[GOAL] On Author/Publisher Agreements

Stevan Harnad amsciforum at gmail.com
Fri May 3 14:53:56 BST 2013


On Fri, May 3, 2013 at 9:08 AM, <brentier at ulg.ac.be> wrote:

> Elsevier's policy is now clear:
> *Accepted author manuscripts (AAM)<http://www.elsevier.com/about/open-access/open-access-policies/article-posting-policy#accepted-author-manuscript>
> *: Immediate posting and dissemination of AAM’s is allowed to personal
> websites, to institutional repositories, or to arXiv. However, if your
> institution has an open access policy or mandate that requires you to post,
> Elsevier requires an agreement to be in place which respects the
> journal-specific embargo periods. Click here<http://cdn.elsevier.com/assets/pdf_file/0018/121293/external-embargo-list.pdf> for
> a list of journal specific embargo periods (PDF) and see our funding body
> agreements<http://www.elsevier.com/about/open-access/open-access-policies/funding-body-agreements> for
> more details.
>
Let us all ask ourselves the following question:

"Why, if Elsevier's *author* agreement is what it says it is, does Elsevier
feel it needs a *further agreement with the author's institution*?"


Is a rights agreement not something between the author and the publisher?

The answer is simple: Elsevier knows perfectly well that an author's
agreement that states *authors retain their right to post their AAMs to
their institutional repositories, immediately* means that their *authors
retain their right to post their AAMs to their institutional repositories,
immediately.*

So the only way to try to prevent institutions from requiring that their
employees *exercise* that right is to try to get the *institution* to sign
an agreement with the publisher that over-rides that right!

*Advice for authors:* Post your AAMs to your institutional repositories,
immediately.

*Advice to Institutions: *Don't sign any agreements with publishers about
what rights your employees may or may not exercise.

Stevan
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