Tag Archives: open access

Springer, Censorship and the Need for Open Access

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*Updated January 22, 2017 to include a statement by Sarah Thomas, Vice President for the Harvard Library and University Librarian*

It’s Copyright Week! Today’s topic is “Copyright and Censorship: Freedom of expression is a fundamental human right essential to a functioning democracy. Copyright should encourage more speech, not act a legal cudgel to silence it.”

When a rightsholder uses his or her rights to prevent others from relying on, accessing, or using information, copyright can act as a tool of censorship. One example of where this happened occurred in November 2017 when Springer Nature agreed to exclude Chinese readers and institutions from accessing certain articles in its journals at the request of the Chinese government. Regardless of whether Springer acted in good faith in order to maintain access in China to the rest of its collection, because authors collectively relinquished control over their copyrights there was no effective remedy. We are familiar with the problem of authors assigning rights to corporate entities, which may be more inclined to aggressively enforce their rights under copyright law or demand high fees in order to access or use the work. In the Springer case, because of copyright, authors could not promote access to their work because the publisher acquiesced to a government’s censorship demands.

According to The Financial Times, Springer blocked an estimated 1,000 articles its journal, International Politics and the Journal of Chinese Political Science, effectively aiding China’s censorship request. This decision by Springer followed a similar August 2017 action by Cambridge University Press to block access to 315 articles at the request of the Chinese government, though Cambridge University Press later reinstated the articles after heavy criticism, citing the desire to “uphold the principle of academic freedom.” Other university presses, such as Oxford University Press, MIT Press and the University of Chicago Press have stated that they will not comply with censorship demands.

Ultimately, censorship directly harms research, scholarship and academic freedom. In the digital age, global collaboration is commonplace and Chinese students and researchers are at a significant disadvantage without access to the full corpus of works that researchers in other countries have. Research institutions should work to support barrier free access to information to combat censorship.

Springer’s decision to censor 1,000 articles illustrates that, as a for-profit institution, its goals may not align with those of academic institutions and highlights the necessity for higher education to regain control over scholarly communication. Working with publishers that agree to censor materials raises questions regarding threats to academic freedom, research and discovery.

Authors should carefully consider whether assigning their copyright to publishers is in their best interests knowing that, in addition to the ability for publishers to impose high costs to read articles, these entities may comply with requests that prevent readers in other countries from having access to these works.

Ultimately, copyright and licensing issues have serious consequences for the research community. Ensuring that the research community can retain control over its scholarly communication outputs will promote barrier free access too all. Publishing in open access outlets, including in preprint services, or retaining copyright can help ensure that selective censorship is more difficult.

Statement of Sarah Thomas, Vice President of Harvard Library and University of Librarian:

I’m astonished that Springer Nature has not used their important leverage as a content provider to protect the rights of their authors to be read and to exercise their professional leadership in promoting access to knowledge. Censorship is the suppression of ideas, and is directly opposed to Springer Nature’s stated policy: “Our publishing and editorial policies have been developed in consultation with the research communities we serve, including authors and librarians, and are rooted in belief that scholarly communication is aided by greater transparency of the processes by which we operate.”

Springer Nature proudly proclaims on their home page: “We advance discovery by publishing robust and insightful research, supporting the development of new areas of knowledge and making ideas and knowledge accessible around the world.” Apparently this statement is a qualified one, subject to governmental influence and balanced by commercial considerations.

Certainly I will work at Harvard to increase awareness of Springer Nature’s complicity in the silencing of scholars who write for their journals. In a world in which basic democratic values are increasing threatened by authoritarian leaders, it is shocking that the Von Holtzbrinck-owned publisher Springer Nature would contribute to their decay. Is this the work of new CEO Daniel Ropers, who comes out of retailing?

I urge Springer Nature to show the commitment to the “advancement of science, learning, and society” that Ropers espoused when joining Springer Nature in autumn 2017 and to look to publishers such as Cambridge University Press as a model.

#OAWeek: Opening LIS Work with the LIS Scholarship Archive

*This is a guest blog post by Vicky Steeves, the Librarian for Research Data Management and Reproducibility at New York University. She serves on the LIS Scholarship Archive Advisory Board.*

Folks in all walks of LIS are celebrating #OAWeek with beautiful posters, polls, social media campaigns, events, and cookies (like these awesomely decorated cookies from the Ryerson Library in Toronto). Most of all, during this week there is a special emphasis  on assisting patrons in opening up their scholarship. However – what about our work, as folks in LIS? What can we do to ‘walk the walk’ of open access?

