pursued by commercial organisations, specifically in the newspaper industry. The primary goal of this initial report is to determine to what extent it would make sense to conduct a more in-depth study of the issues surrounding sustainability.

Further Coverage about and Commentary on the Georgia State Digital Copyright Lawsuit

Here's a selection of recent news articles and Weblog postings about the Georgia State copyright infringement lawsuit. See my prior postings for further information about the suit ("Georgia State Copyright Infringement Suit Coverage and Commentary" and "Georgia State Sued by Three Publishers for Alleged Digital Copyright Infringement in E-Reserves, Course Management, and Other Systems").

"Academic Publishers Sue US Uni over Digital Course Material"

It is an estimate that electronic course packs now constitute half of all syllabus reading at American colleges and universities. . . . Cambridge University Press, for example charges 17 cents a page for each student for electronic use, and generally grants permission for use of as much as 20 percent of a book.

"Copyright Suit Tests How Much Is Too Much"

Indeed, the complaint notes that the three plaintiffs have published more than 100 books and monographs authored by GSU professors. That GSU is a nonprofit institution shouldn't have any bearing on how much unauthorized copying it can do, Smith [Frank Smith, Cambridge University Press] says.

"We're a nonprofit," he points out. "I assume they wouldn't want their classes flooded with students who weren't paying tuition, but you could say there's no extra cost to filling another desk. I'm sure they would resist that, and I could see why."

"Publishers vs Academics"

The educational area is one where courts have traditionally afforded a greater degree of leeway in fair use and even the plaintiff's lawyer has to admit that he can't find a law or binding precedent stating how much digital copying would be "not too much." It seems likely that if the case ever makes it as far as a decision that decision would be appealed. My personal opinion is that they'll work out a settlement before it gets that far—neither side wants to see a precedent set that would go against them. Plus there's a core reality that academic publishers and educational institutions exist in a kind of death-grip dependency that would harm both if it was violently broken.

"Publishing Group Hires Qorvis for Lawsuit Messaging"

The Association of American Publishers hired Qorvis to handle messaging for three academic publishers' copyright lawsuit against Georgia State University.

"Suing Georgia"

So, . . . what's left if you really, really, really believe that educators ought to be able to use whatever they need to and want to use in their classrooms without worrying about what it costs or whether it's fair use?

Consumer resistance, or OA.

"Temperance Is a Virtue"

If that case every reaches the stage of arguing the fair use defense, I hope the court will look very hard at the second fair use factor—the nature of the copyrighted work. Previously, the action on this factor has been minimal and has largely focused on published versus unpublished works and how much originality is necessary for "thick" or "thin" protection. But the economics of a particular segment of publishing, especially one as dysfunctional as scholarly publishing, ought to be considered when analyzing fair use, and factor two is a good place to do that. If the system is structured in a way that undermines the whole incentive purpose of copyright, as I have argued the scholarly publishing is, factor two, which really focuses on the expectations of creators of different types of works, should strongly favor an expansive application of fair use.

"What Does the Lawsuit against Georgia State Mean?"

There are a number of possible outcomes in this case. Settlement is possible. The complaint itself is somewhat vague in its details; while specific examples are provided for some of the allegedly infringing uses, the publishers provide no specific details or examples of professors linking to course material from their open web pages, or any information about specifically infringing behaviors within the course management system. Although it claims the copying is in excess of what is permitted as fair use, the publishers do not offer a specific discussion of what it considers to be the bounds of fair use, nor does it adequately define course packs, nor offer any interpretation of the cited cases against copy shops, other than to broadly claim that they act as guiding precedence.

Interview with Microsoft's Pablo Fernicola about Article Authoring Add-in for Microsoft Office Word 2007

Jon Udell has posted an interview ("Word for Scientific Publishing") with Pablo Fernicola, a Microsoft Group Manager, about the Article Authoring Add-in for Microsoft Office Word 2007 (see my prior posting "Microsoft Developing Authoring Add-in for Microsoft Office Word 2007 with NLM DTD Support"). (Warning: there is a very annoying Silverlight download pop-up that obscures part of the post.)

Udell has also posted a screencast of Fernicola demonstrating the add-in ("Pablo Fernicola Demonstrates the Word Add-In for Scientific Authors").

