Last week the Wikimedia Foundation announced it is adopting an open access policy for research works created using foundation funds. According to their blog post, the new open access policy “will ensure that all research the Wikimedia Foundation supports through grants, equipment, or research collaboration is made widely accessible and reusable. Research, data, and code developed through these collaborations will be made available in Open Access venues and under a free license, in keeping with the Wikimedia Foundation’s mission to support free knowledge.”
The details of the open access policy can be found on the Wikimedia Foundation website. There will be an expectation that researchers receiving funds from the foundation will provide “unrestricted access to and reuse of all their research output…”. Published materials, proposals, and supporting materials will be covered under the open access policy. The policy states that media files must be made available under the Creative Commons Attribution-ShareAlike 3.0 license (the version currently used by Wikipedia), or any other free license. In addition, the policy requires that data be made available under an Open Definition-conformant license (with the CC0 Public Domain Dedication preferred), and that any source code be licensed under the GNU General Public License version 2.0 or any other Open Source Initiative-approved license.
The open access policy from the Wikimedia Foundation joins other institutions–including governments, philanthropic foundations, universities, and intergovernmental organizations who have adopted policies to increase access to important and useful information and data for the public good. Thanks to Wikimedia for their continued leadership in support of free knowledge for all.Comments Off
Ross Mounce, a postdoc at the University of Bath, recently wrote about how Elsevier charged him $31.50 for an “open access” research article licensed under a Creative Commons Attribution-NonCommercial-NoDerivs (BY-NC-ND) license. Mounce was understandably upset, because the article was originally published by another publisher – John Wiley – and was made available freely on their website. Elsevier’s act of charging for access initially appeared improper because of Wiley’s use of a noncommercial license.
This situation has sparked a debate among supporters of Open Access about whether or not Elsevier violated the terms of the BY-NC-ND license, and whether articles that are intended to be distributed freely can end up locked behind paywalls. This isn’t the first time this has happened; Peter Murray-Rust documented another instance of it last year. This kind of situation can leave researchers questioning why they should invest in ensuring that their research is distributed for free if another publisher can simply turn around and sell it – especially if the article carries a Creative Commons license that is supposed to restrict commercial use. Mounce complained to Elsevier about the arrangement, and as of March 9, they’ve removed the pay from the article and promised Mounce a refund. A representative from Elsevier claimed “there was some missing metadata for some of the OA articles,” thus apparently allowing for users to be charged for access to those openly licensed articles. Elsevier said it will investigate and reimburse others who purchased access to those articles on the Elsevier site during the time that the paywall was up. At the same time, Elsevier has hinted that it has the right to sell access to BY-NC-ND articles it holds because of a separate license they get from the author.
So, what is really going on here?
A fundamental feature of copyright law is that authors hold the copyright in any work they create. Authors have control over the permissions they grant beyond “all rights reserved” copyright. For example, an author could grant certain permissions by offering the work under a Creative Commons license (some rights reserved), or even place the work in the public domain (no rights reserved) using the CC0 Public Domain Dedication. And since the CC licenses are non-exclusive, an author can both share a work with a CC license, and also enter into a separate agreement that would allow a publisher to sell it.
It is common for an author to sign a publication agreement with a publisher that may grant additional rights to the publisher independent of a CC license. And if an author agrees to a particular set of separate permissions for the publisher, then the publisher could offer the author’s article on those terms–for example, the ability to sell access to a work–even if the work was originally made available under a noncommercial open license. The authors of the article in question may have signed an agreement like this when the article was originally accepted for publication with Wiley. If this is the case, then Wiley would likely have been able to transfer or sell those rights to Elsevier when Elsevier acquired the article. However, there is no way to know for sure that this is what happened without seeing the publication agreement the authors signed with the publisher.
The question really boils down to: Who owns the copyright to the article? And did the copyright holder grant permission to Elsevier for commercial use?
According to the copyright notice in the article, the copyright belongs to the authors. Mounce contacted the lead author earlier this week. The author said he was not aware that Elsevier was selling the article, and had not granted Elsevier permission to do so. If Elsevier was relying solely on the BY-NC-ND license for its use of the article, it seems likely that their action would have violated the noncommercial restriction by charging for access to the work on the Elsevier site.
