Leveraging the License: Part II

From 2015 to 2017, I served as co-chair of the Bloomington Faculty Council (BFC) Library Committee. The committee worked for two years to pass, by a unanimous vote of the BFC, the IU Bloomington Open Access Policy.

During my time as co-chair, I spoke with dozens of faculty members, including department chairs and administrators, about the policy. In addition to touting the benefits of Open Access, such as more exposure and potential impact for the scholarship of faculty authors achieved by means of free access and long-term preservation, I routinely described the Open Access as ‘symbolic’ and ‘heuristic’.

By symbolic, I wanted to suggest that adoption of the policy would add the moral authority of another large public research university, such as Indiana University – Bloomington, to the list of U.S. colleges and universities who have adopted such policies.

By heuristic, I meant to express my view that the policy would – and now does – provide an impetus for faculty to think about how they might like to be able to reuse their work in other ways that could be professionally beneficial to them, besides simply transferring their copyright to a journal publisher in return for publication of their scholarly articles. Such uses could include freely distributing their publications through their own professional website, via social media, by means of an institutional or discipline-specific Open Access repository, or simply making them available to students in their classes. The IUB Open Access Policy fosters this goal by providing an institutional mechanism for retaining at least some of a faculty member’s copyrights in their scholarly work.

The policy is not a mandate. Faculty are not required to make their work Open Access. Under the policy, each IUB faculty member grants for themselves, at their discretion, the non-exclusive license articulated by the policy, which permits the university to make their scholarly “articles freely and widely available in an open access repository, provided that the articles are not sold, and appropriate attribution is given to authors.” Because authors can only license their work to the university in keeping with the Open Access policy if they retain enough of their rights to do so, the prior license granted in the policy provides leverage for a faculty member to use when negotiating publishing agreements with journal publishers. This is why Open Access policies, like IUB’s, which are modeled on Harvard University’s policy, are also often referred to as rights-retention policies.

While many publishers now have self-archiving policies that are consistent with the requirements of institutional and government-mandated Open Access polices (see http://www.sherpa.ac.uk/romeo/index.php), it might still be necessary to negotiate with publishers to achieve those ends. If you choose to negotiate your copyright with your publisher, the following suggested statement can be used to begin the discussion:

“Journal acknowledges that Author retains the right to provide a copy of the final manuscript, upon acceptance for Journal publication or thereafter, for compliance with the Indiana University Open Access Policy and for public archiving in IUScholarWorks as soon as possible after publication by Journal.”

This language can be added to amend a journal publishing agreement. Alternatively, IU provides a suitable form of addendum used in copyright negotiations at Big 10 Academic Alliance (formerly CIC) institutions. SPARC, the Scholarly Publishing and Academic Resources Coalition, also offers an author addendum with supporting documentation. Whether you use one of these addenda or not, the license to IUB will have force, unless you complete the opt out process. For information about opting out or obtaining a waiver letter, visit https://openscholarship.indiana.edu/.

A faculty author could have legitimate reasons to elect to opt out of the Open Access policy. One of the most prevalent reasons is the inclusion of third-party intellectual property quoted or included in a scholarly article under license from a copyright owner. Some common examples include an image or a musical excerpt. Licensing such content can be prohibitively expensive if the article is to be published in an Open Access repository. And while it is possible to deposit a faculty author’s final edited version of a scholarly article without any third-party content that exceeds fair use or is covered by a licensing agreement, an author might legitimately be concerned that the value of their article would be undermined by doing so. If an author cannot secure a license to make third-party intellectual property included in their work available with their article in an Open Access repository, they should opt out of the policy when reporting their work in their annual review on DMAI.

For help with author addenda or other intellectual property issues related to the IUB Open Access policy, please refer to the policy FAQ, or email nazapant@indiana.edu.

 

Scholarly Communication Consultation Schedule for Spring 2016

This spring staff members from the Scholarly Communication department will once again be holding consultation sessions in the Scholars’ Commons. Naz will hold consultation hours once a week for issues related to copyright and intellectual property. And once per month, Shayna and Richard will be available to answer questions about using the IUScholarWorks institutional repository and the Open Journal System. Our hours for the Spring semester are as follows:

Copyright Information Services
Presented by Naz Pantaloni​
Friday, 10:00 am – 12:00 pm in room 157R

Open Access Publishing
Presented by Shayna Pekala & Richard Higgins
Second Thursday of each month, 2:00 pm – 3:00pm in room 157R
Jan 14, Feb 11, Mar 10, Apr 14

The Scholars Commons is located on the first floor of the East Tower at the Herman B Wells Library. These are drop-in hours, so no appointment is necessary.

OA Week 2014 Wrap-Up

On October 20-24th, IU Bloomington celebrated Open Access Week 2014 with a series of workshops and events to increase the local research community’s understanding of open access. Moira Marsh and Dee Mortensen kicked off the week with a session on the “Road to Publishing for Students,” where they relayed the steps in the publishing process and shared tips on how to (and how not to) get published.