Open Access to High-Energy Physics Journals: Greater Western Library Alliance Expresses Interest in SCOAP3 Project

The Greater Western Library Alliance, a consortium of 31 research libraries, has expressed interest in the SCOAP3 project. The Greater Western Library Alliance joins a growing list of U.S. institutions interested in the SCOAP3 project.

Here's an excerpt from Towards Open Access Publishing in High Energy Physics: Executive Summary of the Report of the SCOAP3 Working Party that explains the project:

The proposed [SCOAP3] initiative aims to convert high-quality HEP journals to OA, pursuing two goals:

  • to provide open and unrestricted access to all HEP research literature in its final, peer-reviewed form;
  • to contain the overall cost of journal publishing by increasing competition while assuring sustainability.

In this new model, the publishers’ subscription income from multiple institutions is replaced by income from a single financial partner, the "Sponsoring Consortium for Open Access Publishing in Particle Physics" (SCOAP3). SCOAP3 is a global network of HEP funding agencies, research laboratories, and libraries. Each SCOAP3 partner will recover its contribution from the cancellation of its current journal subscriptions. This model avoids the obvious disadvantage of OA models in which authors are directly charged for the OA publication of their articles. . . .

In practice, the OA transition will be facilitated by the fact that the large majority of HEP articles are published in just six peer-reviewed journals from four publishers. Five of those six journals carry a majority of HEP content. These are Physical Review D (published by the American Physical Society), Physics Letters B and Nuclear Physics B (Elsevier), Journal of High Energy Physics (SISSA/IOP) and the European Physical Journal C (Springer). The aim of the SCOAP3 model is to assist publishers to convert these "core" HEP journals entirely to OA and it is expected that the vast majority of the SCOAP3 budget will be spent to achieve this target. The sixth journal, Physical Review Letters (American Physical Society), is a "broadband" journal that carries only a small fraction (10%) of HEP content; it is the aim of SCOAP3 to sponsor the conversion to OA of this journal fraction. The same approach can be extended to another "broadband" journal popular with HEP instrumentation articles: Nuclear Instruments and Methods in Physics Research A (Elsevier) with about 25% HEP content.

Georgia State Copyright Infringement Suit Coverage and Commentary

Here's a selection of news articles and Weblog postings about the Georgia State copyright infringement lawsuit.

"Coursepack Sharing: An Idea Whose Time Has Come?": John Mark Ockerbloom, who maintains The Online Books Page, looks at the suit from an open access point of view. He says:

But in a world that's brought us global content sharing systems like Flickr, CiteULike, and PubMedCentral, it's not that much of a stretch to imagine systems that would let instructors provide and share open access course readings more readily. A well-designed, browsable and searchable repository of such readings could provide a convenient way for professors to upload, organize, and disseminate open coursepacks for their students ("Just go to the OpenCoursePacks website, and type in the name of my course", they could say). The same site could also let profs could tag, annotate, and recommend their readings, thereby making it that much easier for other professors to find and include suitable open access content in their own coursepacks. With a good design, and suitable scale and interest, a coursepack sharing site could make a lot more good instructional material widely and freely used and shared.

"Georgia State Sued For Copyright Infringement": Information Media Partners supports the suit and provides an interesting comment about publishers' fear of entering the "valley of death" of the print-to-electronic transition.

"Oxford, Cambridge and Sage Sue Georgia State": Paul N. Courant, University Librarian and Dean of Libraries at the University of Michigan, reacts to the suit. In summary, he says:

Things have come to a pretty pass when academic institutions sue each other over academic matters. Even if the publishers prove to be right on the merits, the lawsuit ought to be the last resort, and student use of academic materials produced by academic institutions ought be priced at something like marginal cost, rather than at the price that maximizes profit. And one wonders why three rich and distinguished institutions would go after an urban university that is much less well-resourced.

"A Press Revolt against E-Packet Practices": Andy Guess' Inside Higher Ed article overviews the suit, provides background information about prior communications between GSU and the plaintiff’s law firm, notes that the suit indicates that the e-reserves system wasn't restricted access until after a complaint to the university, and includes a call from Kenneth C. Green, director of the Campus Computing Project, for a iTunes-like system for scholarly material.

