Author's Rights, Tout de Suite

Author's Rights, Tout de Suite, the latest Digital Scholarship publication, is designed to give journal article authors a quick introduction to key aspects of author's rights and to foster further exploration of this topic through liberal use of relevant references to online documents and links to pertinent Web sites.

It is under a Creative Commons Attribution-Noncommercial 3.0 United States License, and it can be freely used for any noncommercial purpose, including derivative works, in accordance with the license.

The prior publication in the Tout de Suite series, Institutional Repositories, Tout de Suite, is also available.

PEER Project to Examine Large-Scale "Green" Open Access Impacts

The PEER (Publishing and the Ecology of European Research) project will examine "the effects of the large-scale, systematic depositing of authors' final peer-reviewed manuscripts . . . on reader access, author visibility, and journal viability, as well as on the broader ecology of European research." The project will conclude in 2011.

Here's an excerpt from the press release:

The aim of PEER is to build a substantial body of evidence, by developing an 'observatory' to monitor the effects of systematic archiving over time. Participating publishers will collectively contribute 300 journals to the project and supporting research studies will address issues such as:

  • How large-scale archiving will affect journal viability
  • Whether it increases access
  • How it will affect the broader ecology of European research
  • Which factors influence the readiness to deposit in institutional and disciplinary repositories and what the associated costs might be
  • Models to illustrate how traditional publishing systems can coexist with self-archiving

The International Association of Scientific, Technical and Medical Publishers (STM), the European Science Foundation, Gottingen State and University Library, the Max Planck Society and INRIA will collaborate on PEER, supported by the SURF Foundation and University of Bielefeld, which will contribute the expertise of the EU-funded DRIVER project.

RoMEO List of Publishers Who Allow Their PDFs to Be Deposited in Institutional Repositories

SHERPA's RoMEO service has made available "Publishers Allowing the Deposition of Their Published Version/PDF in Institutional Repositories."

Here's an excerpt from the announcement:

SHERPA has analysed its records to determine which of the 414 publishers listed allow authors to deposit the publishers' version or publishers' PDF of a journal article into the author's institutional repository. 50 publishers allow immediate, un-embargoed deposit into repositories—even more allow use in restricted circumstances. This means that there is a large volume of work which can be deposited directly into repositories even if the author has not retained their own final draft. . . .

We have separated the publishers into sub-sets, indicating any restrictions that are imposed by the publishers on the use of their versions. The sub-sets are: no restrictions, embargos, fee required and embargo & fee required.

Ireland's Higher Education Authority Enacts Open Access Mandate

Ireland's Higher Education Authority, a major research funding agency in that country, has enacted an open access mandate that requires searchers to "lodge their publications resulting in whole or in part from HEA-funded research in an open access repository as soon as is practical after publication, and to be made openly accessible within 6 calendar months at the latest, subject to copyright agreement."

Stevan Harnad reports that this is the "world's 52nd Green OA Self-Archiving mandate (the 27th funder mandate)."

NIH Mandate Works: Article Deposits in PubMed Central Dramatically Increase

Library Journal Academic Newswire reports that article deposits in PubMed Central have dramatically increased (e.g., 2,593 deposits in May 2008 vs. 948 in May 2007) as a result the NIH mandate, which requires "all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication."

Read more about it at "PubMed Central Submissions Jump Sharply Under New NIH Policy."

RoMEO: Now with 400+ Publisher Self-Archiving Policies

SHERPA's RoMEO service now contains over 400 publisher self-archiving policies.

Here's an excerpt from the announcement:

The RoMEO service, provided by the award winning SHERPA Partnership, uses a simple colour-code to classify policies and inform authors of what can be done with their articles, and offers users the ability to:

  • View summaries of publishers' copyright policies in relation to self-archiving
  • View if publisher policies comply with funding regulations, as some publishers are too restrictive and cannot be used to publish funded research
  • To search journal and publisher information by Journal Title, Publisher Name and ISSN

RoMEO is seen as an essential resource by many in the Open Access community. RoMEO is funded by JISC and the Wellcome Trust. Journal information is kindly provided by the British Library's Zetoc service hosted by MIMAS

Latest APA Deposit Policy Allows Authors to Self-Archive Articles in Institutional Repositories and on Personal Web Sites

The latest revision of the American Psychological Association's "Document Deposit Policy and Procedures for APA Journals" permits authors to self-archive final peer-reviewed copies of NIH-funded articles in institutional repositories and on personal Web sites.

