The OpenDOAR Policy Tool. Copyright management.

Iryna Kuchma, eIFL Open Access program manager, eIFL.netPresented at “Open Access: Maximising Research Impact” workshop,

May 26 2009, Birzeit University Library, Palestine

Thanks to the SHERPA Team

Especially Peter Millington, Technical Development Officer

for the slides

OA policy options

Open access policy options for funding agencies and universities

(Based on The SPARC Open Access Newsletter, issue #130 and The SPARC Open Access Newsletter, issue #127,

by Peter Suber: http://www.earlham.edu/~peters/fos/newsletter/02-02-09.htm

and http://www.earlham.edu/~peters/fos/newsletter/11-02-08.htm)

Request or require?

Recommendation:

If you're serious about achieving open access for the research you fund,

you must require it.

Green or gold?Recommendation:

If you decide to request and encourage open access, rather than a mandate it,

then you can encourage submission to an open access journal and encourage deposit in an open access repository as well, especially when researchers publish in a toll access

journal.

Green or gold?Recommendation:

But if you decide to mandate open access, then you should require deposit in an open access repository, and not require submission

to an open access journal, even if you also encourage submission to an open access

journal.

Deposit what?Recommendation:

Require the deposit of the final version of the author's peer-reviewed manuscript, not the published version. Require the deposit of data generated by the funded research project. In medicine and the social sciences, where privacy is an issue, open access data should be

anonymised. A peer-reviewed manuscript in an open access repository

should include a citation and link to the published edition.

Deposit what?Recommendation:

Allow the deposit of unrefereed preprints, previous journal articles, conference presentations (slides, text,

audio, video), book manuscripts, book metadata (especially when the author cannot or will not deposit

the full-text), and the contents of journals edited or published on campus.

The university itself could consider other categories as well, such as open courseware, administrative records,

and digitization projects from the library, theses and dissertations

Scope of policy?

Recommendation:

For simplicity and enforceability, follow the example of most funding agencies:

apply your open access policy to research you fund "in whole or in part"

What embargo?

Recommendation:

Cap the permissible embargo at six months. Any embargo is a compromise with the public

interest; even when they are justified compromises,

the shorter they are, the better.

What exceptions?Recommendation:

Exempt private notes and records not intended for publication.

Exempt classified research. Either exempt patentable discoveries or allow an

embargo long enough for the researcher to apply for a patent. (This could be a special embargo not

allowed to other research.) And unless you fund research, which often results in

royalty-producing books, exempt royalty-producing books.

Managing rights for OAAs content producers

(responsible for licensing- out), universities need to deal with ownership of rights

in material produced by academics, researchers etc- rights to be granted to others

publishers; - users and re-users

Copyright ManagementProvide Intellectual Property Rights support by

a. Admitting to the challenges and fears surrounding IPR; empathise with the author

b. Emphasising what can be done rather than what not

c. Analysing the publisher challenges within your specific subject communities

where different challenges will be apparent From Proudman, V. (2007) The population of repositories. In Eds. K. Weenink, L.Waaijers and K. van Godtsenhoven, A DRIVER's Guide to European

Repositories (pp.49 - 101)

Permissions

Copyright Management 2d. Ensuring that your IR team liaising with the author

is informed and up-to-date on self-archiving and related publisher policies

e. Utilising and monitoring tools such as Sherpa/RoMEO to support you in your information.

f. Liaising with publishers on a case by case basis if time and resources allow

From Proudman, V. (2007) The population of repositories. In Eds. K. Weenink, L.Waaijers and K. van Godtsenhoven, A DRIVER's Guide to European Repositories (pp.49 - 101)

Copyright management 3g. Encouraging your authors to liaise with publishers

on the self-archival of their own work, striving for the immediate deposit of publications in repositories in

the future

h. Discussing with your authors how to improve the dissemination of their work in the future

and experimenting with them on making more material open access

i. Securing agreements between Library and author where possible– From Proudman, V. (2007) The population of repositories. In Eds. K. Weenink, L.Waaijers and K. van Godtsenhoven, A DRIVER's Guide to

European Repositories (pp.49 - 101)

Repository Deposit Licenseensures that depositors own copyright

in the material they are depositing or have permission from the copyright owner

to deposit;

and grants to the repository the necessary rights

to make the material available to end-users

(from A Guide to Developing Open Access Through Your Digital Repository by Kylie Pappalardo and Dr Anne Fitzgerald, Open Access to Knowledge Law Project: http://eprints.qut.edu.au/archive/00009671/01/9671.pdf)

Author Distribution AgreementDo you want to provide a facility

to enable authors to enter into an Author Distribution Agreement with end-users,

for example by attaching a Creative Commons license to their work?

Require end-users to agree (through a click-wrap agreement)

to the terms of the Author Distribution Agreement or the Repository Distribution (End-User) Agreement

(from A Guide to Developing Open Access Through Your Digital Repository by Kylie Pappalardo and Dr Anne Fitzgerald, Open Access to Knowledge Law Project: http://eprints.qut.edu.au/archive/00009671/01/9671.pdf)

Creative Commons

PlagiarismIf articles are easily available,

then plagiarism will be made easier?