"Publishers Sue Georgia State for Copyright Infringement": Calvin Reid's Publisher's Weekly article overviews the suit and includes comments by Patricia Schroeder (AAP President and Chief Executive Officer), Allan Adler (AAP Vice President, Legal and Governmental Affairs), and Niko Pfund (Oxford University Press Vice President).

"Publishers Sue Georgia State University Over E-Reserves": Andrew Albanese's Library Journal article overviews the suit and includes comments by Pfund as well as a useful brief recap of prior e-reserves disputes and resolutions. (For more background, see Albanese's 2007 article "Down with E-Reserves: Confusing, Contentious, and Vital, E-Reserves Fuel Higher Education—And an Ongoing Copyright Battle.") Albanese notes that the "suit offers a remarkably detailed view of what the plaintiffs believe to be infringing activity at GSU, including specific examples of uses it considers to be well beyond the scope of fair use and a detailed appendix of alleged infringed materials."

"Trying to Sue State U": Kevin Smith, Scholarly Communications Officer at Duke University, analyzes the suit, weaving in an analysis of a recent case of state sovereign immunity and copyright infringement (discussed here in "Copyright Infringement Liability of State Employees"). In summary, Smith says:

A little bit of attention to the economics of scholarly publishing quickly undermines the claim in this complaint that, without permission fees for electronic reserves, the incentive system of copyright will be undermined. No monetary incentive currently exists for the vast majority of academic publishing, from the point of view of faculty, yet academics keep writing. There is no evidence at all that this well of free content will suddenly go dry if publishers are not able to collect an additional income stream from that well. If this suit goes forward in spite of sovereign immunity, that should be the issue on which the court focuses its attention.

For further reactions, see Jennifer Howard's "Librarians React to Lawsuit Against Georgia State U."

Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

The Association of American University Presses has issued a press release supporting the digital copyright lawsuit against Georgia State University (see "Georgia State Sued by Three Publishers for Alleged Digital Copyright Infringement in E-Reserves, Course Management, and Other Systems.")

Here's an excerpt from the press release:

In today's universities, it is increasingly rare for students to buy assigned books at the campus bookstore or purchase coursepacks at the local copyshop. Instead, professors often distribute assigned course readings electronically through digital course management, e-reserves, or similar systems. While many universities seek legally required permissions, others do not and simply distribute substantial excerpts from books and journals without permission or compensation. This has become a significant problem for university presses, who depend upon the income due them to continue to publish the specialized scholarly books required to educate students and to advance university research.

Against this backdrop, three scholarly publishers, Cambridge University Press, Oxford University Press, and Sage Publications, have recently filed suit against Georgia State University officials, citing a pattern of illegal distribution of copyrighted book and journal content through digital course management and similar systems controlled by Georgia State. The Association of American University Presses supports the difficult decision made by Cambridge and Oxford, both AAUP members, to take this action—particularly in light of its broad concerns for the critical role that university presses, which are non-profits, play in the world of university instruction and scholarly communications.

The basic legal issue in the suit, namely whether permissions are required for course materials, was forcefully addressed in Basic Books v. Kinko's Graphics Corp. (1991), which held that the coursepacks sold by Kinko's required the payment of permissions fees to publishers, and that the reproduction of a single chapter was "quantitatively [and] qualitatively substantial" under the Copyright Act. While AAUP respects the doctrine of fair use, which permits spontaneous and limited uses of copyrighted material for instruction, it is clear that universities need to seek permission for more regular and substantial uses of excerpts in coursepacks and other assigned reading. That the delivery method for coursepacks is digital rather than print-on-paper does not change the nature of the use or the content, and such uses are governed by the same legal principles established in earlier cases.

University presses are non-profits that operate on very thin margins, and their primary audience is the university community. Indeed, although university presses comprise only a small segment of the market, they supply a very significant proportion of the books and journal articles taught and read in universities, particularly in graduate and upper-level undergraduate courses. . . .

University presses also serve a critical role for universities by providing faculty with a platform to publish their research, a role central to scholarship and the tenure system. . . .

Many universities have understood these realities and have promulgated strong institutional policies on the digital use of copyrighted materials. Over the last two years, publishers have had productive discussions with several universities including Cornell, Syracuse, Marquette and Hofstra, all of whom have recently adopted sound copyright policies about the use of digital course materials. Several mechanisms currently exist for universities to obtain clearance for the use of these materials, whether through individual publishers or the Copyright Clearance Center. While many universities have adopted a centralized approach and treated electronic course materials as they do paper, Georgia State has flatly rebuffed repeated attempts by publishers to work toward an acceptable university policy and has continued to foster a system of widespread copyright abuse.

