Let Canada Be First to Turn an Open Access Research Policy into a Legal Right to Know | John Willinsky | Slaw

“Canada’s three federal research funding agencies – the Canadian Institutes of Health ($1 billion annual budget in 2016-17), the Natural Sciences and Engineering Research Council of Canada ($1.1 billion), the Social Science and Humanities Research Council of Canada ($380 million) – instituted an intellectual property law exception in 2014. It effects the publication of research and scholarship resulting from grants which they have awarded. What began with CIHR in 2008, evolved six years later into Tri-Agency Policy on Open Access Policy on Publications. Under this policy “grant recipients are required to ensure that any peer-reviewed journal publications arising from Agency-supported research are freely accessible within 12 months of publication.”

I raise this policy because, what began a decade ago, has only grown in scope, in Canada and globally, suggesting open access is here to say. This seems worth considering in terms of its implications for the Canadian government’s current review and potential reform of the Copyright Act.

The first thing to note with Tri-Agency Policy is that it considerably abridges the author and publisher’s right to restrict access, limiting it to twelve months rather fifty years after the author’s death (whether the author retains the copyright or assigns it to the publisher, which is often a condition for publication in scholarly publishing). This is a radical turnaround, given that Canada, like other countries, had previously done nothing but extend the copyright term limit, from the original twenty-eight years, with a fourteen-year extension, of the first Copyright Act of 1875….”

Let Canada Be First to Turn an Open Access Research Policy into a Legal Right to Know | John Willinsky | Slaw

“Canada’s three federal research funding agencies – the Canadian Institutes of Health ($1 billion annual budget in 2016-17), the Natural Sciences and Engineering Research Council of Canada ($1.1 billion), the Social Science and Humanities Research Council of Canada ($380 million) – instituted an intellectual property law exception in 2014. It effects the publication of research and scholarship resulting from grants which they have awarded. What began with CIHR in 2008, evolved six years later into Tri-Agency Policy on Open Access Policy on Publications. Under this policy “grant recipients are required to ensure that any peer-reviewed journal publications arising from Agency-supported research are freely accessible within 12 months of publication.”

I raise this policy because, what began a decade ago, has only grown in scope, in Canada and globally, suggesting open access is here to say. This seems worth considering in terms of its implications for the Canadian government’s current review and potential reform of the Copyright Act.

The first thing to note with Tri-Agency Policy is that it considerably abridges the author and publisher’s right to restrict access, limiting it to twelve months rather fifty years after the author’s death (whether the author retains the copyright or assigns it to the publisher, which is often a condition for publication in scholarly publishing). This is a radical turnaround, given that Canada, like other countries, had previously done nothing but extend the copyright term limit, from the original twenty-eight years, with a fourteen-year extension, of the first Copyright Act of 1875….”

Anatomy of green open access – Björk – 2013 – Journal of the Association for Information Science and Technology

“Abstract: Open access (OA) is free, unrestricted access to electronic versions of scholarly publications. For peer-reviewed journal articles, there are two main routes to OA: publishing in OA journals (gold OA) or archiving of article copies or manuscripts at other web locations (green OA). This study focuses on summarizing and extending current knowledge about green OA. A synthesis of previous studies indicates that green OA coverage of all published journal articles is approximately 12%, with substantial disciplinary variation. Typically, green OA copies become available after considerable time delays, partly caused by publisher-imposed embargo periods, and partly by author tendencies to archive manuscripts only periodically. Although green OA copies should ideally be archived in proper repositories, a large share is stored on home pages and similar locations, with no assurance of long-term preservation. Often such locations contain exact copies of published articles, which may infringe on the publisher’s exclusive rights. The technical foundation for green OA uploading is becoming increasingly solid largely due to the rapid increase in the number of institutional repositories. The number of articles within the scope of OA mandates, which strongly influence the self-archival rate of articles, is nevertheless still low.”

Open and Shut?: Realising the BOAI vision: Peter Suber’s Advice

Peter Suber’s high-priority recommendations for advancing OA.

The right to share in Open Access

“It can be difficult for researchers to understand what are their author rights, what articles they can archive in Open Access… Fortunately, political decisions are taken across Europe to strongly authorize free dissemination of knowledge. In Belgium, Wallonia-Brussels Federation has presented a decree in order to authorize the Open Access deposit of publicly funded research. Moreover, the federal government plans to propose a bill in this regard in 2018. The preliminary draft decree defining an Open access policy for publicly funded scientific publications in Wallonia-Brussels Federation (FWB) has passed second reading by the FWB government. This preliminary draft decree proposed by the Minister of Higher Education, Scientific Research and Media Jean-Claude Marcourt is intended to allow scientific publications of publicly funded research to be freely shared and disseminated. This takes place in the context of the Open Science movement promoted by the FWB.”

The right to share in Open Access

“It can be difficult for researchers to understand what are their author rights, what articles they can archive in Open Access… Fortunately, political decisions are taken across Europe to strongly authorize free dissemination of knowledge. In Belgium, Wallonia-Brussels Federation has presented a decree in order to authorize the Open Access deposit of publicly funded research. Moreover, the federal government plans to propose a bill in this regard in 2018. The preliminary draft decree defining an Open access policy for publicly funded scientific publications in Wallonia-Brussels Federation (FWB) has passed second reading by the FWB government. This preliminary draft decree proposed by the Minister of Higher Education, Scientific Research and Media Jean-Claude Marcourt is intended to allow scientific publications of publicly funded research to be freely shared and disseminated. This takes place in the context of the Open Science movement promoted by the FWB.”

Recent Developments in US Federal Open Access Policies: FASTR Moves Slower – Copyright Clearance Center

“On July 26, H.R. 3427, the Fair Access to Science and Technology Research Act (FASTR), was reintroduced in the US House of Representatives by Michael Doyle [D-PA-14]. This was followed by a similar bill in the Senate, S. 1701, reintroduced there on August 2 by Sen. John Cornyn [R-TX]. Essentially similar versions of these bills have been placed in the legislative hopper for three sessions now, introduced by mostly the same Senators and Representatives.

In 2013, under the Obama Administration, the introduction of FASTR was accompanied by an Office of Science and Technology Policy (OSTP) policy guidance memorandum which required all Federal agencies with annual R&D award budgets over $100 million to develop plans to support “increased public access.””

Open Access in Konstanz | Friedrichshafen | SWR Aktuell | SWR.de

from Google tranlate: “The Administrative Court in Mannheim is concerned on Tuesday with a complaint by professors of the University of Konstanz. The question is whether and when research should be made available free of charge.”

Australian Government Response to the Productivity Commission Inquiry into Intellectual Property Arrangements

At p. 18: “Recommendation 16.1 The Australian, and State and Territory governments should implement an open access policy for publicly funded research. The policy should provide free and open access arrangements for all publications funded by governments, directly or through university funding, within 12 months of publication. The policy should minimise exemptions. The Australian Government should seek to establish the same policy for international agencies to which it is a contributory funder, but which still charge for their publications, such as the Organisation for Economic Cooperation and Development….”