Here's an excerpt from the policy:

Authors of manuscripts to be published in APA journals may post a copy of the final peer-reviewed manuscript, as a word processing, PDF, or other type file, on their personal Web site or on their employer's server after the manuscript is accepted for publication. The following conditions would prevail: The posted article must carry an APA copyright notice and include a link to the APA journal home page, and the posted article must include the following statement: "This article may not exactly replicate the final version published in the APA journal. It is not the copy of record.” APA does not provide electronic copies of the APA published version for this purpose, and authors are not permitted to scan in the APA published version.

The revised policy also indicates that the final published article may be deposited by the APA in PubMed Central if required by a funding agency other than the NIH (for NIH-funded research "the final 'Word' version of the author-generated manuscript with all changes based on peer-review editorial feedback and found acceptable by the editor" will be deposited by the APA without charging the author's institution).

Peter Suber has commented on this revised policy in his "New Interim Policy from the APA" posting.

SPARC and ARL Refute AAP Assertions about NIH Public Access Policy

SPARC and ARL have released a white paper, NIH Public Access Policy Does Not Affect U.S. Copyright Law, that refutes assertions made by the Association of American Publishers about the NIH Public Access Policy.

Here's an excerpt from the Summary:

Contrary to the AAP assertions, the NIH Public Access Policy does not affect U.S. copyright law in any way. NIH has added a condition to pre-existing licensing terms in its grant agreements that affirms it can legally provide public access to publicly funded research. This change in the terms of NIH grant agreements is fully consistent with copyright law. Copyright is an author’s right. Researchers are the authors of the articles they write with NIH support. In exchange for substantial federal funding, these researchers voluntarily agree to grant the federal government a license to provide public access to the results of publicly funded research. NIH receives a non-exclusive license from federally funded researchers, who retain their copyrights and are free to enter into traditional publication agreements with biomedical journals or assign these anywhere they so choose, subject to the license to NIH.

This change in the terms of the Public Access Policy has no relation to United States compliance with international intellectual property treaties. The Berne Convention on Copyright and the TRIPS Agreement concern the substance of copyright law, not the terms of licenses granted to the United States in exchange for federal funding. It is longstanding federal policy that in all federal contracts that pay for the creation of copyrighted works, the funding agency must receive a copyright license in exchange for federal funding. It is well recognized that these licenses given by authors have no effect on the robust set of protections given to authors in the United States Copyright Act and similarly raise no issues with respect to international copyright law.

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.

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.

OAK Law Project Publishes Understanding Open Access in the Academic Environment: A Guide for Authors

The Open Access to Knowledge Law Project has published Understanding Open Access in the Academic Environment: A Guide for Authors.

Here's an excerpt:

This guide aims to provide practical guidance for academic authors interested in making their work more openly accessible to readers and other researchers.

The guide explains, in detail, the principles and features of the open access movement and outlines the benefits of open access, particularly those relating to dissemination, citation impact and academic reputation. It examines institutional repositories and open access journals as tools for implementing open access, and explains how they operate and how they can be best utilised by academic authors. The guide further considers how moves by funding bodies and academic institutions to mandate the deposit of research output into institutional repositories affects authors in today's publishing environment.

The underlying law of copyright is also explained, with a practical emphasis on how authors can best deal with their legal rights to enable open access to their academic work. The guide outlines authors' options for providing open access to their work, including the use of copyright licences and open content models such as Creative Commons licences. A Copyright Toolkit is provided to further assist authors in managing their copyright.

Importantly, the guide addresses how open access goals can affect an author's relationship with their commercial publisher. It provides guidance on how to negotiate a proper allocation of copyright interests between an author and publisher in order to allow an author to deposit their work into an institutional repository and reuse their work. The guide addresses both legal and non-legal issues related to maintaining a positive relationship with publishers while still ensuring that open access can be obtained.