You can submit your work to the Library and Information Science  Scholarship Archive (LISSA)! LISSA, in partnership with the Center for Open Science, is a free, open source, open access, and community-led archive for scholarship in library and information science and allied fields. On LISSA, LIS workers, students, trainees, and others in the field can make their incredible work open and discoverable, from metadata records to oral histories to manuscripts to data, and more!

Currently on LISSA, there are preprints, postprints, grant narratives, posters, book manuscripts, student work/assignments, data, and code, in a variety of languages, from a diverse authorship! Let’s keep this going! If you are someone who works in LIS and who supports open scholarship, this is what you can do:

  • Submit your work in < 5min.
  • Spread the word about LISSA, and encourage others to submit their work.

For #OAweek, let’s make a strong showing of not only helping our patrons, but our fellow colleagues in libraryarchiveland!

You can get updates from LISSA on lissarchive.org or Twitter at @LISSArchive. We have a feed of new work on LISSA via RSS feed or Twitter @LISSA_SCHOL. You may also reach the LISSA board via email at lissarchive@gmail.com for questions, comments, or general feedback, which is most welcome.

Happy Open Access Week: Move FASTR

This week, October 23-29, 2017, is International Open Access Week, a week to celebrate all things open access.

While there are a number of events happening worldwide, those of us in the United States should turn our attention to the bipartisan bill, Fair Access to Science and Technology Research (FASTR) Act.  This bill, if passed, would codify the 2013 White House Office of Science and Technology Policy memo requiring public access to taxpayer-funded research.  It would do so by requiring agencies with extramural research budgets of $100 million or more to maintain policies that would provide public access to research results, no later than 6 (House version) or 12 months (Senate version) after publication in peer-reviewed journals, and to make them available under terms permitting reuse, such as text and data mining.

Access to research is fundamental in promoting and advancing progress.  Research provides the very building blocks of understanding, learning and innovation.  For Open Access Week, SPARC launched a fantastic website, celebrating openness with concrete examples: Open In Order To. As we promote progress on a diversity of issues, from addressing climate change, to solving malnutrition, to finding new medical technologies, we must ensure equitable access to research results, particularly those that the public has already paid for in terms of taxpayer-funded research.  Congress should swiftly move to pass FASTR and promote the advancement of science and technology. #MoveFASTR. #OAWeek.

Drinking our own champagne: a toast to the success of LISSA!

*This is a guest blog post by Judy Ruttenberg,Program Director at the Association of Research Libraries and the co-director of SHARE. She serves on the SocArXiv Steering Committee and the OSF Preprints Advisory Board*

In early May, a group of information professionals and leaders announced the launch of the LIS Scholarship Archive, or LISSA. Co-directed by April Hathcock and Vicky Steeves (NYU Libraries), LISSA joins a growing list of scholarly communities building open “preprint” services in partnership with the Center for Open Science (COS) and using COS’s flagship product, the Open Science Framework (OSF), as a platform. LISSA’s mission is more expansive than open preprint publishing, however. It acknowledges that LIS professionals produce a wide range of scholarly materials worthy of preservation, open dissemination, and community evaluation. Here’s where the OSF is a terrific platform: when a paper is deposited in an OSF Preprints service, an OSF project is automatically created, with all the collaborative tools, versioning, storage, file-rendering, and other features supporting the scholarly life cycle.

That LISSA enters an active space—including a spate of arXiv descendants in social science, psychology, engineering, agriculture, paleontology and more—doesn’t diminish the unique opportunity that the library and archives community now has to “drink our own champagne” and embrace rapid, open publication, and retool tenure and promotion processes in our own organizations so that they recognize open scholarship deposited in LISSA.

Tenure and promotion committees within academic libraries will doubtless ask the same questions our colleagues throughout academia have asked us as librarians have advocated for open access: What is the role of peer evaluation and review in an OA model? How will I know the work is good work? What new metrics can I use to understand the impact of non-traditional publications? With the groundswell of interest in preprints across many disciplines, and an open source, public goods technology partner (COS) building the infrastructure, we in LIS organizations can work with LISSA (in parallel with other disciplines and services) to participate in building new, mission-aligned editorial and review processes that support this public good.