Elsevier’s own policies raise one additional question. For the majority of articles they publish, Elsevier retains “the exclusive right to publish and distribute an article, and to grant rights to others, including for commercial purposes.” But their copyright terms state that for open access articles, “Elsevier will apply the relevant third party user license where Elsevier publishes the article on its online platforms.” Since the Wiley article came to Elsevier already as “open access” (let’s set aside for a moment the fact that many do not consider BY-NC-ND to qualify as “open access”), you would think that Elsevier would retain the existing CC license from Wiley. Therefore, Elsevier would not be in a position to charge for access to the article because of the noncommercial condition in the CC license. But it’s not clear whether Elsevier applies this reasoning to articles they acquire versus articles originally published on their platform.
So where does all this leave us in understanding what is going on with how these sorts of publishing agreements intersect with open licenses? There still seems to be some outstanding questions that perhaps Elsevier could help answer. Elsevier should share publicly its author’s publishing agreement so that prospective authors and the public can better understand the terms of Elsevier’s license (and as Mounce suggests, publishers should “print the terms and conditions of the author-publisher contract within each publication itself…”). In addition, Elsevier should clarify its copyright policy with regard to when they hold an exclusive right to publish and distribute and when they will adhere to the open license provided with an article.2 Comments »
Last year, the U.S. Congress included a provision in its appropriations legislation that would ensure that some research conducted through federal spending would be made accessible online, for free. It mandated that a subset of federal agencies with research budgets of at least $100 million per year would be required provide the public with free online access to scholarly articles generated with federal funds no later than 12 months after publication in a peer-reviewed journal. The agencies affected by the public access provision of the appropriations bill included the Department of Labor, Department of Education, and Department of Health and Human Services. Of particular note is the Department of Health and Human Services, which encompasses research-intensive agencies such as the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention.
SEC. 525. Each Federal agency, or in the case of an agency with multiple bureaus, each bureau (or operating division) funded under this Act that has research and development expenditures in excess of $100,000,000 per year shall develop a Federal research public access policy that provides for— 1) the submission to the agency, agency bureau, or designated entity acting on behalf of the agency, a machine-readable version of the author’s final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the Federal Government; (2) free online public access to such final peer reviewed manuscripts or published versions not later than 12 months after the official date of publication.
Alongside the federal spending legislation, there were references included in accompanying reports (see Departments of Commerce, Justice, Science report at p. 30 and Department of Interior report at p. 32) that point to President Obama’s Directive requiring agencies to increase access to the results of federally funded scientific research. The appropriations language passed for 2014 and 2015 echoes the language of the White House Directive, issued in February 2013. It directs “Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research.” The agency plans were due in August 2013, and according to the Office of Science and Technology Policy (OSTP), all agencies have submitted at least a draft plan (PDF). Those plans are now being reviewed by OSTP.
Progress has been slow, but public access to publicly funded research remains on the table in the United States.
Philanthropic foundations fund the creation of scholarly research, education and training materials, and rich data with the public good in mind. Creative Commons has long advocated for foundations to add open license requirements to their grants. Releasing grant-funded content under permissive open licenses means that materials may be more easily shared and re-used by the public, and combined with other resources that are also published under open licenses.
Yesterday the Bill & Melinda Gates Foundation announced it is adopting an open access policy for grant-funded research. The policy “enables the unrestricted access and reuse of all peer-reviewed published research funded, in whole or in part, by the foundation, including any underlying data sets.” Grant funded research and data must be published under the Creative Commons Attribution 4.0 license (CC BY). The policy applies to all foundation program areas and takes effect January 1, 2015.
Here are more details from the Foundation’s Open Access Policy:
- Publications Are Discoverable and Accessible Online. Publications will be deposited in a specified repository(s) with proper tagging of metadata.
- Publication Will Be On “Open Access” Terms. All publications shall be published under the Creative Commons Attribution 4.0 Generic License (CC BY 4.0) or an equivalent license. This will permit all users of the publication to copy and redistribute the material in any medium or format and transform and build upon the material, including for any purpose (including commercial) without further permission or fees being required.
- Foundation Will Pay Necessary Fees. The foundation would pay reasonable fees required by a publisher to effect publication on these terms.
- Publications Will Be Accessible and Open Immediately. All publications shall be available immediately upon their publication, without any embargo period. An embargo period is the period during which the publisher will require a subscription or the payment of a fee to gain access to the publication. We are, however, providing a transition period of up to two years from the effective date of the policy (or until January 1, 2017). During the transition period, the foundation will allow publications in journals that provide up to a 12-month embargo period.