“In fact, plagiarism is diminished as a problem. It is far easier to detect if the original,

date-stamped material is freely accessible to all, rather than being hidden in an obscure

journal.”

(http://www.driver-support.eu/faq/oafaq.html )

Plagiarism 2How can I protect myself from plagiarism,

or from someone altering my paper and using it in a way I disapprove of?

“It is easier to detect simple plagiarism with electronic than with printed text by using

search engines or other services to find identical texts. For more subtle forms of misuse,

the difficulties of detection are no greater than with traditional journal articles.

(JISC Opening up Access to Research Results: Questions and Answers, www.jisc.ac.uk/publications )

Plagiarism 3

Indeed, metadata tagging, including new ways of tracking

the provenance of electronic data and text, promise to make it easier.”

(JISC Opening up Access to Research Results: Questions and Answers, www.jisc.ac.uk/publications )

Plagiarism 4

In the early days, some authors worried that OA

would increase the incentive to plagiarize their work. But this worry made no sense

and has not been borne out. On the contrary.

OA might make plagiarism easier to commit, for people trolling for text to cut and paste.

http://www.earlham.edu/~peters/fos/newsletter/10-02-06.htm#quality

Plagiarism 5

But for the same reason, OA makes plagiarism more hazardous to commit.

Insofar as OA makes plagiarism easier, it's only for plagiarism from OA sources.

But plagiarism from OA sources is the easiest kind to detect.

Not all plagiarists are smart, of course, but the smart ones are steering clear of OA sources.

http://www.earlham.edu/~peters/fos/newsletter/10-02-06.htm#quality

Plagiarism 6For the same reason,

they'll avoid OA dissemination for any of their own works

containing plagiarized passages. http://www.earlham.edu/~peters/fos/newsletter/10-02-06.htm#quality

Plagiarism 7

Discovering and deterring duplicate publications

A study in the January 24 issue of Nature turned up 200,000+ duplicate articles

in journals indexed by Medline.

http://www.earlham.edu/~peters/fos/2008/01/discovering-and-deterring-duplicate.html

Plagiarism 8

As the OA percentage of the literature continues to grow,

journals wishing to avoid publishing a duplicate or plagiarized article

will find it easier to discover potential problems in advance of publication.

Likewise, journals that don't care, or with the opposite desire,

will find it harder to publish duplicates undetected. http://www.earlham.edu/~peters/fos/2008/01/discovering-and-deterring-duplicate.html

Action Steps ChecklistHere is a summary of key steps

to implementing a University License policy at your institution:

1. Identify key internal supporters and champions.

2. Research your institution’s rules and procedures to understand the right processfor initiating the policy change.

Action Steps Checklist 2

3. Work with provosts, faculty governance, and the general counsel’s office to determine critical policy

and legal requirements that must be met by the policy.

4. Work with an existing faculty committee or create an ad-hoc committee

to study your institution’s scholarly communications policy.

Action Steps Checklist 3

5. Communicate the plan to faculty and key stakeholders and conduct surveys or obtain other

feedback to determine faculty support.

6. Identify and take advantage of events for education and awareness building, such as seminars, discussion

panels, presentations, and colloquia. Consider holding a workshop to discuss open access.

Action Steps Checklist 47. Develop a set of policy recommendations, including

the scope of the University License, the deposit requirement, and opt-out provisions.

8. Identify critical resources and support that will be needed to implement the policy,

including responsibility for maintaining an institutional archive.

Prepare to provide resources to assist faculty in complying with the policy and working with publishers.

Action Steps Checklist 59. Plan for success: work with the institution library

to make sure there is a repository to maintain and allow download of deposited articles

and that it has sufficient capacity – or that there is a plan to create one.

10. Find the faculty who already are posting their work on the Internet by searching the Web and asking around.

By their actions, they are signalling an understanding of why open access is important.

Do the librarians have stories of access problems faced by faculty or other researchers?

HarvardHarvard’s Faculty of Arts and Sciences

voted to adopt a policy under which

(1) faculty are required to deposit a copy of their scholarly journal articles

in an institutional repository and

(2) automatically to grant to the University a University License to make those articles openly

accessible on the Internet.

Harvard 2The Faculty of Arts and Sciences of Harvard University is

committed to disseminating the fruits of its research and scholarship

as widely as possible. In keeping with that commitment,

the Faculty adopts the following policy:

Each Faculty member grants to the President and Fellows of Harvard College permission

to make available his or her scholarly articles and to exercise the copyright in those articles.

Harvard 3In legal terms, the permission granted

by each Faculty member is a nonexclusive, irrevocable, paid-up, worldwide

license to exercise any and all rights under copyright relating to each of his/her scholarly

articles, in any medium, and to authorize others to do the same,

provided that the articles are not sold for a profit.

Thank you!Questions?

Iryna Kuchmairyna.kuchma[at]eifl.net; www.eifl.net

The presentation is licensed with Creative Commons Attribution 3.0 License