The decision to file a suit is never easy, and always a last resort. It is particularly painful for non-profit publishers to sue a university, even if in this situation it was unavoidable. "It feels like suing a member of the family" said AAUP Executive Director Peter Givler. "Unfortunately, the alleged infringement is like stealing from a member of the family."

Georgia State Sued by Three Publishers for Alleged Digital Copyright Infringement in E-Reserves, Course Management, and Other Systems

Backed by the Association of American Publishers, Cambridge University Press, Oxford University Press, and SAGE Publications have sued Georgia State University alleging "systematic, widespread and unauthorized copying and distribution of a vast amount of copyrighted works" via GSU's e-reserves, course management, and other systems.

The suit "seeks injunctive relief to bring an end to such practices, but does not seek monetary damages." The defendants named in the suit are the GSU President, Provost, Dean of Libraries, and Associate Provost for Information Systems and Technology.

Read more about it at "Publishers Sue Georgia State on Digital Reading Matter" and "Publishers Take Action against Georgia State University Copyright Infringement."

Going Up: Serials Prices Increase 9% to 11% in 2008

Library Journal has published "Periodicals Price Survey 2008: Embracing Openness."

Most of the narrative discusses open access developments. The news on toll-access serials remains grim:

Prices of subscription-based journals increased nine to ten percent in 2008, driven by an extremely weak dollar. Non-U.S. titles in the humanities and social sciences increased even more (11 percent), because publishers in these disciplines tend to price in native currencies, driving U.S. prices up when those currencies are converted to dollars. The sciences, on the other hand, are dominated by large European publishers that price in U.S. dollars, reducing the volatility of prices and keeping price increases in foreign scientific journals under nine percent. Given the continuing slide of the dollar, expect increases in 2009 to approach ten percent overall.

As usual, the article includes detailed tables packed with serials cost information.

Average subscription prices in some high-ticket disciplines include: Chemistry, $3,490; Physics, $3,103; Engineering, $1,919; Biology, $1,810; and Technology, $1,776; and Astronomy, $1,671.

Cornell University Library and Duke University Press to Collaborate on Project Euclid

The Cornell University Library and Duke University Press have announced that they will collaborate on the future development of Project Euclid.

Here's an excerpt from the press release:

Effective July 2008, Duke will provide publishing expertise in marketing, sales, and order fulfillment to Project Euclid's participating publishers and institutional subscribers. Duke will work to broaden and deepen Project Euclid's subscriber base, resulting in greater global exposure for 54 journals and a growing number of monographs and conference proceedings. Cornell will continue to provide and support the vital IT infrastructure for Project Euclid and assume responsibility for archiving and preservation activities, ensuring robust and reliable access to the content deposited with Project Euclid for future scholars, researchers, and students.

Now home to 93,000 journal articles (75% of which are open access), along with 60 monographs and conference proceedings, Project Euclid and its partner publishers will benefit from Duke's commitment to Project Euclid's mission and from the Press's publishing proficiency, reputation for quality consciousness, and university-based value system. Duke's recent initiative to expand its journals publishing program into science, technology and medicine further ensures that together the Cornell Library and Duke University Press will achieve Project Euclid's goal to become a primary destination site for mathematicians and statisticians. . . .

This joint venture was undertaken in cooperation with the Scholarly Publishing & Academic Resources Coalition (SPARC), an alliance of universities, research libraries, and organizations, created by the Association of Research Libraries.

Leadership for Project Euclid will be assumed by management at both Cornell and Duke.

Summary of Experiences with E-Journal Publishing Software and Institutional Repositories

Sunny Yoon, Digital Resources Coordinator at the City University of New York, posted a query on the CODE4LIB list about the use of e-journal publishing software and its integration into institutional repositories.

She has now posted an interesting summary of responses to her query.

You can also read the replies that were posted to the list under the heading "e-journal publishing software."

Repository Interface for Overlaid Journal Archives: Results from an Online Questionnaire Survey

The RIOJA project has released Repository Interface for Overlaid Journal Archives: Results from an Online Questionnaire Survey.

