Re: Harvard Adopts 38th Green Open Access Self-Archiving Mandate

From: Terry Martin <martin_at_LAW.HARVARD.EDU>
Date: Wed, 13 Feb 2008 15:25:33 -0500

Stevan,

I'm sure your version is preferable to the one actually passed by
FAS. Some of us urged a more forceful approach. However, those with a
better political sense thought otherwise.

Note also that only the Faculty of Arts and Sciences - large as it is
- has accepted this policy. It has yet to be debated at the schools
of  law, business, medical, education, design, divinity, or public
administraion.

Terry

Stevan Harnad wrote:

      Absent any new information (or amendments) to the
      contrary, Harvard University's Faculty of Arts and
      Sciences on Tuesday February 12 adopted the world's 38th
      Green Open Access Self-Archiving Mandate -- the 16th of
      the institutional or departmental mandates.
      http://www.fas.harvard.edu/~secfas/February_2008_Agenda.pdf

      An OA mandate from Harvard is especially significant,
      timely and welcome for the worldwide Open Access
      movement, as Harvard will of course be widely emulated,
      and many other universities are now proposing to adopt OA
      mandates.
      http://openaccess.eprints.org/index.php?/archives/356-guid.html

      The objective of the Harvard (Faculty of Arts and
      Sciences) mandate is to provide Open Access (OA) to its
      own scholarly article output. This objective is
      accomplished by making those articles freely accessible
      on the web, by depositing them in a Harvard OA
      Institutional Repository.

      The means of attaining this objective is to mandate OA,
      which Harvard has now done. But Harvard has gone further,
      and mandated copyright retention as well. Copyright
      retention is highly desirable and welcome, *but it is not
      necessary in order to provide OA*; and mandating
      copyright retention has also necessitated the adoption of
      an opt-out clause because of potential author resistance
      to perceived or actual constraints on their choice of
      journal.

      In order to prevent the copyright-retention requirement
      from compromising the deposit requirement, I accordingly
      urge a few small but crucial changes in the wording of
      the mandate.

      First, here is the Harvard OA mandate as it now stands:

          Motion on behalf of the ProvostâEUR[tm]s Committee on
      Scholarly Publishing:

          The Faculty of Arts and Sciences of Harvard
      University is committed to
          disseminating the fruits of its research and
      scholarship as widely
          as possible. In keeping with that commitment, the
      Faculty adopts
          the following policy:

          [COPYRIGHT RETENTION POLICY] Each Faculty member
      grants to the
          President and Fellows of Harvard College permission
      to make available
          his or her scholarly articles and to exercise the
      copyright in those
          articles. In legal terms, the permission granted by
      each Faculty
          member is a nonexclusive, irrevocable, paid-up,
      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, provided that the articles are not
      sold for a profit.

          [OPT-OUT CLAUSE] The policy will apply to all
      scholarly articles
          written while the person is a member of the Faculty
      except for any
          articles completed before the adoption of this policy
      and any articles
          for which the Faculty member entered into an
      incompatible licensing
          or assignment agreement before the adoption of this
      policy. The
          Dean or the DeanâEUR[tm]s designate will waive
      application of the policy
          for a particular article upon written request by a
      Faculty member
          explaining the need.

          [DEPOSIT MANDATE] To assist the University in
      distributing the
          articles, each Faculty member will provide an
      electronic copy of
          the final version of the article at no charge to the
      appropriate
          representative of the ProvostâEUR[tm]s Office in an
      appropriate format
          (such as PDF) specified by the ProvostâEUR[tm]s
      Office. The ProvostâEUR[tm]s
          Office may make the article available to the public
      in an open-access
          repository.

          The Office of the Dean will be responsible for
      interpreting this
          policy, resolving disputes concerning its
      interpretation and
          application, and recommending changes to the Faculty
      from time to
          time. The policy will be reviewed after three years
      and a report
          presented to the Faculty.

