Open Access and Authors Rights


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  • Many of these new access models are driven by the concept of “open” which encompasses a lot of meanings:More open for both creators and usersGreater openness by way of removing access barriers, such as subscriptionsGranting rights up front to enable sharing and reuseAnd creating opportunities for new forms of technology-enabled scholarship and data mining to move forward
  • There are multiple open explorations within the broader ethos of openness, most of which should be familiar to you. The largest of these is obviously open access, both publishing and archiving. A derivative movement of open access is the public access requirements we are seeing from grant agencies. However, there is strong growth in these other, related movements and ultimately they all support and drive one another and our scholarship.
  • In successively looser senses, open-access journals may be considered as: Journals entirely open access Journals with research articles open access (hybrid open-access journals) Journals with some research articles open access (hybrid open-access journals) Journals with some articles open access and the other delayed access Journals with delayed open access (delayed open-access journals) Journals permitting self-archiving of articles
  • Green OA Self Archiving[5][6]Authors publish in any journal and then self-archive a version of the article for free public use in their institutional repository,[7] in a central repository (such as PubMed Central), or on some other OA website.[8] What is deposited is the peer-reviewed postprint – either the author's refereed, revised final draft or the publisher's version of record. Green OA journal publishers[9] endorse immediate OA self-archiving by their authors. OA self-archiving was first formally proposed in 1994[10][11] by Stevan Harnad. However, self-archiving was already being done by computer scientists in their local FTP archives in the '80s,[12] later harvested into Citeseer. High-energy physicists have been self-archiving centrally in arXiv since 1991.Gold OA Publishing[13]Authors publish in an open access journal that provides immediate OA to all of its articles on the publisher's website.[8] (Hybrid open access journals provide Gold OA only for those individual articles for which their authors (or their author's institution or funder) pay an OA publishing fee.) Examples of OA publishers[13] are BioMed Central, the Public Library of Science, and Dove Medical Press.
  • he iconic phrase is attributed to Stewart Brand.[1] who, in the late 1960s, founded the Whole Earth Catalog and argued that technology could be liberating rather than oppressing.[2] The earliest recorded occurrence of the expression was at the first Hackers' Conference in 1984. Brand told Steve Wozniak:[3]On the one hand information wants to be expensive, because it's so valuable. The right information in the right place just changes your life. On the other hand, information wants to be free, because the cost of getting it out is getting lower and lower all the time. So you have these two fighting against each other.[4]
  • Open Access Bill SB1900 -- The summary states: "Creates the Open Access to Research Articles Act. Provides that no later than 12 months after the effective date of the Act, each public institution of higher education shall develop an open access to research articles policy. Provides that all public institutions of higher education shall develop policies that provide for the submission, by all faculty employed by the public institution of higher education, to the employing institution of an electronic version of the author's final manuscript of original research papers upon acceptance by a scholarly research journal; the incorporation of certain changes and replacements regarding the manuscript; free online public access to the final peer-reviewed manuscripts or published versions upon publication; an irrevocable, worldwide copyright license granted by the author to the public; production of an online bibliography of all research papers that are publicly accessible; and long-term preservation of, and free public access to, published research articles. Sets forth provisions concerning applicability, other policy requirements, and reporting requirements.“America Competes Reauthorization Act of 2010 calls upon OSTP to coordinate with agencies to develop policies that assure widespread public access to and long-term stewardship of the results of federally funded unclassified research (2011)Expanding Public Access to the Results of Federally Funded ResearchPosted by Michael Stebbins on February 22, 2013 at 12:04 PM ESTThe Obama Administration is committed to the proposition that citizens deserve easy access to the results of scientific research their tax dollars have paid for. That’s why, in a policy memorandum released today, OSTP Director John Holdren has directed Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research. OSTP has been looking into this issue for some time, soliciting broad public input on multiple occasions and convening an interagency working group to develop a policy. The final policy reflects substantial inputs from scientists and scientific organizations, publishers, members of Congress, and other members of the public—over 65 thousand of whom recently signed a We the People petition asking for expanded public access to the results of taxpayer-funded research.To see the new policy memorandum, please visit: see Dr. Holdren’s response to the We the People petition, please visit:
  • Discussed Policies – NIH, etcDiscussed – Friendly Publishers – DOAJ & Sherpa/Romeo
  • Creative Commons (CC) is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share.[1] The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators. An easy to understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright, but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner. The result is an agile, low overhead and cost copyright management regime, profiting both copyright owners and licensees.
