[GOAL] Re: Elsevier is taking down papers from Academia.edu
Jean-Claude Guédon
jean.claude.guedon at umontreal.ca
Tue Dec 10 14:51:23 GMT 2013
I will go one step further:
I believe that all the instances noted by Peter are not simply
oversights; I believe they are part of a kind of "benign neglect" aimed
at creating as much confusion as possible. The result is that
researchers do not know which way to and, therefore, abstain.
At least, if I were a strategist within one of these big publishers,
this is what I would strive to do: avoid direct confrontation and muddy
the waters as much as you can while optimizing the revenue stream from
whatever source.
Jean-Claude Guédon
Le mardi 10 décembre 2013 à 13:05 +0000, Peter Murray-Rust a écrit :
> There is a general point: the Elsevier site(s) are riddled with Open
> Access inconsistencies. I have discovered at least:
>
>
>
> * open access articles behind paywalls
>
>
> * articles advertised as open access but not labelled anywhere
>
>
> * (private correspondence) articles paid for as open access but never
> posted as such (espite correspondence by authors)
>
>
> * articles without any statement of open access (IMO both the HTML and
> PDF should have clear statements)
>
> * articles with conflicting messages (CC-BY and "All rights reserved")
>
>
> There are other serious deficiencies:
>
> * the licence is often many pages down the paper (e.g. just before the
> references and very difficult to locate). It must be on the visible
> section of page 0.
>
> * the Rightslink is seriously broken.
>
>
> All this gives the consistent impression (over at least a year) of an
> organisation which doesn't care about doing it properly and/or isn't
> competent to do it. It is clearly a case of retrofitting something
> that hasn't been prepared for, and without enough investment.
>
>
> The whole area Open-access provided by Toll-Access publishers cries
> out for a body which creates acceptable practice guidelines, monitors
> compliance, fines offenders and restores mispaid APCs to authors. If
> an author pays 5000 USD for a product they deserve better than this.
>
>
> Elsevier are the worst offender that I have investigated, followed by
> Springer who took all my Open Access images, badged them as (C)
> SpringerImages and offered them for resale at 60 USD per image. Just
> because OA is only 5% of your business doesn't mean practice can be
> substandard.
>
>
>
>
> On Tue, Dec 10, 2013 at 12:06 PM, Heather Morrison
> <Heather.Morrison at uottawa.ca> wrote:
>
> Thank you for the clarification, Alicia and Graham.
>
> However, on the Elsevier "copyright when publishing open
> access" page, it states that under the Exclusive License
> Agreement used with open access journals, "Elsevier is
> granted"..."An exclusive right to publish and distribute an
> article".
> From:
> http://www.elsevier.com/about/open-access/open-access-policies/author-agreement
>
> Also the graph on this page shows a one-way distribution from
> publisher to user. Whoever created this graph obviously does
> not understand open access. There is no author to publisher
> (for final version) to repository to whoever option
> illustrated, for example, and no publisher to user to
> downstream user who receives article from someone other than
> the publisher.
>
> Open access means that anyone can distribute the article. Even
> with CC restricted licenses, the restrictions are specific to
> certain types of uses (e.g. can distribute but not for
> commercial gain - NC; can distribute but not change - ND; can
> distribute and create derivatives but derivatives must have
> the same license - SA). An article that cannot be distributed
> by others is not open access.
>
> It would be helpful to review the actual author's agreement. I
> don't see a link from the Elsevier site - can you point me to
> a link?
>
> best,
>
> Heather Morrison
>
>
> On 2013-12-10, at 5:26 AM, Wise, Alicia (ELS-OXF) wrote:
>
> > Thank you, Graham – all correct, and more clear and concise
> than I would have been!
> >
> > With kind wishes,
> > Alicia
> >
> > Dr Alicia Wise
> > Director of Access and Policy
> > Elsevier I The Boulevard I Langford Lane I Kidlington I
> Oxford I OX5 1GB
> > M: +44 (0) 7823 536 826 I E: a.wise at elsevier.com
> > Twitter: @wisealic
> >
> > From: goal-bounces at eprints.org
> [mailto:goal-bounces at eprints.org] On Behalf Of Graham Triggs
> > Sent: Tuesday, December 10, 2013 1:31 AM
> > To: Global Open Access List (Successor of AmSci)
> > Subject: [GOAL] Re: Elsevier is taking down papers from
> Academia.edu
> >
> > On 9 December 2013 00:20, Heather Morrison
> <Heather.Morrison at uottawa.ca> wrote:
> > Alicia,
> >
> > According to your statement below, with CC-BY the only
> restriction placed by Elsevier is for attribution. However,
> the Elsevier open access license policy clearly states that
> Elsevier demands an exclusive license to publish with open
> access works (including CC-BY). Can you explain this
> discrepancy?
> >
> > I don't believe this is a discrepancy. What it is saying
> that the definitive record is published by Elsevier, and the
> author provides an exclusive licence in order to do so.
> >
> > Re-publishing, or re-distributing via any other venue
> constitutes a derivative work, which is permissible and does
> not conflict with the exclusive licence (which is only on the
> definitive record, not the derivative) - providing the proper
> attribution is in place.
> >
> > Without the exclusive licence to the definitive record, then
> as the author retains copyright, then in theory the author
> could authorize publishing of a version of the definitive
> record without attribution to the Elsevier version.
> >
> > It's a question of preserving the version of record. The
> difference between the author providing a licence to Elsevier
> to distribute an article under CC-BY, and the author providing
> a CC-BY licence to Elsevier.
> >
> > Comment: Based on this wording it is clear that Elsevier is
> requiring an exclusive publishing license. This is not
> compatible with your explanation below that nothing is
> required beyond attribution as required by the CC-BY license.
> >
> > It is consistent - the article can be re-published
> elsewhere, providing it is accordance with the CC-BY licence,
> including attribution to the definitive record as published by
> Elsevier.
> >
> > G
> >
>
> > Elsevier Limited. Registered Office: The Boulevard, Langford
> Lane, Kidlington, Oxford, OX5 1GB, United Kingdom,
> Registration No. 1982084, Registered in England and Wales.
> >
>
> > _______________________________________________
> > GOAL mailing list
> > GOAL at eprints.org
> > http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
>
> --
> Dr. Heather Morrison
> Assistant Professor
> École des sciences de l'information / School of Information
> Studies
> University of Ottawa
>
> http://www.sis.uottawa.ca/faculty/hmorrison.html
> Heather.Morrison at uottawa.ca
>
>
>
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>
>
>
>
> --
> Peter Murray-Rust
> Reader in Molecular Informatics
> Unilever Centre, Dep. Of Chemistry
> University of Cambridge
> CB2 1EW, UK
> +44-1223-763069
>
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--
Jean-Claude Guédon
Professeur titulaire
Littérature comparée
Université de Montréal
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