The right to Open Access - obtaining copyright for institutional repositories in Ireland and abroad. Author: Joseph Greene
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The right to Open Access - obtaining copyright for institutional repositories in Ireland and abroad. Author: Joseph Greene

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Presentation delivered to The Irish Universities Information Services Colloquium (IUISC), 5th March 2009, Galway, Ireland. 2009-03-05.

Presentation delivered to The Irish Universities Information Services Colloquium (IUISC), 5th March 2009, Galway, Ireland. 2009-03-05.

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    The right to Open Access - obtaining copyright for institutional repositories in Ireland and abroad. Author: Joseph Greene The right to Open Access - obtaining copyright for institutional repositories in Ireland and abroad. Author: Joseph Greene Presentation Transcript

    • The right to Open Access -obtaining copyright forinstitutional repositories inIreland and abroadJoseph Greene (Not a solicitor!)5 March 2009 UCD Library Leabharlann UCD University College Dublin, An Coláiste Ollscoile, Baile Belfield, Dublin 4, Ireland Átha Cliath, Belfield, Baile Átha Cliath 4, Eire
    • Outline• The service – OA basics and legality – Summary IPR activity by numbers – Number of items annually – IPR activities, general & local – Irish publishers• Outputs – Summary number of items per year – Publisher response rates, UCD – Success rate, UCD• Risk• Improving the service
    • Sources• Jones, Mark. Intellectual property rights survey, University of East Anglia, October, Sept. 2008. – 73 respondents from UK, Ireland, Australia, South Africa, USA, Norway, et al.• Telephone interviews with 4 Irish IRs (conducted February 2009)• UCD IR statistics, 2008 to present
    • The changing service relationship-- procuringcopyright for deposit in Open Access(institutional) repositories• Collecting and organising scholarly materials for deposit in IRs, providing free, open access to publicly funded research – Peer-reviewed articles – Conference proceedings – Books and book chapters – Reports (technical and government agencies) – Working papers
    • How is this legal?• Deposit licenses obtained from authors• The Post-print (accepted version, author’s final version, final version after peer-review, etc.)• Asking for permissionLondon School of Economics, Versions Toolkit.February 2008.http://www.lse.ac.uk/library/versions/
    • SHERPA RoMEO Publishers: 63% Journals: 95% http://romeo.eprints.org/stats.php
    • Summary IPR activity by numbers• 96% of institutions actively manage IPR (4% do nothing!), the majority of which (86%) is done by the library rather than allowing individual academics or schools/faculties.• 94% of these activities are carried out by 2 or fewer staff (46% of institutions with less than 1 staff member!)• When publishers fail to respond to copyright request, 71% do not proceed with deposit, but 39% do!Intellectual property rights survey, University of East Anglia
    • Number of items annually Number of items per year 29% 20% 17% 17% 11% 8% 0 - 50 51 - 100 101 - 200 201 - 500 501 - 1,000 Over 1,000Intellectual property rights survey, University of East Anglia
    • IPR activities• Check publisher requirements (SHERPA/RoMEO database and publisher websites)• Contact publisher for permission and/or clarification• Contact author for alternative version of deposit object• Add publisher statements to metadata• Enforce embargoes where necessary• Provide links to publishers sites where necessary• Add acknowledgement of publisher and source where necessaryIntellectual property rights survey, University of East Anglia
    • Local opinions on IPR practiceSHERPA/RoMEOPros:• Sherpa/Romeo is mostly comprehensive, tend not to contact publishers directly.• When publisher policy is not amenable, have had good results asking authors to contact publishers as publishers are more willing to grant copyright to authors.• Pre- and post-prints widely available, Romeo is very helpful. Checking publishers websites is too time- consuming• Links to publishers policy on websites is very helpful
    • Local opinions on IPR practiceSHERPA/RoMEOCons:• Sherpa/Romeo is the only tool available, and it is partial. An improvement would be a forum to discuss particular IPR issues• Sherpa/Romeo is mainly geared towards articles; few conferences, books/chapters, reports, government bodies• Not always enough information in Romeo, safe or ambiguous information• Irish publishers are not in Sherpa Romeo -- though Romeo may allow additions to be made from outside institutions in future
    • Other IPR activities in Ireland• Publishers websites are checked extensively• Contact publishers when required• Possibility of negotiating an institutional agreement with publishers including royalties
    • A word on Irish publishers• Mostly positive experiences, successes with book chapters• No policies available, but no refusals when asked for permission• Some success obtaining blanket institutional permission
    • Outputs, results UCDs success rate for copyright request, publisher versions Explicit No, 15% Granted, 85% From 351 responses to direct requests. However…
    • Response rates Publisher response rates for copyright requests, UCD 24% 25% 16% 14% 11% 10% 2 days 1 week 2 weeks 1 month More Never than 1 month 100 unique publishers contacted
    • RiskAn uncertain event orcondition that, if it occurs,has a positive or a negativeeffect on at least oneproject objective...1 1 A Guide to the Project Management Body of Knowledge, 3rd edition. 2004 Project Management Institute, Newton Square, PA. Image: http://www.tbs- sct.gc.ca/pubs_pol/dcgpubs/RiskManagement/giffs/RiskMgmtModel.gif
    • Risk: Local opinion• Opportunity: journal publication is too slow and is being bypassed, particularly in engineering; though publication is still important and prestigious• Often there is no precedent, nothing clear to indicate proper action. Written law is behind the times• A matter of limitation of risk -- mostly we dont know what might happen as very little has yet happened• Risk of litigation rather than risk of breaking a law
    • Risk management: Local opinion• Most risk management effort put into journal articles, large (publisher sponsored) conferences• More risk taken for small conferences• Checking Romeo, publisher website and sending email to publisher where necessary constitutes due diligence• Work in good faith and maintain an instant take- down policy
    • Open Access risk tolerance ‘…Self-archive all papers immediately, and consider whether or not to remove them only Due diligence-- if/when there Checking RoMEO should ever be a and/or publisher request from the website and sending publisher’1 copyright request to Due diligence; or publisher where archiving afterNo Open necessary; not set period of Simply notAccess posting until given non-response checking copyrightsupport permission (39% surveyed) (4% surveyed)2 R R R H is is is ig k k k av n to h er eu le ri tr r sk se a an l to t le r an ce 1 Opening Access by Overcoming Zenos Paralysis http://eprints.ecs.soton.ac.uk/12094/1/harnad-jacobsbook.htm 2 Intellectual property rights survey, University of East Anglia
    • Open Access risk actions, summary oflocal opinions• Risk avoidance – Do not post until permission is positively granted (SHERPA/RoMEO or direct contact with publisher)• Risk mitigation – Work in good faith (academic organisation, not-for-profit, due diligence) – Have an instant take-down policy• Risk transferral – Asking authors to obtain permission, e.g. when post- print is not available (obtain record of permission)
    • Things that could improve OA IPRservices – local opinion• HEA, IRCSET, SFI mandates removing many barriers (require at least pre-prints be deposited)• Educate authors on their rights; authors not handing over copyright (though this is sometimes required by publisher)• Reduce the ‘to-ing and fro-ing’ with authors; clear policies from publishers are the answer• SHERPA RoMEO service for Ireland• Items other than articles may be of more interest such as datasets and case studies• Post-print is hard to define and difficult to obtain from authors – improve upon this• Dispel OA misinformation• A dedicated OA advocacy person• Is a culture of openness better than (current funder) mandates?