  • Open Access and Authors Rights

    1. 1. Open Access & Author’s Rights -What every faculty or authorshould know…..H. Stephen McMinn, Director of Collections andScholarly CommunicationsBrookens Library
    2. 2. Discussion TopicsOpen Access What is it? Why is it important? What’s in it for me? What can I do?Your Rights as an Author Protecting Your Rights Publishers CopyrightTransfer Agreements Amendments Creative Commons IDEALS
    3. 3. What is Open Access?Open Access-Lots of DefinitionsOpen access (OA) -- the practice of providingunrestricted access via the Internet to peer-reviewed scholarly journal articles and otherscholarly works.
    4. 4. What do we mean by open?Open & Free to AccessOpen to …Contribution and ParticipationUse & Reuse with Few or No RestrictionsIndexing and Machine Readable
    5. 5. Open MovementsOpen Access -- Public Access Open data Open science Open humanities Open education Open books Open peer review Open textbooks
    6. 6. Open Access JournalsScholarly journals that are available online tothe reader "without financial, legal, ortechnical barriers other than thoseinseparable from gaining access to theinternet itself.“Suber, Peter. "Open Access Overview".
    7. 7.  Entirely open access All or some articles open(hybrid open-access journals) Some articles open access andothers delayed access Delayed open access(delayed open-access journals) Self-archiving of articles permitted No open content -- content onlyavailable to subscribersMore OpenLess OpenLevels of Open Access Journals
    8. 8. Types of Open Access “Green” Open AccessAuthors publish in any journal and then self-archive a version of thearticle for free public use in their institutional repository, in a centralrepository (such as PubMed Central), or on some other OA website. “Gold” Open AccessAuthors publish in an open access journal that provides immediate OA toall of its articles on the publishers website. Hybrid Open AccessProvide Gold OA only for those individual articles for which their authors(or their authors institution or funder) pay an OA publishing fee.
    9. 9. Why Open Access? “Information wants to be free!” Unsustainable pricing model of scholarlyjournals Beliefs of the Academy – It’s the Right thing to Do!“Open access truly expands shared knowledge across scientific fields — it is thebest path for accelerating multi-disciplinary breakthroughs in research." 
— OpenLetter to the US Congress signed by Nobel Prize winners Requirements of Funding Agencies Other Initiatives
    10. 10. NIH Public Access PolicyThe NIH Public Access Policy implements Division G, Title II, Section 218 of PL110-161 (Consolidated Appropriations Act, 2008). The law states:The Director of the National Institutes of Health shall require that allinvestigators funded by the NIH submit or have submitted for themto the National Library of Medicine’s PubMed Central an electronicversion of their final, peer-reviewed manuscripts upon acceptancefor publication, to be made publicly available no later than 12months after the official date of publication: Provided, That the NIHshall implement the public access policy in a manner consistent withcopyright lawNIH Public Access Policy @
    11. 11. NIH Rules - In Brief NIH-funded research must be made freelyavailable to the public Deposit made publicly available no laterthan 12 months after the official date ofpublication Authors submit an e-copy of theirpublished articles to NIH PubMed Central
    12. 12. Other Initiatives Open Access -- Illinois General Assembly –SB Bill 1900 America Competes Reauthorization Act of2010 Increasing Access to the Results of FederallyFunded Scientific Research – PresidentialPolicy Memorandum (2/22/13)
    13. 13. What’s in it for me? Ease of Use– Copyright– Coursepacks/Couse Management– MOOCs Increased Visibility Increased Citations
    14. 14. Increased Citations toOpen Access Articles
    15. 15. What can I do? Advocate for Open Access Publish in Open Access Journals Protect your rights as a author– What rights are important?– How to Protect Rights Use IDEALS (UI Institutional Repository)
    16. 16. Finding Friendly Publishers The Romeo/eprints directory providesinformation on the self-archiving policy ofjournals– Levels of “openness” in publishers agreements– DOJA -- Directory of Open Access Journals– Used to find Open Access Journals–
    17. 17. Sherpa/Romeo – 4 LevelsROMEOcolourArchiving policyNumber ofPublishersgreencan archive pre-print and post-print orpublishers version/PDF366bluecan archive post-print (i.e. final draft post-refereeing) or publishers version/PDF408yellow can archive pre-print (i.e. pre-refereeing) 138white archiving not formally supported 392
    18. 18. Other Useful Tools Sherpa/JULIET – Funders requirements– Ask me or Ask a Librarian–
    19. 19. Protecting Authors Rights What can you do with your article?– Publish on your website– Photocopy and pass out on street corners– Use in your course– Post to Subject Repositories– Submit to Journals– Tear up into little pieces and use for confetti May depend on Funding Source!
