[GOAL] Re: France's Digital Republic bill and OA

[NOMINE, Jean-Francois]

Dear Goal Members,

To help the discussion about the said Digital Republic Bill, here is a translation of article 9 in its original form:
 Article 9 - Open access to the scientific publications of government-funded research
A new article L. 533-4 is inserted into chapter 3, title 3, book V of the Code of Research as follows:
«Art. L. 533-4 -
I. When a written work, resulting from research supported by at least 50 % public funds, is published in a periodical or in a publication appearing at least once a year, or in congress or conference proceedings, its author, even if transferring their full rights to a publisher, shall be entitled to make the latest version of their manuscript accepted by the publisher available free of charge in a digital form, subject to the rights of possible co-authors and with the exception of the formatting work pertaining to the publisher, after a period of twelve months in science, technology and medecine and twenty four months in humanities and social sciences from its first date of publication. Such availability shall not entitle to any commercial exploitation.
« II. - The provisions of this article are public policy provisions and all provisions to the contrary shall be deemed unwritten. They shall not apply to current contracts.»

Many and prominent members of the scientific community came up with proposing shorter embargo periods among others and free access to publications for text and data mining.

In my view, it was felt that pressure from publishing circles had watered down much of the affirmative official attitude initially inclining to greater openness, including TDM as in neighboring countries.

Hoping this will help discussions and answer the other items in Andrew Hyde's message. I am sure that other French members will provide further and finer insights.

Best regards,

Jean-François Nominé - CNRS





De : goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] De la part de Andrew Hyde
Envoyé : vendredi 30 octobre 2015 11:31
À : goal at eprints.org
Objet : [GOAL] France's Digital Republic bill and OA

Hi all,

My first time posting a question to the GOAL list. I wondered if anyone in France or familiar with the Digital Republic bill (Republique Numerique) could tell me a bit more about its implications for OA to French publicly funded research (eg. CNRS).

I've read a bit about the bill in English and have run some things through Google Translate, now regretting my poor attention in French class in secondary school. The news articles I've read<http://www.networkworld.com/article/2995978/opensource-subnet/france-votes-to-expand-open-source-use.html> make it sounds like a laudable process, open to public consultation on the Internet, with some popular propositions to reduce proprietary software in schools and universities in favour of Linux/GNU, as well as proposals to protect privacy of personal data and encryption.

Article 9 concerns Open Access<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale> to public research.

I've read contradictory statements about what the bill proposes in terms of embargoes for Green archiving. This SciELO blog post (October 9)<http://blog.scielo.org/en/2015/10/09/france-prepares-bill-to-regulate-open-access/> suggests that the bill proposes that publicly funded research should be made publicly accessbile without embargo; whereas the statements and annotations of the article on the Republique Numerique website<https://www.republique-numerique.fr/consultations/projet-de-loi-numerique/consultation/consultation/opinions/section-2-travaux-de-recherche-et-de-statistique/article-9-acces-aux-travaux-de-la-recherche-financee-par-des-fonds-publics/versions/une-duree-d-embargo-plus-courte-ne-pas-entraver-le-tdm-fouille-de-texte-et-de-donnees-et-ne-pas-interdire-une-exploitation-commerciale> suggest that there was an original proposal of an embargo of 12 months for STM and 24 months for HSS, which has now been modified to 6 and 12 months respectively. I've read one or two comments on Twitter this morning suggesting that the embargo periods are still very much under discussion.

The SciELO blog also suggests that there are provisions to encourage text and data mining and to end the exclusive transfer of copyright of publicly funded research and data to publishers. I haven't found much detail on these or any support for Gold.

I'd be interested to know what the view is on the OA article amongst the OA community in France and also what people have made of the process to establish digital rights. I remember that Brazil went through a similar process with a Digital Rights bill last year<https://www.indexoncensorship.org/2014/06/brazil-new-global-internet-referee/>, of course following on from the Snowdon revelations which had a big impact in Brazil, much of which was weakened by the time it got into law.

Many thanks for any information you can provide me...

Andrew Hyde
Development Editor (Open Access)
+44 (0)1223 326031 | @andrewchyde<https://twitter.com/andrewchyde>

Cambridge University Press
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