Copyright Law’s Role in Advocacy and Education for Open Access Policies on Campus

“Over the past decade, colleges and universities have been adopting institutional open access (OA) policies that encourage, direct, or give rights to authors to make their research publicly available in institutional repositories (IRs). These networked databases are often created to serve these OA policies, distributing an author’s research to a global online audience. Without copyright law, these policies and the supporting IRs could not exist: copyright law is the engine of a successful OA policy and thereby a successful IR. In particular, US copyright law features a statute that allows creators to transfer rights for a work without actually giving up total control of it. These non-exclusive rights are the foundation of the OA movement in the US.

This chapter begins with a brief introduction to the benefits and management of OA policies, focusing on their basis in copyright law and author rights. It continues with an examination of the ongoing disagreements among OA practitioners and publishers about what OA actually means and how the term “open access” can pose communication and workflow challenges for those working with institutional OA policies. Within this context, the authors describe common OA policy workflows and the activities librarians undertake to determine what version of an article can be deposited in an IR as well as how to communicate these nuances to campus stakeholders. It concludes with advice on how an IR can be used to advocate for author rights and comply with copyright law.”

Principles and Implementation | Plan S

“With effect from 2021, all scholarly publications on the results from research funded by public or private grants provided by national, regional and international research councils and funding bodies, must be published in Open Access Journals, on Open Access Platforms, or made immediately available through Open Access Repositories without embargo….”

Wellcome updates open access policy to align with cOAlition S | Wellcome

“Following a large consultation, we have updated our open access (OA) policy so it now aligns with Plan S. The changes will apply from 1 January 2021. …

These are the key changes to our OA policy.  

 

  • All Wellcome-funded research articles must be made freely available through PubMed Central (PMC) and Europe PMC at the time of publication. We previously allowed a six-month embargo period. This change will make sure that the peer-reviewed version is freely available to everyone at the time of publication.
  • All articles must be published under a Creative Commons attribution licence (CC-BY), unless we have agreed, as an exception, to allow publication under a CC-BY-ND licence. We previously only required a CC-BY licence when an article processing charge (APC) was paid. This change will make sure that others – including commercial entities and AI/text-data mining services – can reuse our funded research to discover new knowledge.
  • Authors or their institutions must retain copyright for their research articles and hold the rights necessary to make a version of the article immediately available under a compliant open licence.
  • We will no longer cover the cost of OA publishing in subscription journals (‘hybrid OA’), outside of a transformative arrangement. We previously supported this model, but no longer believe that it supports a transition to full OA.  
  • Where there is a significant public health benefit to preprints being shared widely and rapidly, such as a disease outbreak, these preprints must be published:
    • before peer review
    • on an approved platform that supports immediate publication of the complete manuscript
    • under a CC-BY licence.

    This is a new requirement which will make sure that important research findings are shared as soon possible and before peer review.

  • Wellcome-funded organisations must sign or publicly commit to the San Francisco Declaration on Research Assessment(opens in a new tab) (DORA), or an equivalent. We may ask organisations to show that they’re complying with this as part of our organisation audits. This is a new requirement to encourage organisations to consider the intrinsic merit of the work when making promotion and tenure decisions, not just the title of the journal or publisher….”

Open Science essential for new Horizon Europe funding programme – SPARC Europe

“SPARC Europe is pleased with the endorsement, on April 17, by the European Parliament (EP) of the Political Partial Agreement on Horizon Europe, the next research and innovation framework programme. Back in March 2019, the EP and Council of the European Union had reached a provisional agreement as part of the trilogue process. That agreement was approved by the Council on April 15. With that vote, European legislators demonstrated that they stand “behind the idea to keep the EU at the forefront of global research and innovation,” said Carlos Moedas, Commissioner for Research, Science and Innovation, in an online statement. This agreement sends a strong signal about the importance of science and innovation for the future of Europe and shows Europe’s potential to lead in the promotion of Open Science and Open Access policies.”

UW Faculty Senate votes to support UW Libraries bargaining and licensing priorities in scholarly journal subscription negotiations — UW Libraries

On May 16, the UW Faculty Senate voted unanimously to approve a Class C Resolution expressing its support for the UW Libraries Licensing Principles and bargaining priorities in upcoming journal package negotiations with major journal publishers. The legislation, sponsored by the Faculty Council on University Libraries, endorses the Libraries’ negotiation and licensing priorities and voices support for:

  • Bringing down subscription costs and increases to a sustainable level that will not imperil other collection and service needs
  • Ending non-disclosure agreements to allow the Libraries to disclose their contractual terms and permit greater market transparency
  • Allowing interlibrary loan to facilitate resource sharing
  • Protecting the rights of users to share articles with students and colleagues
  • Ensuring the privacy and data security of all users
  • Protecting the ability of students and researchers to continue to access journals and articles
  • Supporting the University’s Open Access policies by allowing re-use and embargo-free deposit rights and protecting researchers’ copyright in their own research
  • Enabling greater market flexibility and responsiveness by negotiating contracts on a 3-year basis
  • Providing equitable service and access to information for all our library users….”

Short statement from the SG of AAU on Open Access to all HEIs on the continent | Association of African Universities

“Policies:

* In hiring, promotion, and tenure, the university will give due weight to all peer-reviewed publications, regardless of price or medium.

* faculty who publish articles must either (1) retain copyright and transfer only the right of first print and electronic publication, or (2) transfer copyright but retain the right of postprint archiving.

* Adopt policies encouraging or requiring faculty to fill the institutional archive with their research articles and preprints

* all theses and dissertations, upon acceptance, must be made openly accessible, for example, through the institutional repository or one of the multi-institutional OA archives for theses and dissertations.

* all conferences hosted at your university will provide open access to their presentations or proceedings, even if the conference also chooses to publish them in a priced journal or book. This is compatible with charging a registration fee for the conference.

* all journals hosted or published by your university will either be OA or take steps to be friendlier to OA. For example, see the list of what journals can do….”