    20. 20. Important Rights - Copyright To publish/distribute work in print or othermedia To Reproduce/Copy Prepare Translations or Derivative Works To perform or display the work publicly To authorize others to have any of theserights – ability to transfer rights
    21. 21. Publishers Copyright TransferAgreements Historic Practice -- Transfer of ownership ofcopyright to publishers in exchange forpublication despite the restrictions it placeson your work Authors (you) would need to obtainpermission from the publisher for any ofthe rights transferred……
    22. 22. Interpreting AgreementsWhat to look for….– Posting to websites– Use in course packs– Use in other works– Placing in Institutional or Subject Repositories– Allowed methods of sharing– Permissions statement
    23. 23. Questions to Consider What rights are your giving up? What rights are important to you? How important are these rights?Items to consider…‒ Gov/Funder Rules/Regulations – NIH‒ University Guidelines – Senate Resolutions‒ Personal Preferences -- Open access
    24. 24. New Landscape for Authors
    25. 25. Retain Rights – 2 Options Retain only the Specific Rights You Need• Right to use/copy for educational purposes• Right to post to your website• Right to re-use your own work in another workBut otherwise transfer copyright to publisherOR2. Retain all Rights and License Specific Rights tothe Publisher such as right of 1st publication
    26. 26. Methods to Retain Rights1. Strike out the parts of the agreement thatyou wish to modify.2. Insert in the text of the agreement therights that you wish to retain.3. Attach an addendum to the publishingagreement which expressly sets forth therights retained by the author.
    27. 27. Editing Agreement Strike out wording– crossing out the specific clauses that you do notagree with and inserting by hand the rights youwish to retain. Review the publisher’s agreement form for….“SIGN HERE FOR COPYRIGHT TRANSFER: I hereby certify that Iam authorized to sign this document either in my own right oras an agent for my employer, and have made no changes tothe current valid document. . .”
    28. 28. Editing AgreementThe following is an example:“If there are any elements in this manuscript for which theauthor(s) hold and want to retain copyright, pleasespecify: __________________________.”[Physical Therapy, Journal of the American Physical TherapyAssociation]
    29. 29. Editing Agreements Any changes made directly on the formagreement must include….– the initials of the author and the initials of anauthorized representative of the publisher, whichare placed immediately adjacent to thehandwritten or typewritten change.– Any changes made and initialed by the author willhave no legal effect without the approval of thepublisher.
    30. 30. NIH ExampleAdd the following to a copyright agreement“Journal acknowledges that Author retains theright to provide a copy of the final peer-reviewedmanuscript to the NIH upon acceptance forJournal publication, for public archiving inPubMed Central as soon as possible but no laterthan 12 months after publication by Journal.”
    31. 31. Amendments to Agreements An addendum is an attachment to acontract or form that modifies, clarifies, oradds to the contract. If authors attach an addendum, add thestatement “Subject to AttachedAddendum” next to your signature on thepublisher copyright agreement form. Lots of Examples of Amendments
    32. 32. Amendments Creative Commons - The Scholar’s CopyrightAddendum Engine– SPARC– CIC – Committee on Institutional Cooperation–
    33. 33. Final Thoughts Publishers vs.Authors Creative Commons IDEALS
    34. 34. Open Access andCopyright/Creative Commons Open access is built upon authors retainingall or part of their initial rights undercopyright law. Creative Commons is an easy way totransfer rights – they allow creators tocommunicate which rights they reserve,and which rights they waive for the benefitof recipients or other creators.
    35. 35. IDEALS - University of IllinoisInstitutional Repository IDEALS is the digital repository for researchand scholarship - including published andunpublished papers, datasets, video andaudio - produced at the University ofIllinois. All faculty, staff, and graduate students candeposit into IDEALS.(
    36. 36. Q&A + Links SPARC• ACRL Scholarly Communications• University of Illinois – Author’s Rights Page•
    37. 37. So ……as an authoryou have evenmore decisionsto make…….including whatto do aboutyour rights….