[BOAI] Re: Is It True That It's Illegal To Mandate Green OA Self-Archiving in Germany?

[Stevan Harnad]

Apparently it is indeed untrue that it's illegal to mandate Green OA
self-archiving in Germany. (Many thanks to Eloy Rodrigues for forwarding
the following.)

On 26/11/2012 09:03, "Eloy Rodrigues" <eloy at sdum.uminho.pt> wrote:

The speech from the German ambassador at Berlin 10 is available here:
http://www.southafrica.diplo.de/Vertretung/suedafrika/en/__pr/Speeches-Freitag/11-07-2012-Open-Access.html?archive=3519722

It has… announced  [the] new German law for Open Access….

*“The German government is currently introducing legislation guiding the
implementation process of Open Access. It will take into account our
constitutionally guaranteed rights, especially freedom of expression,
freedom of scientific research and intellectual property rights. Against
that background, the envisaged reform of our copyright and intellectual
property law will, as a first step, most likely follow along the lines of
the “Green Road”...l”*


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On Mon, Nov 26, 2012 at 9:31 AM, Stevan Harnad <amsciforum at gmail.com> wrote:

> We have heard it repeatedly claimed<http://www.google.ca/search?hl=en&lr=&q=harnad%20OR%20Harnad%20OR%20archivangelism+blogurl:http://openaccess.eprints.org/&ie=UTF-8&tbm=blg&tbs=qdr:m&num=100&c2coff=1&safe=active#hl=en&lr=&c2coff=1&safe=active&tbm=blg&sclient=psy-ab&q=(german+OR+germany)+(Copyright+OR+freedom+OR+legal+OR+freedom)+blogurl:http%3A%2F%2Fopenaccess.eprints.org%2F&oq=(german+OR+germany)+(Copyright+OR+freedom+OR+legal+OR+freedom)+blogurl:http%3A%2F%2Fopenaccess.eprints.org%2F&gs_l=serp.12...30593.32815.3.35597.11.11.0.0.0.3.350.1283.5j4j0j1.10.0.les%3B..0.1...1c.1.WkMCZbfWLzU&pbx=1&bav=on.2,or.r_gc.r_pw.r_cp.r_qf.&fp=3021f0429232a004&bpcl=38625945&biw=1263&bih=683>,
> without evidence or argument, that in Germany it would be illegal<https://plus.google.com/u/0/109377556796183035206/posts/drJqNn5oZNy> to
> mandate that authors self-archive their final drafts of peer-reviewed
> articles because it would be a "violation of academic freedom."
>
> I have never believed this claim, and do not even think it is coherent.
>
> A Green OA self-archiving mandate leaves authors free to publish whatever
> they wish and to publish it in whatever journal they wish. It merely
> requires them to deposit the final, accepted draft in an institutional
> repository.
>
> (Most Green OA mandates don't even require the deposit to be made OA
> immediately: they allow it to be left in Closed Access during a publisher
> embargo period: About 60% of journals do not have OA embargoes; 40% have
> embargoes of from 6-12 months to several years or more.)
>
> Hence the requirement to deposit is merely an administrative mandate --
> like requiring that publications be submitted electronically rather than on
> paper, for performance evaluation. (Was that a violation of academic
> freedom in Germany too?)
>
> The "illegal in Germany" claim has been made over and over, in and about
> Germany. It invariably turns out to be based on the incorrect assumption
> that it entails putting a constraint on authors' academic freedom. Instead
> of just repeating the claim, like hearsay, endlessly, I urge advocates and
> opponents of OA alike to first get it clear in their minds exactly what a
> Green OA self-archiving mandate mandates, and then to state explicitly how
> or why it violates authors' academic freedom.
>
> But be careful not to conflate Green OA self-archiving mandates with Gold
> OA publishing mandates: The latter would require authors to publish in Gold
> OA journals rather than their journals of choice; or they would forbid
> authors to publish in journals that embargo Green OA. Such mandates would
> indeed be constraining authors' academic freedom.
>
> But Gold OA publishing is not what most OA mandates require. They just
> require Green OA self-archiving. (See ROARMAP<http://roarmap.eprints.org/> --
> and you will see that there are already some Green OA mandates in Germany.)
>
> Stevan Harnad
>
> Further discussion:
> http://openaccess.eprints.org/index.php?/archives/959-.html
>
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