Having created a basic service—OSF Preprints—and its hosted, branded communities (SocArXiv, PsyArXiv, etc.), COS is now working on the critical features of moderation and evaluation, or peer review. You can see their public requirements and roadmap on the OSF Preprints page. To see this community infrastructure catch up to our policy and advocacy for open scholarship is incredibly exciting, and I hope academic libraries as individuals and as organizations see both opportunity in, and responsibility for, LISSA’s success by working through the hard issues of the moderation and evaluation of our own work.

So, a toast to LISSA! If you need a reviewer, you can find me at judy@arl.org.

ICYMI: New Advocacy and Public Policy Update

On May 19, 2017, ARL released its latest Advocacy and Public Policy Update. The topics covered in this update include various copyright issues (Register of Copyrights bill, Copyright Office study on moral rights, Copyright Office rulemaking on modernizing copyright recordation, and numerous amicus briefs filed), LSU v. Elsevier, appropriations, access to and preservation of government data, net neutrality, developments on trade agreements, and issues related to immigration and border control.  The full update is available here.

 

To Kill A Mockingbird Remains Under Copyright

We’re taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what’s at stake, and what we need to do to make sure that copyright promotes creativity and innovation.

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It’s Copyright Week once again and today’s theme is Building and Defending the Public Domain: The public domain is our cultural commons and a crucial resource for innovation and access to knowledge. Copyright policy should strive to promote, and not diminish, a robust, accessible public domain.

One of my favorite and least favorite things to do each year in January is to check out Duke’s Center for the Study of the Public Domain and see what would have entered into the public domain, were it not for the changes to copyright term in the 1976 Copyright Act and the 1998 Copyright Term Extension Act. I find some morbid curiosity in looking to see what could have entered the public domain while mourning the fact that these great copyrighted works will remain under protection for another forty years. While most of the works covered in the Center for the Study of the Public Domain’s yearly list are well-known and the rightholder would presumably be easy to find, there are many more works that are orphans because of the lengthy term. The current copyright term significantly damages the public domain and raises the costs of access to knowledge.

As always, this year’s list has so many wonderful classics and well-known works, including Harper Lee’s To Kill a Mockingbird, Dr. Seuss’ Green Eggs and Ham and One Fish, Two Fish, Red Fish, Blue fish, and Jean-Paul Sartre’s Critique de la raison dialectique. Aside from these books, there are a number of classic films and music that are going to remain under copyright until 2056 rather than enter into the public domain now. To Kill a Mockingbird is a perfect example of the damage these copyright terms have; last year, I noted the swift action by Lee’s estate, weeks after her death, issuing a notice halting publication of the mass market version (also known as the “school” version) of the book (note that HarperCollins announced it would offer a discounted version to school purchasers — but not student purchasers — after a backlash against the elimination of the cheaper mass market publication).

Aside from these great books (the blog post also highlights films and music that would have entered the public domain), one of the notable points is that many of the scientific advances published in 1960 that is still copyrighted and behind paywalls:

1960 was another significant year for science. Max Perutz and Sir John Kendrew published articles on the structure of hemoglobin and the structure of myoglobin, respectively, and Robert Burns Woodward published an article describing a total synthesis of chlorophyll. (All three later won Nobel Prizes in Chemistry.) Theodore Maiman demonstrated the first working laser, a ruby laser. And the US launched its first successful weather satellite, TIROS-1.

If you follow the links above (and you do not have a subscription or institutional access), you will see that these 1960 articles are still behind paywalls. You can purchase the individual articles from the journal Nature for $32. A distressing number of scientific articles from 1960 require payment or a subscription or account, including those in major journals such as Science and JAMA. And the institutional access that many top scientists enjoy is not guaranteed—even institutions such as Harvard have considered canceling their subscriptions because they could no longer afford the escalating prices of major journal subscriptions.

