Benefits Increased visibility (and potentially re-use) More locations – copy always available Remove price barriers and permission barriers Enables re-use in teaching without having to ask permission
Gold involves payment to a publisher but green does not. The next REF favours the GREEN method, i.e. you should not have to pay to make your work OA – just put it in the repository.
Some journals are ‘Gold OA only’ e.g. their business model is that they charge an APC for every article they publish but it is free for anyone to look at without having to subscribe.
Researchers need to be aware of ‘predatory publishers’ who usually approach the researcher, and unfortunately these publishers often present themselves as Gold OA because we often expect this to solicit a fee. If researchers have their doubts, they can consult various tools (listed at the end) such as the Directory of Open Access Journals (DOAJ), the OA Scholarly Publishers Association (OASPA) and the Think-Check-Submit website.
Most journals are ‘Hybrid’, e.g. they require a subscription (often at great expense to the institutions) to read its contents. Due to the OA mandates of (mostly European) governments and research agencies, publishers allow authors to deposit a copy of their work in their institutional repository for anyone to read, but it is nearly always subject to an embargo.
The REF allows embargos between 12 – 24 months, depending on the subject area. The embargos are usually shorter for STEM subjects as the ‘half life’ of a paper is often considered shorter as research progresses quicker (so publishers lose less revenue by making STEM papers available quicker than humanities)
Degree of openness independent of impact, prestige, quality of peer review, peer review methodology, sustainability, article quality
Not peer reviewed: No. Access policy does not determine it’s peer review policy. Most scholarly journals are peer-reviewed. If publishing in a hybrid journal the submission, peer review, or editorial process is the same whether you pay to make your paper OA or not.
Not subject to copyright: No. The same options exist when publishing OA or not. Depending on the license options offered either the author or the publisher will retain copyright.
Lower impact factors: No. There are high impact factor open access journals in a wide range of disciplines.
Researchers have access already: No. Increasing amount of OA material available – using in repositories, still represents a fraction of published output. Some publisher policies make it difficult for authors to deposit in repositories.
Damages scholarly publishing industry: No. Publisher will have to adjust existing economic models. Collaboration of all parties involved required to build funding models for the future.
The tools displayed all search the web for legal OA versions of research, all of them search institutional repositories around the world, author blogs, pre-print servers (e.g. arxiv.org and SSRN) using APIs and aggregators.
They have web browser extensions that you click when you’ve hit a paywall and it’ll search for an OA version for you.
The Open Access environment for books has not developed as much as for journals but there are some quality resources and initiatives underway
A) Who owns the work/research outputs? Institution, Funder, Research Team jointly or just You? Avoids disputes at a later stage when you want to publish/commercialise etc.
B) This will have a bearing on the Copyright Permission requests, but also the funding e.g. Results presented in several publications or a broadcast/film will incur additional costs which will require funding.
C) Costs will depend on what type and how much third party content you will be using and can mount up in staff time, researching and clearing copyright in addition to the clearance fee you may have to pay. It is much easier to establish ownership, clear rights or to find copyright free or permissible material, than to negotiate or seek permissions retrospectively. e.g. permissions can be declined, be too costly or the rights owners may be untraceable (orphan works).
D) e.g. can be a simple Excel Spreadsheet or Access Database etc.
Courseware is produced under normal contractual duties therefore is owned by the employer, Middlesex University. IP Policy also specifies what the University permits to be done with University owned works.
Applies to Copyright Designs & Patents Act Fall under ‘fair dealing’
Intellectual Property Office IPO Guidelines
Underlined exceptions are new or amended as of June and October 2014. New provisions (S.29A & B in particular) hotly resisted by rights owners. Open to debate: How do you quote a fair proportion of an image/artistic work? Is the whole work fair? Parody (Exception) v Derogatory treatment (moral right) Deckmyn v. Vandersteen, C-201/13)
Only CLA has a provision for multiple copies made for commercial or non-commercial research under the usual limitations GNU – Open Source software licensing Copyright Hub = New Government created licensing database and service for the use of Orphan Works. Must have evidence of a diligent search before applying for a licence. Licence will be valid until, and fee held in the event a copyright owner comes forward.
Note – this isn’t just about re-using other people’s work but if you have signed away the rights to your own work to the publisher you may have to ask permission to re-use it
They will always err on the side of caution e.g. A journal publisher has recently advised an author to add the (R) Registered Trademark Symbol alongside every appearance of the word ‘Twitter’, in an article about the social network medium ‘Twitter’.
Open Access, e-theses, copyright, intellectial property training
Making your thesis Open Access
Copyright & IP
Vimal Shah Kate Vasili
Research Information Manager Copyright Officer
Library and Student Support