Tuesday’s events began with a student roundtable discussion on open access moderated by ILS professor Cassidy Sugimoto. The four student panelists shared their thoughts on a variety of issues in open access, including types of OA, quality control, activism, power dynamics of publishers, disciplinary differences, and more. In the afternoon, Nicholas Wyant, Theresa Quill, and Christina Sheley showcased three different tools for finding open access resources in the social sciences: SSRN, American Fact Finder, and Open Street Map.

Shayna Pekala led a workshop on Wednesday morning introducing Open Journal Systems (OJS) software as a tool for publishing your open access journal. Jen Laherty followed on Thursday afternoon with an informative workshop on how to write a data management plan for an NSF grant proposal (for those of you who missed it, a recording is available here). She also explained the various options for storing data at IU and where to go for help with managing your data.

Naz Pantaloni gears up for his presentation on journal publishing agreements.
Naz Pantaloni gears up for his presentation on journal publishing agreements.

Naz Pantaloni wrapped the week up with a session on negotiating journal publishing agreements. He talked about the basics of copyright, what rights are typically negotiable, and how authors can use an Author Addendum to maximize their rights.

Overall it was a successful week with ample learning opportunities for students and faculty alike. A big thank you to all of the presenters, the Scholars’ Commons, and the Libraries for making these events possible!

Highlights from Open Access Week 2012 at IUB

This year’s Open Access Week events at Indiana University-Bloomington were a resounding success. Due in large part to new cross-campus partnerships, the Scholarly Communication department was able to bring a series of six events to students and faculty from October 22-26.

 Image 1: Naz Pantaloni answers questions about copyright law and open access
Naz answers a question about how copyright law affects Open Access at Monday’s event

Librarians Jen Laherty and Nazareth Pantaloni kicked off the week on Monday with their talk “Making Your Work Open Access,” which focused on IU-specific resources for those new to OA publishing. Dr. Urs Schoepflin of Max Planck Gesellschaft fuer Wissenschaftsgeschichte (Berlin) gave a talk on Monday afternoon titled “Challenges for the Humanities: Scholarly Work and Publishing in the Digital Age.” The event, sponsored by Sawyer Seminar (Mellon Foundation), Catapult Center for Digital Humanities, and HPSC brought together faculty and librarians from across the campus for a great discussion on experiences in supporting Open Access digital humanities projects.

On Tuesday, Business/SPEA and Law School graduate students attended a lecture (co-sponsored by GPSO) led by Christina Sheley, Cindy Dabney, and Stacy Konkiel on how to use the popular subject repository, Social Science Research Network.

 Image 2: Will Cowan
Will Cowan (Digital Library Program) explains the Oufinopo Database of public domain film noir clips at Wednesday’s event

Science was also on the mind of those who attended Wednesday’s DLP brown bag, “Open Data Visualizations for the Sciences and Humanities,” featuring researchers from across the campus that use visualizations based on open data to power their work. The event, which was the first brown bag held at the new IQ Wall in the Wells Library East Tower, was the week’s best attended.

Thursday’s grad student-focused brown bag, “Real Experiences with Open Access,” featured Dean David W. Lewis (IUPUI), who described the OA publishing landscape via video conference to audiences at

 Image 3: Graduate students listen to Dean David W. Lewis's lecture on Open Access at Thursday's brown bag event
Graduate students listen to Dean David W. Lewis’s lecture on Open Access at Thursday’s brown bag event

IU Bloomington and IUPUI. The event, co-organized by IUB SLIS students Laura Manifold and Margaret Janz and librarian Kristi Palmer at IUPUI, and co-sponsored by the GPSO, was the most popular graduate student event of the week. Asked why she chose to participate in Open Access Week, Manifold explained, “I really believe Open Access is an integral part of the library’s future.  As an MLIS graduate student, it’s important to me to get my peers involved in what will be the norm for scholarship and research.” Janz agreed, adding: “Open Access is a great -and necessary- shift in scholarly communication, not just for graduate students, but for all scholars and researchers. It’s goes beyond issues of library budgets; open sharing of information is essential for advancing research on a global scale.”

Friday saw the final event for Open Access Week at IU Bloomington, “Complying with the NIH Public Access Mandate.” The workshop helped attendees understand the OA-friendly federal mandate, and showcased the tools used to make NIH-sponsored research freely available to the public.

The IU Libraries and the new Office of Scholarly Publishing rounded out the week by releasing a statement explaining their support for Open Access. The statement, available here on the Scholarly Communication Department’s blog, sums up the reasons why facilitating Open Access publishing is a priority for the Libraries.

The Scholarly Communication Department would like to thank the GPSO for their co-sponsorship of our events. We would also like to thank our workshop leaders, participants, and SLIS students Laura Manifold and Margaret Janz.