Here's an excerpt from the "Introduction":

The Repository Interface for Overlaid Journal Archives (RIOJA) project (http://www.ucl.ac.uk/ls/rioja) is an international partnership of members of academic staff, librarians and technologists from UCL (University College London), the University of Cambridge, the University of Glasgow, Imperial College London and Cornell University. It aims to address some of the issues around the development and implementation of a new publishing model, that of the overlay journal – defined, for the purposes of the project, as a quality-assured journal whose content is deposited to and resides in one or more open access repositories. The project is funded by the Joint Information Systems Committee (JISC, http://www.jisc.ac.uk/) and runs from April 2007 to June 2008.

The RIOJA project will create an interoperability toolkit to enable the overlay of certification onto papers housed in subject repositories. The intention is that the tool will be generic, helping any repository to realise its potential to act as a more complete scholarly resource. The project will also create a demonstrator overlay journal, using the arXiv repository and OJS software, with interaction between the two facilitated by the RIOJA toolkit.

To inform and shape the project, a survey of Astrophysics and Cosmology researchers has been conducted. The findings from that survey form the basis of this report.

The project team will also undertake formal and informal discussion with publishers and with academic and managing members of editorial boards. The survey and supplementary discussions will help to ensure that the RIOJA outputs address the needs and expectations of the research community. Finally, the overall long-term sustainability of a repository-overlay journal will be assessed. The project will examine the costs of adding peer review to arXiv deposits, of implementing and maintaining the functionality which the survey shows to be most valued by researchers, and of providing long-term preservation of content, and will aim to identify and appraise possible cost-recovery business models.

ARL Releases "The Audacity of SCOAP3" Preprint

The Association of Research Libraries has released a preprint of Ivy Anderson's article "The Audacity of SCOAP3." Anderson is the Director of Collections, California Digital Library.

Here's an excerpt from the press release:

SCOAP3 is a new model for scholarly communication proposed by a community of scientists. Physicists interested in expanding access to their literature have designed a novel approach to garner support from individual libraries, library consortia, research institutions, and even nation states to turn a core set of journals in the high energy physics discipline into open access publications.

The project principals have estimated that the total amount of money currently spent by the library community on these titles worldwide is about $15M US. They estimate that the US commitment to make the publications open access would be $4.5M. The plan involves providing a financial base of support by creating a consortium of institutions that would “redirect” the money they currently pay for subscription access to support open access publication.

On February 29, 2008, the University of California, Berkeley, hosted a meeting for the US community during which the SCOAP3 model was described and organizers reported on financial commitments received to date. Anderson’s essay was inspired largely by the discussions at that meeting.

In her essay, Anderson discusses three key elements that distinguish SCOAP3 from other open access initiatives:

  • SCOAP3 is a funding consortium that seeks to mediate between author and publisher, while still conceiving of payment as a supply-side activity.

  • SCOAP3 is non-disruptive to authors—and to a substantial degree, to publishers and societies.

  • SCOAP3 has the potential to fundamentally alter the role of libraries in the publishing process.

Anderson encourages “everyone interested in the grand experiment of open access [OA] publishing, whether pro or con, [to] sit up and take notice of this audacious new OA accelerator that is SCOAP3.” She also calls for “all libraries who envision a future in which academic libraries assume new roles in building and supporting the research cyberinfrastructure, or who seek to advance the convergence of libraries and academic publishing, [to] join the experiment and boldly accelerate its findings.”

Accompanying Anderson’s essay is a brief article by Julia Blixrud, Assistant Executive Director, External Relations, ARL, and Assistant Director, Public Programs, SPARC, presenting four steps that libraries and consortia can take to move SCOAP3 forward.

See the ARL Web site for the preprint essay by Ivy Anderson, “The Audacity of SCOAP3,” and article by Julia Blixrud, “Taking Action on SCOAP3,” ARL: A Bimonthly Report, no. 257 (April 2008), http://www.arl.org/resources/pubs/br/br257.shtml. This issue of the Bimonthly Report will be in print by mid-April.

Slides and videos of the presentations given at the February 29 meeting in Berkeley are available on the SCOAP3 Web site http://www.scoap3.org/focalmeeting.html.