      Now here are the small but crucial changes that will
      immunize the deposit requirement against any opt-outs
      from the copyright-retention requirement (note the
      re-ordering of the clauses, and the addition of
      the CAPITALIZED PASSAGES):

          Motion on behalf of the ProvostâEUR[tm]s Committee on
      Scholarly Publishing:

          The Faculty of Arts and Sciences of Harvard
      University is committed to
          disseminating the fruits of its research and
      scholarship as widely
          as possible. In keeping with that commitment, the
      Faculty adopts
          the following policy:

          [DEPOSIT MANDATE] To assist the University IN
      PROVIDING OPEN ACCESS
          TO ALL SCHOLARLY ARTICLES PUBLISHED BY ITS FACULTY
      MEMBERS, each
          Faculty member IS REQUIRED TO provide, IMMEDIATELY
      UPON ACCEPTANCE
          FOR PUBLICATION, an electronic copy of the final
      version of each
          article at no charge to the appropriate
      representative of the
          ProvostâEUR[tm]s Office in an appropriate format
      (such as PDF) specified
          by the ProvostâEUR[tm]s Office. THIS CAN BE DONE
      EITHER BY DEPOSITING IT
          DIRECTLY IN HARVARD'S INSTITUTIONAL REPOSITORY OR BY
      EMAILING IT TO
          THE PROVOSTâEUR[tm]S OFFICE TO BE DEPOSITED ON THE
      AUTHOR'S BEHALF.

          [COPYRIGHT RETENTION POLICY] Each Faculty member IS
      ALSO ENCOURAGED
          TO GRANT to the President and Fellows of Harvard
      College permission
          to make available his or her scholarly articles and
      to exercise the
          copyright in those articles. In legal terms, the
      permission granted
          by each Faculty member is a nonexclusive,
      irrevocable, paid-up,
          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, provided that
      the articles
          are not sold for a profit.

          [POLICY OPT-OUT CLAUSE] The COPYRIGHT RETENTION AND
      LICENCE-GRANTING
          POLICY will apply to all scholarly articles written
      while the person
          is a member of the Faculty except for any articles
      completed before
          the adoption of this policy and any articles for
      which the Faculty
          member entered into an incompatible licensing or
      assignment agreement
          before the adoption of this policy. The Dean or the
      DeanâEUR[tm]s designate
          will waive application of the policy for a particular
      article upon
          written request by a Faculty member explaining the
      need.

          The Office of the Dean will be responsible for
      interpreting this
          policy, resolving disputes concerning its
      interpretation and
          application, and recommending changes to the Faculty
      from time to
          time. The policy will be reviewed after three years
      and a report
          presented to the Faculty.

      Hyperlinked version of this posting:
      http://openaccess.eprints.org/index.php?/archives/362-guid.html

      Stevan Harnad
      AMERICAN SCIENTIST OPEN ACCESS FORUM:
http://amsci-forum.amsci.org/archives/American-Scientist-Open-Access-Forum.h
      tml
          http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/

      UNIVERSITIES and RESEARCH FUNDERS:
      If you have adopted or plan to adopt a policy of
      providing Open Access
      to your own research article output, please describe your
      policy at:
          http://www.eprints.org/signup/sign.php
         
      http://openaccess.eprints.org/index.php?/archives/71-guid.html
         
      http://openaccess.eprints.org/index.php?/archives/136-guid.html

      OPEN-ACCESS-PROVISION POLICY:
          BOAI-1 ("Green"): Publish your article in a suitable
      toll-access journal
          http://romeo.eprints.org/
      OR
          BOAI-2 ("Gold"): Publish your article in an
      open-access journal if/when
          a suitable one exists.
          http://www.doaj.org/
      AND
          in BOTH cases self-archive a supplementary version of
      your article
          in your own institutional repository.
          http://www.eprints.org/self-faq/
          http://archives.eprints.org/
          http://openaccess.eprints.org/


--
Harry S. Martin III (Terry)
Henry N. Ess III Librarian & Professor of Law
Harvard Law School
511 Areeda Hall
1545 Massachusetts Avenue
Cambridge, MA 02138
Tel: 617-496-2121
Fax: 617-495-4449
www.law.harvard.edu/faculty/martin
Received on Wed Feb 13 2008 - 20:32:31 GMT

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