- Data Underlying Published Research Results Will Be Accessible and Open Immediately. The foundation will require that data underlying the published research results be immediately accessible and open. This too is subject to the transition period and a 12-month embargo may be applied.
Trevor Mundel, President of Global Health at the foundation, said that Gates “put[s] a high priority not only on the research necessary to deliver the next important drug or vaccine, but also on the collection and sharing of data so other scientists and health experts can benefit from this knowledge.”
Congratulations to the Bill & Melinda Gates Foundation on adopting a default open licensing policy for its grant-funded research. This terrific announcement follows a similar move by the William and Flora Hewlett Foundation, who recently extended their CC BY licensing policy from the Open Educational Resources grants to now apply foundation-wide for all project-based grant funds.
Regarding deposit and sharing of data, the Gates Foundation might consider permitting grantees to utilize the CC0 Public Domain Dedication, which allows authors to dedicate data to the public domain by waiving all rights to the data worldwide under copyright law. CC0 is widely used to provide barrier-free re-use to data.
We’ve updated the information we’ve been tracking on foundation intellectual property policies to reflect the new agreement from Gates, and continue to urge other philanthropic foundations to adopt open policies for grant-funded research and projects.3 Comments »
Today at an Open Access Week event in London, the Open Access Button was re-launched with new features “to help researchers, patients, students and the public get access to scientific and scholarly research.” The Open Access Button originally was created in response to researchers running into paywalls or other control mechanisms when they attempted to read and re-use scholarly journal articles.
The beta Open Access Button–released in November 2013–documented these stymied research efforts, tracking nearly 10,000 instances of denied access due to paywalls. The updated button is a browser plug-in that enables a person who conducts a similar search–but who is once again denied access–to explore other options in order to get access to the paper. It does this by conducting a search for a freely-available version of the research article on the web, for example a preprint or unformatted version of a finalized article manuscript. If this does not work the button provides the functionality to send an email to the author of the article to ask that a copy of the article be made available and shareable to others who need it. The button will do other things, too, such as creating a unique listing for each paper that is requested, so that authors can view demand for access to their works. Finally, the button aims to collect data and anecdotes arising from its use in order to feed advocacy and reform efforts related to the scholarly communications and publishing system.
The Open Access Button is an interesting tool because it both increases awareness of a problem within the academic publishing ecosystem and strives to deliver needed articles into the hands of the researchers to conduct their work. It is informational, empowering, and practical. Anyone can now install the Open Access Button. Congratulations to the terrific team on extending a creative and useful tool in support of open access to scholarly research.Comments Off
As promised last week, here are the details around the formal launch event for School of Open Africa taking place in Nairobi tomorrow morning.
Our Creative Commons and School of Open volunteers in Kenya, including CC Regional Coordinator Alex Gakuru, are hosting a formal launch event of School of Open Africa in celebration of the School of Open programs launched last month in Africa, and to announce new programs in higher education. The event will feature a panel discussion with senior government officials from the Kenyan Ministry of Education, Science and Technology and Ministry of ICT along with Dr. Bitange Ndemo (University of Nairobi) and regional representatives from UNESCO and Google regarding the status of open education in Africa, School of Open’s contributions and future. Alex says,
“This event will help establish a conversation platform for policymakers around School of Open Africa, connecting and synchronising education and ICT policies with the innovative open education programs being led by Creative Commons volunteers in Africa. It will also connect current School of Open programs in primary and high school education to academia and NRENs1 — towards the realisation of the international aspiration for universal access to education.”
Additional attendees include professors from local universities and law schools; participants of the copyright law course, CopyrightX:Kenya, who will be awarded certificates of completion; our CC Kenya affiliates; and School Open Kenya leads.
In addition to the panel, SOO Kenya’s Simeon Oriko will present on School of Open Africa programs led to date, and Dr. Tonny Omwansa with C4DLab at the University of Nairobi will announce a new School of Open program to develop OER courses for higher education. This program will serve as a model for other universities across Africa to develop high quality open educational resources for use in higher education under CC BY. In celebration, CC t-shirts in Kiswahili will be distributed, “mwananchi mbunifu,” aka ‘creative commoner.’
