[GOAL] Re: On Author/Publisher Agreements

[Stevan Harnad]

On Fri, May 3, 2013 at 10:33 AM, David Kane <DKANE at wit.ie> wrote:

 Thanks for flagging this.  I am not clear about exactly what you mean
> though.
> Are you talking about an extra clause in the existing Institutional
> LICENCING agreement, or a second Institutional agreement that they are now
> introducing?
> **
>

Nothing whatsoever to do with institutional licensing agreements
(nor with institutional subscription pricing agreements, nor with
author rights).

That's the point!

It's an arbitrary agreement that some publishers (playing on confusion
about whether this is about author rights, institutional licenses, or
institutional price negotiations) are trying  to
con institutions into signing
*for no reason whatsoever!*

Caveat emptor.

[*Funny side-note*: Does Elsevier faintly imagine that an institutional
agreement (from any institution gullible enough to sign it!) will restrain
25 years of authors' posting their AAMs to Arxiv, immediately, unmandated?
Computer scientists and physicists have been the ones with the good
sense to go ahead and provide Green OA without fear or favour, and
*without requiring a mandate*, ever since the Web made it possible. All the
OA nonsense for the past 25 years has been about the rest of the
disciplines --
the ones that did not have the good sense to do likewise!]

*From:* Repositories discussion list [JISC-REPOSITORIES at JISCMAIL.AC.UK] on
> behalf of Stevan Harnad [amsciforum at GMAIL.COM]
> *Sent:* 03 May 2013 14:53
> *To:* JISC-REPOSITORIES at JISCMAIL.AC.UK
> *Subject:* On Author/Publisher Agreements
>
>   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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