It’s remarkable to find scientific research from 1960 hidden behind publisher paywalls. Thankfully, some publishers have made older articles available in full online, so that you can read them, even though it may still be illegal to copy and distribute them. In addition, some older articles have been made available on third party websites, but this is not a stable solution for providing reliable access to science. Third party postings can be difficult to find or taken down, links can get broken, and would-be posters may be deterred by the risk of a lawsuit. Under the pre-1978 copyright term, all of this history would be free to scholars, students, and enthusiasts.

With the fast pace of scientific and technological advances, it seems crazy that scientific research published 56 years ago remains behind paywalls.  The public domain is critical to promoting advances in culture and science, it is the very foundation of the Constitutional goal “to promote the progress of science and the useful arts.” It is a shame to see our current copyright terms restrict the rate at which works enter the public domain.

Moving from SSRN to SocArXiv

In May, Elsevier acquired SSRN, an open access repository heavily used in fields of law, economics and other social sciences. A number of great articles raising serious concerns about this acquisition were written following Elsevier and SSRN’s announcement, including posts by Brandon Butler and Ellen Ramsey, Kevin Smith, Paul Gowder, the Authors Alliance, and TechDirt, among others.

More recently, reports surfaced that SSRN started removing articles from its database even when the author to the posted article retained copyright and had explicit permission to post to SSRN. Articles posted under a CC license or originally posted in green open access journals were similarly removed, even where the article contained an explicit footnote asserting that the authors retained copyright. After a huge backlash, SSRN started restoring the papers upon the request of authors claiming a mistake in enforcing their copyright policies. SSRN also indicated that faculty posting final papers would need to add a statement in a footnote asserting copyright and open access permissions or submit their publication agreements to SSRN in order to have their papers posted.

Authors Alliance—as well as numerous academics—responded by asking whether it is time for authors to remove their papers from SSRN and find alternatives. Authors Alliance pointed out:

SSRN authors: you have not committed to SSRN. You can remove your papers from their service, and you can opt instead to make your work available in venues that show real commitment to the sharing, vetting, and refinement of academic work.

Alternatives obviously include an academic’s institutional repository or personal website, but authors might also consider the new, non-profit open access archive for social science research, SocArXiv. The recent announcement of this new archive comes at an opportune time given Elsevier’s May acquisition of SSRN and the ensuing changes to SSRN policies regarding posting of papers. SocArXiv, in partnership with the Center for Open Science, explained:

The initiative responds to growing recognition of the need for faster, open sharing of research on a truly open access platform for the social sciences. Papers on SocArXiv will be permanently available and free to the public.

Social scientists want their work to be broadly accessible, but it is mostly locked up from the public and even other researchers—even when the public has paid for it. SocArXiv wants to help change that. In recent years, academic networking sites have offered to make preprints available and help researchers connect with each other, but the dominant networks are run by for-profit companies whose primary interest is in growing their business, not in providing broad access to knowledge. SocArXiv puts access front and center, and its mission is to serve researchers and readers, not to make money.

Immediately after news broke that SSRN was removing papers, I checked my own author page to see if my dozen or so journal articles and briefs were still posted.  They are and I will use my author page one final time: to download my papers (they’re easier for me to find this way since I placed all of them on SSRN and won’t have to look through different files on my computer to collect them all) before moving them to try out SocArXiv. I hope other others consider moving their works to SocArXiv, as well.

For further reading, see Richard Poynder, “SocArXiv debuts, as SSRN acquisition comes under scrutiny.”

ARL and Higher Education Support Lingua Editors

On November 12, 2015, ARL, together with The American Association of State Colleges and Universities (AASCU), the American Council on Education (ACE), the Canadian Association of Research Libraries (CARL), the Confederation of Open Access Repositories (COAR), EDUCAUSE, and the Scholarly Publishing and Academic Resources Coalition (SPARC) wrote in support of the editors of the Elsevier journal Lingua who resigned en masse on October 27, 2015.  Lingua’s editors cited the journal’s price increases that outpaced costs of production and Elsevier’s refusal to transition the journal to an open access model as reasons for their resignation.  The editors announced a plan to launch an open access journal and, as the letter notes, “The actions of the Lingua editors reflect the underlying values of scholarship that knowledge should be shared as widely as possible for the benefit of research and society.”