Stanford University School of Education's Open Access Mandate—Harvard Medical School Next?

On June 26, Stevan Harnad and Leslie Carr broke the story that John Willinsky had announced an open access mandate for Stanford University's School of Education in a speech at ELPub 2008. Peter Suber then posted a link to the video of the speech.

Today, Willinsky posted the Stanford University School of Education Open Access Motion on the SPARC-OAForum, noting that it "was passed unanimously by the faculty of the School of Education, Stanford University on June 10, 2008, and was cleared by the Provost's Office and Stanford University's legal counsel on June 25th, 2008."

Here's the text of the motion:

In recognition of its responsibility to make its research and scholarship as widely and publicly available as possible, the faculty of the Stanford University School of Education is determined to take advantage of new technologies to increase access to its work among scholars worldwide, educators, policymakers, and the public. In support of greater openness in scholarly and educational endeavors, the faculty of the School of Education agree to the following policy:

Faculty members grant to the Stanford University permission to make publicly available their scholarly articles and to exercise the copyright in those articles. They grant to Stanford University a nonexclusive, irrevocable, worldwide license to exercise any and all rights under copyright relating to their scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are properly attributed to the authors not sold for a profit.

The policy will apply to all scholarly articles authored or co-authored while a faculty member of the School of Education, beginning with articles for which the publisher's copyright agreement has yet to be signed. The Dean or the Dean's designate will waive application of the policy upon written request from faculty who wish to publish an article with a publisher who will not agree to the terms of this policy (which will be presented to the publishers in the form of an addendum to the copyright agreement).

No later than the date of publication, faculty members will provide an electronic copy of the final version of the article at no charge to the appropriate representative of the Dean of Education's Office, who will make the article available to the public in an open-access repository operated by Stanford University.

The Office of the Dean will be responsible for interpreting this policy, resolving disputes concerning its interpretation and application, and recommending policy changes to the School of Education from time to time. The policy will be reviewed after three years and a report presented on the policy to the School of Education.

Willinsky also posted on the list "Questions and Answers on Harvard’s Open Access Motion," which is "a series of questions and responses that arose as part of a discussions of passing such a motion at the Stanford University School of Education (SUSE) by Claude Goldenberg, Roy Pea, Sean Reardon, and John Willinsky."

Peter Suber has commented on these Stanford documents in his "Details on the Stanford OA Mandate" posting.

In a Library Journal article ("At SPARC Forum, News of the University of California’s Open Access Near Miss") published today, a "representative of Harvard Medical School" is quoted as saying: "I think we’re going to be the next school to go for OA." (This article provides some brief additional information about the Harvard Faculty of Arts & Sciences and Law School mandates and discusses as yet unsuccessful efforts at the University of California to pass a mandate.)

EM-Loader: Making Self-Archiving Easier

Building on the work of the SWORD Project, the EM-Loader project will build software that allows authors to use the metadata from PublicationsList.org to deposit works in the Depot.

Here's an excerpt from the announcement:

We will show proof of concept at an early stage by building a web service module that connects two existing services: the Depot, the JISC repository for researchers who do not have other provision; and PublicationsList.org, a service for researchers to build a web page listing their publications. Instead of recreating interoperability standards from scratch, the project has adopted and expanded the SWORD Deposit API.

In our revised approach we suggest that depositing papers into repositories can be made easier and rewarding for researchers by concentrating initially on compiling a personal publications list with complete metadata and then performing a batch submission to the repository.

Traditionally stage 1—compiling a personal bibliography—is by manual entry, but this can be made much easier with batch search and select of items from citation databases such as Web of Science and PubMed, and import from personal bibliography tools such as BibTeX, EndNote and Reference Manager. Full text of papers can be uploaded and attached to metadata in stage 2 (typically in PDF or DOC formats).

Functionality for stages 1 and 2 already exists and is provided to this project through PublicationsList.org. The main focus of our project activity is to build the workflow to enable all the structured metadata to be forwarded to the appropriate repository, alongside the associated digital object (full text) where available.

