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Thread: RE: NIH Public Access Mandate Passes Senate




RE: NIH Public Access Mandate Passes Senate
country flaguser name
United States
2007-10-31 17:10:17
What Joe proposes (that funding agencies own the copyright
of the 
works they pay authors to write and then take responsibility
for 
the dissemination of that work) happens already in the world
of 
intergovernmental organisations (IGOs) like the UN, World
Bank, 
IMF, OECD et al. Everything published has the institution's

copyright and the institution takes responsibility for 
dissemination. Sometimes we even co-publish reports under
joint 
copyrights. This is not a new system, it's been in place for

years - certainly pre-internet.

So perhaps it might be interesting to look and see what
happens 
with this model. Is everything available for free? Is
everything 
published so that it is easily discoverable? Can you rely on

their websites to find archival content?

>From what I know I can say that, yes, most reports are
available 
for free, but this is not universally true. IGO websites are
not 
usually well organised (because their funding is seldom a
key 
priority) so reports are not easily discoverable. Is the
archive 
well managed - no. Indeed, in many cases the institution 
delegates the responsibility to post and manage content to 
authors and they often move or delete older reports without

thinking of the consequences.

It is also true that most IGOs have contracted out the
publishing 
of their research journals to specialist journal publishers

(often commercial) because they couldn't provide the
investment 
and support needed to develop the journals. In some cases, 
reports are also contracted out to book publishers for the
same 
reasons. The pressure to outsource is currently growing in
IGOs.

Virtually all IGOs run their publishing operations at a loss
and 
funding for these losses is getting harder and harder to
find as 
member governments squeeze budgets. In some cases the
posting of 
reports online for free has badly eroded the revenue streams
from 
selling publications, causing financial problems. As with
many 
university presses, it is often the publishing operation
that 
gets hit when the squeeze is on as this activity is not 
considered 'core'.

Larger IGOs like World Bank, OECD and the main parts of the
UN 
have in-house publishing operations that work with the
authors to 
improve their original manuscripts and promote the resultant

reports. The financial squeeze means there is less support
for 
authors and fewer resources for promotion efforts.
(Promotion 
might not seem important, but what is the point of putting
out a 
report if no-one reads it?) It is also noticeable that small
IGOs 
are struggling to get their reports 'out there' because they

don't have the in-house resources and skills to publish
their 
work properly. Two things here: firstly, IGOs have employed

publishing staff to support authors - will funding agencies
end 
up doing the same? Secondly, size seems to matter - will
smaller 
funding agencies find they have a 'scale' problem?

Toby Green
Head of Publishing, OECD

-----Original Message-----
[mailto:owner-liblicense-llists.yale.edu] On Behalf
Of Joseph J. Esposito
Sent: 31 October, 2007 12:57 AM
To: liblicense-llists.yale.edu
Subject: Re: NIH Public Access Mandate Passes Senate

Mandating a nonexclusive right means that the author does
not 
fully control the rights.  Okay, fair enough:  if you don't

believe that an author should have the full rights, why not
just 
say that?  Saying one own something except for when one
doesn't 
isn't persuasive.

As I said in my original post, I have no problem with saying
that 
work funded by a third party should be considered a work for

hire.  What I find troubling is the pretense that this is
about 
authors' rights when it in fact is taking away some authors'

rights.

And this is why mandates are necessary, because open access
does 
not have the full support of the authors themselves.  There
are 
exceptions to this and they are significant.

My own view of a better policy (seconding in part Ann
Okerson's 
recent comment to this list, but I doubt she would extend
the 
remark as I am) is that government-funded research should be

written up and posted to government-funded open access Web
sites 
without an embargo.  In this formulation the author (really
"the 
writer") has no rights in the work except for those the
granting 
body chooses to assign to him or her.  In some instances,
the 
funding agency may choose to claim authorship of this work,
as 
the work-for-hire statute provides (as in "copyright
(c) by the 
NIH").

This will ultimately be much more expensive than the current

system, but if costs were the issue, we wouldn't be talking
about 
open access to begin with.

Joe Esposito


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