 

The letter continues:

As organizations committed to the principle that access to information advances discovery, accelerates innovation, and improves education, we share the significant concerns raised by the Lingua editors and we support sustainable open access models. Furthermore, research is becoming increasingly international and we must develop a system that fosters global participation, regardless of geographical location or size of institution. To that end, we strongly support the Lingua editors’ decision to pursue an alternative solution, which will better serve the needs and values of higher education and the public that sustains it.

[. . .]

We firmly believe that the higher education and research communities need to collectively advance alternative models of scholarly publishing that are fair, sustainable, and transparent.

 

For more information, see “ARL, Higher Education Groups Support Lingua Editors, Open Access” on the ARL website.

It’s #OAWeek

Open Access Week 2015 is in full swing!  Here’s a list of events happening this week worldwide.

Just a couple quick points of note.  First, Congress continues to consider S. 779, the Fair Access to Science and Technology Research Act (FASTR), which the Senate Homeland Security and Governmental Affairs Committee unanimously approved.  It calls on federal agencies with research budgets of over $100 million to establish, to the extent possible, common public access policies for peer-reviewed journal literature resulting from federally funded research.  ARL continues to engage with Congress on this issue to support passage of this bill.

Additionally, there was great news to start off the week with University of Illinois Urbana-Champaign passing its Open Access policy.  The policy (subject to waivers) states

Each Faculty member, for the purpose of making his or her scholarly articles widely and freely available in an open access repository, grants to the University of Illinois a nonexclusive, irrevocable, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same.

University of Illinois Urbana-Champaign is one of several universities that have adopted open access policies this year, building on the success of policies adopted by universities previously.  MIT Libraries maintains a list of institutions with open access policies and their scope.

Enjoy the rest of #OAweek2015!

New Advocacy and Policy Update: August 14, 2015

A new ARL Advocacy and Policy Update, covering mid-June to mid-August is now available here.  Prior updates can be accessed here.

The summary and contents from the current Advocacy and Policy Update are reproduced below:

Summary

The US House of Representatives began the summer recess on July 30th, and the US Senate adjourned on August 6th with both reconvening on September 8th. September and October promise to be very busy months as both chambers must act on the FY 2017 appropriations bills, highway trust fund, debt ceiling, and many other issues. It is also hoped that there will be a deal to increase the spending limits under sequestration, which higher education institutions and others have long advocated for.

Much of the activity related to copyright has centered around the Copyright Office. Congressional offices continue to explore and discuss ways to modernize the Copyright Office, including various proposals to move the Copyright Office out of the Library of Congress. Additionally, the Copyright Office has issued notices of inquiries that relate to orphan works, mass digitization, visual works, and extended collective licensing.

There have been positive developments with respect to open access, open educational resources, and open data. The Obama Administration released science and technology priorities for FY 2017, which note that “preserving and improving access to scientific collections, research data, other results of federally funded research, open datasets and open education resources should be a priority for agencies.” The FASTR Bill to enhance public access to research was approved unanimously by the US Senate Committee on Homeland Security and Governmental Affairs.

Privacy and surveillance concerns continue as Congress is considering cybersecurity legislation that raises serious issues for privacy and civil liberties. Litigation around net neutrality is in full swing, with the briefs of telecommunications companies opposing the FCC’s net neutrality rules filed in July.

Finally, ARL continues to promote a simple and quick ratification of the Marrakesh Treaty. Currently, 10 countries have ratified the Treaty, and 10 more are needed for it to enter into force.

Contents

Copyright and Intellectual Property

  • Proposal to “Modernize” the Copyright Office
  • Copyright Office Notice of Inquiry on Visual Works
  • Copyright Office Notice of Inquiry on Mass Digitization and Extended Collective Licensing
  • House Judiciary Committee’s Copyright Review

Open Access, Open Educational Resources, and Open Data

  • Obama Administration Releases Science and Technological Priorities for FY 2017
  • Coalition Calls on White House to Open Up Access to Federally Funded Educational Resources
  • FASTR Bill to Enhance Public Access to Research Approved by US Senate Committee
  • National Technical Information Service (NTIS)

Update Appropriations

Draft Bill Would Eliminate NHPRC

Privacy and Surveillance

  • Cybersecurity Legislation
  • Electronic Communications Privacy Act Reform

Telecommunications

  • Net Neutrality Litigation

International Treaties

  • Trans-Pacific Partnership Agreement
  • Marrakesh Treaty