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[BOAI] Re: Open Access vs Copyleft?
From: Stevan Harnad <harnad AT ecs.soton.ac.uk>
On Fri, 25 Feb 2005 Marco Marandola, international copyright expert, marandol AT tiscali.it wrote: > I am having a discussion with some expert friends on this subject: Is the > Open Access part of the copyleft movement? No it is not. This question has been much discussed in the American Scientist ↵ Open Access Forum. Here are some of the topic threads: "Cloture on public-domain solution" (2001) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/1713.html "Copyleft" article in New Scientist (2002) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/1818.html Open Access vs Open Source/Software (2003) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/2967.html "Public Access to Science Act (Sabo Bill, H.R. 2613)" (2003) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/2977.html "Open Access Does Not require Republishing and Reprinting Rights" ↵ (2004) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/3444.html "Apercus of WOS Meeting: Making Ends Meet in the Creative ↵ Commons" (2004) http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/3797.html To summarise quickly: The Open Access movement is focused primarily on one specific form of content: articles published in peer-reviewed research journals and conference ↵ proceedings. Its target is not books, textbooks, magazine articles, newspaper articles, ↵ sheet music, audio recordings, video recordings, software, etc. The reason for this separation is very specific too: Without exception, all articles published in peer-reviewed research journals and conference ↵ proceedings are *Author Give-Aways*, written solely for the sake of maximising their ↵ uptake, usage and impact, not for the sake of royalty revenues or fees from their sale. http://www.ecs.soton.ac.uk/~harnad/Tp/resolution.htm#1.1 This is not true of the rest of the digital content listed above: it is not all (or even mostly) author give-aways: Much of it is written for the sake of royalties or fees from their sale. Let us call the two kinds of content pure Give-Away (GA) and mixed (GA and non-GA) content. The solution for the GA content already being published in peer-reviewed journals/conferences is OA: It need merely be made freely accessible to all users online. The solution for non-GA content is more complex, for first it has to be ascertained what wants to be given away, and then the conditions have to be formalised in the form of a contract or license between the author and the publisher. Either Copyleft or the Creative Commons License are excellent solutions for the mixed content domains. Copyleft and/or the CC License are of course welcome where desired and possible in the GA/OA domain too -- but they are not *necessary* in the GA/OA domain, and any implication that they are necessary is not only wrong but retards the progress of OA: The reason is simple. Ninety-two percent of journals surveyed have already given their official green light to author OA self-archiving: that means the author puts a draft of the full-text online, free for all. The author may continue to either transfer copyright to the publisher, or license it to the publisher. None of that need change. All that is needed for OA is a full-text version permanently accessible to all would-be users web-wide for free. http://romeo.eprints.org/stats.php There is also a practical and legal solution for self-archiving the articles in the 8% of journals that are not yet green: http://www.eprints.org/self-faq/#self-archiving-legal Hence 100% OA is already feasible without requiring authors to try to ↵ renegotiate their copyright agreements for either copyleft of the CC license with their publishers. Even worse than wrongly implying that making their articles OA first requires successfully renegotiating copyright transfer agreements with publishers -- an unnecessary and uncertain task that many GA authors would not want to undertake -- is wrongly implying that making their articles OA requires putting them into the *public domain* (i.e., renouncing copyright altogether). Give-away authors need simple, direct ways do do what they wish to do: Give away free online access to their (copyrighted) articles. They can do this either by publishing them in OA journals or by publishing them in non-OA journals and self-archiving them. They need not negotiate a copyleft or CC license with their publishers (unless both wish to do so), and they need not put their articles in the public domain (something very few authors and no publishers are likely to wish to do). > In favor: the definition of copyleft as making a work free, the author ↵ allowed > some uses without any remuneration or authorization. Unnecessary. The article need merely self-archive them on the web, free for ↵ all. The rest comes with the (online, webwide-accessible) territory. > Against: The Open Access is only at academic level. It is unclear what this means! Webwide full-text access means webwide full-text access, free for all, at all levels. Stevan Harnad AMERICAN SCIENTIST OPEN ACCESS FORUM: A complete Hypermail archive of the ongoing discussion of providing open access to the peer-reviewed research literature online (1998-2004) is available at: http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/ To join or leave the Forum or change your subscription address: http://amsci-forum.amsci.org/archives/American-Scientist-Open-Access-Forum.html Post discussion to: american-scientist-open-access-forum AT amsci.org UNIVERSITIES: If you have adopted or plan to adopt an institutional policy of providing Open Access to your own research article output, please describe your policy at: http://www.eprints.org/signup/sign.php UNIFIED DUAL OPEN-ACCESS-PROVISION POLICY: BOAI-2 ("gold"): Publish your article in a suitable open-access journal whenever one exists. http://www.doaj.org/ BOAI-1 ("green"): Otherwise, publish your article in a suitable toll-access journal and also self-archive it. http://www.eprints.org/self-faq/ http://romeo.eprints.org/ http://archives.eprints.org/
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