Read more about it at: EM-Loader and the EM-Loader proposal.

(Thanks to Open Access News.)

New ACRL Publications Agreements FAQ

ALA's Association College & Research Libraries has made available a new ACRL Publications Agreements FAQ, which covers serials, book chapters, book editors, and podcasts.

The FAQ's statement about Creative Commons licenses and serials is of special interest:

We didn’t want to require our authors to publish their works using a Creative Commons license, but you are welcome to attach the CC license of your choosing to your work after it is published by ACRL. Visit the Creative Commons website (http://creativecommons.org/) to learn more about their licensing options.

This is welcome news, and ACRL is to be applauded for supporting the use of Creative Commons licenses.

It is very helpful to have a concise and clear explanation of ACRL's copyright and other publication policies regarding serials, and the information about book chapters, book editors, and podcasts is very helpful as well. It would be highly desirable for other ALA divisions to follow ACRL's lead in this matter.

Note that ACRL's copyright forms are on the ACRL Forms page.

Journal of the American Society for Information Science and Technology Goes Green

In a forthcoming "Early View" editorial in the Journal of the American Society for Information Science and Technology ("JASIST Open Access"), Donald H. Kraft announces that JASIST will permit self-archiving "on the Contributor's personal Web site or in the Contributor's institution's/employer's institutional repository or archive" (institutional intranets are also permitted). This excludes disciplinary archives, such as dLIST and E-LIS, which are global in nature.

Such self-archiving can occur for both preprints and postprints. The author cannot "update the submission version [version submitted for consideration that has not undergone peer review] or replace it with the published Contribution." However, the author can "update the preprint [accepted version that has undergone peer review] with any corrections."

JASIST is the research journal of the American Society for Information Science and Technology, which "counts among its membership some 4,000 information specialists from such fields as computer science, linguistics, management, librarianship, engineering, law, medicine, chemistry, and education; individuals who share a common interest in improving the ways society stores, retrieves, analyzes, manages, archives and disseminates information, coming together for mutual benefit."

More about ALA, CLA, and Open Access

Peter Suber has commented on my "On ALA, CLA, and Open Access" posting:

PS: For background, see Charles' previous report on OA for ALA publications (July 2006). In my comment at the time, I pointed out some of the ALA's public statements in support of OA: "(1) the ALA Washington office has a page on OA, (2) the ALA Council adopted a resolution in support of FRPAA at its June 2006 annual meeting, and (3) the ALA has signed on to several public statements in support of OA, most recently a July 12 letter in support of FRPAA and a May 31 letter in support of the EC report on OA."

Of course, I had reviewed Peter's prior comment before writing the new post. Here's a further analysis:

A good summary of other ALA joint statements, along with those of ACRL, can be found at "ACRL Taking Action."

Here's more information on ALA's "green" and "gold" policies.

Let's assume that both ALA copyright agreements are in effect for all journals. The Copyright Assignment Agreement explicitly supports limited self-archiving ("The right to use and distribute the Work on the Author’s Web site"). The Copyright Assignment Agreement further says that the author has: "The right to use and distribute the Work internally at the Author’s place of employment, and for promotional and any other non-commercial purposes." While "any other non-commercial purposes" seems to permit broad self-archiving, the specification of the "distribute the Work internally at the Author's place of employment" right seems to imply that the right to distribute the work outside of the author's place of employment is in question, which would mean that self-archiving in digital repositories could be done only in the author's institutional repository and only if access to the work was limited to institutional users. Moreover, if broad self-archiving is permitted, why single out the right to self-archive on the author's Web site? I find the wording ambiguous, and I would not recommend that anyone who wants to self-archive use this license. If its intent is to allow broad self-archiving, this should be spelled out. The Copyright License Agreement supports all types of self archiving ("Copyright of the Work remains in Author’s name, and the Author reserves all other rights"). Consequently, we can say that ALA supports "green" self-archiving, but this may be very weak under the Copyright Assignment Agreement.

