[BOAI] Re: Like its Harvard model, Princeton OA Policy needs to add immediate-deposit requirement, with no waiver option

[P. Kangueane PhD]

Interesting question and it should be thought deeply.

Kangueane

-----Original Message-----
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of Allen Kleiman
Sent: Sunday, 2 October, 2011 4:55 AM
To: boai-forum at ecs.soton.ac.uk; liblicense-l at lists.yale.edu
Cc: 'American Scientist Open Access Forum'
Subject: [BOAI] Re: Like its Harvard model,Princeton OA Policy needs to add
immediate-deposit requirement,with no waiver option
Importance: High

I believe that the 'copyright' means nothing without the 'publishing'
rights.

Is this right?

Allen  

-----Original Message-----
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of Stevan Harnad
Sent: Saturday, October 01, 2011 9:16 AM
To: liblicense-l at lists.yale.edu
Cc: American Scientist Open Access Forum
Subject: [BOAI] Like its Harvard model, Princeton OA Policy needs to add
immediate-deposit requirement, with no waiver option

On Thu, Sep 29, 2011 at 7:02 PM, Rick Anderson <rick.anderson at utah.edu>
wrote:
>>This information comes courtesy of the IFLA copyright programme.=20 
>>Are Princeton's essentially the same terms/conditions as the=20 
>>Harvard Mandate?
>
> It looks like this is indeed just another non-mandatory=20 "mandate." 
> The language about each faculty member automatically=20 granting 
> Princeton a non-exclusive license to "exercise any and=20 all 
> copyrights in his or her scholarly articles published in any=20 
> medium," etc., is then followed by this important qualifier:=20 "Upon 
> the express direction of a Faculty member, the Provost or=20 the 
> Provost=B9s designate will waive or suspend application of this=20 
> license for a particular article authored or co-authored by that=20 
> Faculty member."
>
> So in other words, it's not an OA mandate, but rather an OA=20 
> "mandate." You're bound by it unless you ask not to be, in which=20 
> case you're not.

1. First, congratulations to Princeton University (my graduate alma
mater!) for adopting an open access mandate: a copyright-reservation policy,
adopted by unanimous faculty vote.
http://roarmap.eprints.org/520/

2. Princeton is following in the footsteps of Harvard in adopting the
copyright-reservation policy pioneered by Stuart Shieber and Peter Suber.
http://roarmap.eprints.org/75/

4. I hope that Princeton will now also follow in the footsteps of Harvard by
adding an immediate-deposit requirement with no waiver option to its
copyright-reservation mandate, as Harvard has done.
http://openaccess.eprints.org/index.php?/archives/545-guid.html

5. The Princeton copyright-reservation policy, like the Harvard
copyright-reservation policy, can be waived if the author wishes: This is to
allow authors to retain the freedom to choose where to publish, even if the
journal does not agree to the copyright-reservation.

6. Adding an immediate-deposit clause, with no opt-out waiver option,
retains all the properties and benefits of the copyright-reservation policy
while ensuring that all articles are nevertheless deposited in the
institutional repository upon publication, with no exceptions:
Access to the deposited article can be embargoed, but deposit itself cannot;
access is a copyright matter, deposit is not.
http://openaccess.eprints.org/index.php?/archives/364-guid.html

7. Depositing all articles upon publication, without exception, is crucial
to reaching 100% open access with certainty, and as soon as possible; hence
it is the right example to set for the many other universities worldwide
that are now contemplating emulating Harvard and Princeton by adopting open
access policies of their own; copyright reservation alone, with opt-out, is
not.
http://openaccess.eprints.org/index.php?/archives/494-guid.html

8. The reason it is imperative that the deposit clause must be immediate and
without a waiver option is that, without that, both when and whether
articles are deposited at all is indeterminate: With the added deposit
requirement the policy is a mandate; without it, it is just a
gentleman/scholar's agreement.

[Footnote: Princeton's open access policy is also unusual in having been
adopted before Princeton has created an open access repository for its
authors to deposit in: It might be a good idea to create the repository as
soon as possible so Princeton authors can get into the habit of practising
what they pledge from the outset...]

Stevan Harnad
EnablingOpenScholarship
http://www.openscholarship.org/
        
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