The event is hosted at the Serena Hotel in Nairobi and will last from 9am-1pm, followed by a celebratory lunch. The event and new OER program in higher education is made possible with technical support from UNESCO and generous financial support from the Hewlett Foundation.
About the School of Open
The School of Open is a global community of volunteers that provides free education opportunities on the meaning, application, and impact of “openness” in the digital age and its benefit to creative endeavors, education, and research. Volunteers develop and run courses, workshops, and training programs on topics such as Creative Commons licenses, open educational resources, and sharing creative works. The School of Open is coordinated by Creative Commons and P2PU, a nonprofit that builds and supports learning communities on the web.Comments Off
Today begins the 8th annual Open Access Week. Open Access Week is a week-long celebration and educational opportunity to discuss and promote the practice and policy of Open Access to scholarly literature–“the free, immediate, online availability of research articles, coupled with the rights to use these articles fully in the digital environment.” Open Access Week has become a huge international initiative, including dozens of in-person and virtual events, the launch of OA-related projects, and the development and publishing of materials and tools supporting education about the benefits, challenges, and opportunity for open access to scholarly research. This year’s Open Access Week theme is “Generation Open”:
The theme will highlight the importance of students and early career researchers as advocates for change in the short-term, through institutional and governmental policy, and as the future of the Academy upon whom the ultimate success of the Open Access movement depends. The theme will also explore how changes in scholarly publishing affect scholars and researchers at different stages of their careers.
Check the feed at openaccessweek.org for hundreds of posts about the variety of activities hosted this week, and share what you’re doing on Twitter using the hashtag #OAWeek2014. There’s already many interesting things happening, with more to come this week! Follow the CC blog, Twitter, and Facebook for more.3 Comments »
On Monday California Governor Jerry Brown signed into law AB 609–the California Taxpayer Access to Publicly Funded Research Act. The law requires that research articles created with funds from the California Department of Public Health be made publicly available in an online repository no later than 12 months after publication in a peer-reviewed journal. AB 609 is described as the first state-level law requiring free access to publicly funded research. It is similar to the federal National Institutes of Health Public Access Policy. The bill has been making its way through the California legislature since being introduced by Assemblyman Brian Nestande in February 2013. Nestande’s office announced the passage yesterday.
The law applies to grantees who receive research funds from the Department of Public Health, and those grantees are responsible for ensuring that any publishing or copyright agreements concerning manuscripts submitted to journals fully comply with AB 609. For an article accepted for publication in a peer-reviewed journal, the grantee must ensure that an electronic version of the peer-reviewed manuscript is available to the department and on an appropriate publicly accessible database approved by the department within 12 months of publication in the journal.
Congratulations to California, the leadership of Assemblyman Nestande, and the coalition of open access supporters who worked hard to make this law a reality.Comments Off
In July the Electronic Frontier Foundation wrote about the predicament that Colombian student Diego Gomez found himself in after he shared a research article online. Gomez is a graduate student in conservation and wildlife management at a small university. He has generally poor access to many of the resources and databases that would help him conduct his research. Paltry access to useful materials combined with a natural culture of sharing amongst researchers prompted Gomez shared a paper on Scribd so that he and others could access it for their work. The practice of learning and sharing under less-than-ideal circumstances could land Diego in prison.
The EFF reports that upon learning of this unauthorized sharing, the author of the research article filed criminal complaint against Gomez. The charges lodged against Diego could put him in prison for 4-8 years. The trial has started, and the court will need to take into account several factors: including whether there was any malicious intent to the action, and whether there was any actual harm against the economic rights of the author.
Today EFF, Creative Commons, Right to Research Coalition, and Open Access Button are launching a campaign to help raise awareness about Diego’s situation, to promote a reasonable handling of his and similar cases, and to support open access policies and practices. We hope you’ll sign on.
Let’s stand together to promote Open Access worldwide.
Help Diego Gomez and join academics and users in fighting outdated laws and practices that keep valuable research locked up for no good reason.
Diego Gomez, a Colombian graduate student, currently faces up to eight years in prison for doing something thousands of researchers do every day: posting research results online for those who would not otherwise have a way to access them.
If open access were the default for scholarly communication, cases like Diego’s would become obsolete.
Academic research would be free to access and available under an open license that would legally enable the kind of sharing that is so crucial for enabling scientific progress.
