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RE: Scholarly Publishing Groups Issue White Paper on
Chris Armbuster is mistaken in his interpretation of the recent
STM/PSP/ALPSP white paper on the balancing of academic and
publisher rights.
The White Paper is intended to bring to the attention of a wider
audience a few simple (but often overlooked) facts:
1) most scholarly journals have scholar-friendly practices with
regards to rights including the right for the author to use the
paper in their teaching and to provide copies to research
colleagues;
and
2) copyright itself is not a barrier to academic discussion and comment.
Some academic publishers in fact have policies for scholarly
authors that go well beyond, in terms of posting rights, the core
principles set out in the White Paper, and this document is not
intended at all to change such policies or erode author's
academic use rights. Rather it is intended to encourage all
scholarly journals to adopt policies which recognize the
legitimate needs of academics for their institutional and
teaching purposes.
Best
Michael A Mabe
Chief Executive Officer
International Association of STM Publishers
2nd Floor, Prama House
267 Banbury Road
OXFORD, OX2 7HT, UK
E-mail: mabe@stm-assoc.org
Web: www.stm-assoc.org
-----Original Message-----
From: Armbruster, Chris [mailto:Chris.Armbruster@EUI.eu]
Sent: 10 May 2007 22:52
To: liblicense-l@lists.yale.edu
Subject: RE: Scholarly Publishing Groups Issue White Paper on
"Exclusive rights are critical to administering the scientific
record and ensuring viable business models for journals."
http://www.pspcentral.org/ (scroll down)
With the White Paper "Author and Publishing Rights for Academic
Use: An Appropriate Balance", publishers are preparing legal and
policy moves to limit the sharing of published research articles
and data to the author"s institution, seemingly seeking to end
archiving and distribution of any post-print (by author, library
or institutional repository). Publishers are speaking of the need
to limit sharing to "internal institutional non-commercial
research and education purposes."
By contrast, in a recent paper I argue that nonexclusive
licensing is the way forward in the dissemination and
certification of research articles and data. The paper was
announced Winner: Writing Competition Yale Law Information
Society Project "Access to Knowledge" (2007) and International
Journal of Communications Law and Policy (IJCLP)
http://research.yale.edu/isp/eventsa2k2.html
"Cyberscience and the Knowledge-based Economy, Open Access and
Trade Publishing: From Contradiction to Compatibility with
Nonexclusive Copyright Licensing"
No change in copyright law is required. Universities, libraries,
research funders and scholars may implement all necessary
regulation for the emergence of a competitive market that will
ensure open access, maximise global inclusion and enhance impact.
All that is required are copyright policies that regulate for
nonexclusive licensing with some rights reserved (Attribution and
No Derivative Works).
The paper provides a full exposition of the argument (see
abstract below).
Abstract
Open source, open content and open access are set to
fundamentally alter the conditions of knowledge production and
distribution. Open source, open content and open access are also
the most tangible result of the shift towards e-Science and
digital networking. Yet, this article takes issue with widespread
misperceptions about the nature of this shift. The focus is on
knowledge distribution and scholarly publishing. It is argued, on
the one hand, that for the academy there principally is no
digital dilemma surrounding copyright and there is no
contradiction between open science and the knowledge-based
economy if profits are made from nonexclusive rights. On the
other hand, pressure for the "digital doubling" of research
articles in OA repositories (so-called green road) is misguided
and OA publishing (so-called gold road) has no future outside
biomedicine. Commercial publishers must understand that business
models based on the transfer of copyright have no future either.
Digital technology and its economics favour the severance of
distribution from certification.
What is required of universities and governments, scholars and
publishers, is to clear the way for digital innovations in
knowledge distribution and scholarly publishing by enabling the
emergence of a competitive market that is based on nonexclusive
rights. This requires no change in the law but merely an end to
the praxis of copyright transfer and exclusive licensing. The
best way forward is the adoption of standard copyright licenses
that reserve some rights, namely Attribution and No Derivative
Works, but otherwise will allow for the unlimited reproduction,
dissemination and use of the research article, commercial uses
included.
I would like to thank Theresa Velden for helping my to clarify
the structure of the argument. Paul Ginsparg (ArXiv), Thomas
Krichel (RePEc) and Gregg Gordon (SSRN) I thank for helping me
think through the issue of "first copy cost" for digital guild
publishing.
The Fondazione Anonio Ruberti (Roma, Italia) with EIROforum
(European Organisation for Nuclear Research (CERN); European
Fusion Development Agreement (EFDA); European Molecular Biology
Laboratory (EMBL); European Space Agency (ESA); European Southern
Observatory (ESO); European Synchrotron Radiation Facility
(ESRF); Institut Laue-Langevin (ILL) provided the scholarship
that made the research possible. It was undertaken as a Visiting
Fellow at the Robert Schuman Centre for Advanced Studies.
Chris Armbruster
Research Network 1989
Founder and Executive Director
http://www.cee-socialscience.net/1989/
-----Original Message-----
From: owner-liblicense-l@lists.yale.edu on behalf of Janice Kuta
Sent: Wed 5/9/2007 5:27 AM
To: liblicense-l@lists.yale.edu
Subject: Scholarly Publishing Groups Issue White Paper on
Academic Use of Journal Content
FOR RELEASE 9 MAY 2007
Scholarly Publishing Groups Issue White Paper on Academic Use of
Journal Content
Three prestigious organizations representing the international
scholarly publishing community today issued a White Paper on the
academic use of journal content. The position paper was issued
by the International Association of Scientific, Technical and
Medical Publishers (STM), the Professional and Scholarly
Publishing Division of the Association of American Publishers
(AAP/PSP) and the Association of Learned and Professional Society
Publishers (ALPSP) in an effort to create a more balanced
understanding of the actual rights policies in place at most
journals, and in the hope of tempering the often overheated
rhetoric regarding the role of copyright in scholarly
communication.
<snip>