Without further information, it is not possible to say that any of ALA's major journals are "gold," although Public Libraries and School Library Media Research might be. If this were true, ALA's Public Library Association and its American Association of School Librarians divisions would be ALA's gold journal publishers, with the Association of College & Research Libraries division nearly being one.

On ALA, CLA, and Open Access

The Canadian Library Association recently issued a new, strongly worded open access statement ("Position Statement on Open Access for Canadian Libraries"). Peter Suber commented on this statement, saying "Many organizations have called on their governments to mandate OA for publicly-funded research, but the CLA is first I've seen to regard embargo periods as a temporary compromise, justified only to help publishers adapt during a transition period."

The American Library Association is a member of the Alliance for Taxpayer Access and the Open Access Working Group, and. as such, has signed a variety of targeted statements about free access to government-funded research. The most active ALA Division in terms of open access support is the Association of College and Research Libraries, which has a number of activities geared towards promoting it.

Such statements and activities are praiseworthy, but the question remains: What kind of open access to these associations provide to their own journals?

CLA appears to embargo the current issue of Feliciter. If so, CLA cannot be said to be providing full free access to the journal; however, as embargoes go, it is a generous one.

Since it publishes more journals, the situation for ALA is more complex, and it is summarized below in a discussion of its major journals.

ALA Journal Free Access?
Children and Libraries: The Journal of the Association for Library Service to Children No
College & Research Libraries Embargo (current volume?), with e-prints that are removed on issue publication leaving a free access gap
Information Technology and Libraries Six month embargo
Library Administration and Management No
Library Resources & Technical Services Embargo? (last complete issue listed on site is from 2006 and last free volume is from 2006)
Public Libraries Embargo? (last listed issue on site is from 2007)
RBM: A Journal of Rare Books, Manuscripts, and Cultural Heritage Embargo? (last listed issue on site is from 2006)
School Library Media Research Embargo? (last listed issue on site is from 2007)
Reference & User Services Quarterly No (there are no issues listed on site)
Young Adult Library Services No

Given that several journals are far behind in listing back issues, some have no listed 2008 issues, and one has no back issues whatsoever, it is difficult to make definitive statements about their open access policies. It is possible that this confusion arises from difficulties in the timely maintenance of ALA journal Websites. What can be said is that, as of today, those missing digital issues are not accessible to anyone from the ALA site.

One thing is clear: it would be very helpful if ALA journals would clearly and prominently state their open access policies. Although it will not be discussed here in any detail, several journals have conflicting or unclear copyright agreement policies. It is assumed that ALA offers its two copyright agreements (Copyright Assignment Agreement and Copyright License Agreement.) for all journals, but this cannot be verified from all journal Websites.

While it is not uniform, ALA is making progress towards providing more free journal content; however, it cannot be said that ALA fully supports free access to all of its major journals. Moreover, to my knowledge, ALA itself has never made an open access position statement that is similar to CLA's and those of other library organizations, such as IFLA's (this excludes any statements by ALA divisions or joint statements). As the open access movement nears the decade point, it would seem desirable for it to unambiguously do so.

ALA is a major voice in the library community, and, if its open access efforts are to be taken seriously by publishers and scholars, it should state whether it supports green access (self-archiving), gold access (open access journals), or both. If it wants to support gold access, it should first reform its own journal publishing business model. If not, it would be helpful for it to clarify and make consistent the terms of its embargo access at an organizational vs. a divisional level.

Microsoft Releases Beta of Article Authoring Add-in for Microsoft Office Word 2007

Microsoft has released a beta version of its Article Authoring Add-in for Microsoft Office Word 2007.

Here's an excerpt from the product's home page:

Beta 1 of Word add-in to enhance the authoring of scientific and technical articles, including support for the National Library of Medicine XML format This Beta 1 release enables reading and writing of XML-based documents in the format used by the National Library of Medicine for archiving scientific articles.

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").

Harold Varmus on the NIH Public Access Policy

NPR has released a digital audio interview with Harold Varmus (Noble Prize winner, President of the Memorial Sloan-Kettering Cancer Center, former Director of the National Institutes of Health, and co-founder and Chairman of the Board of Directors of the Public Library of Science) about the NIH Public Access Policy and open access.