When research is shared freely and openly, we all benefit. Sign the petition to express your support for Open Access as the default for scientific and scholarly publishing, so researchers like Diego don’t risk severe penalties for helping colleagues access the research they need.
Scientific and scholarly progress relies upon the exchange of ideas and research. We all benefit when research is shared widely, freely, and openly. I support an Open Access system for academic publishing that makes research free for anyone to read and re-use; one that is inclusive of all and doesn’t force researchers like Diego Gomez to risk severe penalties for helping colleagues access the research they need.
The keys to an elegant set of open licenses are simplicity and interoperability. CC licenses are widely recognized as the standard in the open access publishing community, but a major trade association recently published a new set of licenses and is urging its members to adopt it. We believe that the new licenses could introduce unnecessary complexity and friction, ultimately hurting the open access community far more than they’d help.
Today, Creative Commons and 57 organizations from around the world released a joint letter asking the International Association of Scientific, Technical & Medical Publishers to withdraw its model “open access” licenses. The association ostensibly created the licenses to promote the sharing of research in the scientific, technical, and medical communities. But these licenses are confusing, redundant, and incompatible with open access content published under other public licenses. Instead of developing another set of licenses, the signatories urge the STM Association to recommend to its authors existing solutions that will truly promote STM’s stated mission to “ensure that the benefits of scholarly research are reliably and broadly available.” From the letter:
We share a positive vision of enabling the flow of knowledge for the good of all. A vision that encompasses a world in which downstream communicators and curators can use research content in new ways, including creating translations, visualizations, and adaptations for diverse audiences. There is much work to do but the Creative Commons licenses already provide legal tools that are easy to understand, fit for the digital age, machine readable and consistently applied across content platforms.
So, what’s really wrong with the STM licenses? First, and most fundamentally, it is difficult to determine what each license and supplementary license is intended to do and how STM expects them each to be used. The Twelve Points to Make Open Access Licensing Work document attempts to explain its goals, but it is not at all clear how the various legal tools work to meet those objectives.
Second, none of the STM licenses comply with the Open Definition, as they all restrict commercial uses and derivatives to a significant extent. And they ignore the long-running benchmark for Open Access publishing: CC BY. CC BY is used by a majority of Open Access publishers, and is recommended as the optimal license for the publication, distribution, and reuse of scholarly work by the Budapest Open Access Initiative.
Third, the license terms and conditions introduce confusion and uncertainty into the world of open access publishing, a community in which the terminology and concepts utilized in CC’s standardized licenses are fairly well accepted and understood.
Fourth, the STM licenses claim to grant permission to do many things that re-users do not need permission to do, such as describing or linking to the licensed work. In addition, it’s questionable for STM to assume that text and data mining can be regulated by their licenses. Under the Creative Commons 4.0 licenses, a licensor grants the public permission to exercise rights under copyright, neighboring rights, and similar rights closely related to copyright (such as sui generis database rights). And the CC license only applies when at least one of these rights held by the licensor applies to the use made by the licensee. This is important because in some countries, text and data mining are activities covered by an exception or limitation to copyright (such as fair use in the United States), so no permission is needed. Most recently the United Kingdom enacted legislation specifically excepting noncommercial text and data mining from the reach of copyright.
Finally, STM’s “supplementary” licenses, which are intended for use with existing licenses, would only work with CC’s most restrictive license, Attribution-NonCommercial-NoDerivatives (BY-NC-ND). Even then they would have very limited legal effect, since much of what they claim to cover is already permitted by all CC licenses. As a practical matter, these license terms are likely to be very confusing to re-users when used in conjunction with a CC license.
The Creative Commons licenses are the demonstrated global standard for open access publishing. They’re used reliably by open access publishers around the world for sharing hundreds of thousands of research articles. Scholarly publishing presents a massive potential to increase our understanding of science. And creativity always builds on the past, whether it be a musician incorporating samples into a new composition or a cancer researcher re-using data from past experiments in their current work.
But to fully realize innovations in science, technology, and medicine, we need clear, universal legal terms so that a researcher can incorporate information from a variety of sources easily and effectively. The research community can enable these flows of information and promote discoveries by sharing writings, data, and analyses in the public commons. We’ve already built the legal tools to support content sharing. Let’s use them and not reinvent the wheel.
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