On 14 May 2012, at 23:59, Wise, Alicia (ELS-OXF) wrote:

> Hi all,

> [cut]
>  
> Jan – thank you for the constructive suggestion to make all the journal 
> material available with delayed open access (CC-BY, fully re-usable and 
> mine-able) after a reasonable embargo period.  Why do you suppose it is that 
> more publishers have not done just this, and are there any ways to offer 
> reassurance or otherwise help to overcome any real or perceived barriers?

Hi Alicia,

The ideal situation in my view is immediate BOAI-compliant open access (CC-BY) 
whereby the peer-reviewed published version of an article, the version of 
record, is made available, with full re-use and mining rights, immediately upon 
publication, in both XML/HTML and PDF formats.

That means 'gold' open access, and that in turn means, in practice, author-side 
paid CC-BY open access, as offered by e.g. PLoS and BMC. There are few 
exceptions to the 'author-side paid' element, though sometimes they take the 
form of behind-the-scenes subsidies (charities, etc.), either direct or 
indirect. Note the 'author-side paid' as opposed to 'author-paid'. 

When publishers offer author-side paid open access, it makes no sense not to 
cover the resulting publications with a CC-BY (or equivalent) licence, and 
retain some kind of 'control', such as an NC clause, which I've described as 
'profit-spite' as it is neither logical nor reasonable. Btw, not only 
publishers display these visceral 'control' reactions; some authors do as well. 
The control culture of © is perhaps debit to that.

Some publishers, however, are simply not able to offer such author-side paid 
open access and at the same time sustain their profit levels, as the amount of 
revenue they make per article published is such that it would translate into an 
open access 'article processing fee' that is beyond what authors – and, more to 
the point, funding bodies – would recognise as reasonable and therefore 
potentially acceptable. I suspect Elsevier falls in this category. (In 
contrast, Springer, for example, could offer open access to all its journals – 
the hybrid option – because it made only in the order of half the average 
revenue per article that Elsevier made at the time, and so Springer would run 
no risks of losing revenues in the hypothetical event of every author all of a 
sudden choosing the open access option at the article processing fee levels 
deemed acceptable by major funders.

How to reconcile the legitimate desire – need even – of academia for immediate 
full (CC-BY) open access, with the desire – and need in the capitalist system 
we live in – of publishers to protect their revenue and profit levels?

We can't. So what's the next best solution? 

Serious concessions have already been made to the ideal situation of immediate 
CC-BY open access. The full open access as described in the BOAI (CC-BY is the 
best representation of it) has already been watered down to 'ocular access' 
only, a.k.a. 'gratis OA', just human-readable. Another concession has been the 
quiet dropping of the call for immediacy. In many institutional mandates there 
is a provision for an embargo.

Instead of reacting with fear to demands from the scientific community, 
Elsevier could proact and take a lead in seeing these concessions as an 
opportunity. Asking why other publishers haven't done this is really below the 
dignity of the largest publisher, who should, and could, show leadership 
instead of meek followship. 

One step could be to promote self-archiving instead of reluctantly allowing it 
and then only under certain circumstances. But given that immediacy is 
obviously not considered the most important feature of OA by many of its 
advocates (vide many mandates), and immediacy is perhaps the most 
understandable of the publishers' fears, there is an opportunity for Elsevier 
to make all the journal material it publishes available with full open access, 
CC-BY, after a reasonable embargo of a year, maybe two years in less 
fast-moving disciplines. 

It is highly unlikely that revenue levels would be materially affected (to the 
chagrin of some, no-doubt, but that's another discussion), and yet the 
usefulness of the published literature to the world at large would increase 
spectacularly, so here is a potential coup for Elsevier. And a chance to 
reclaim a leadership role in scientific publishing.

There will be fears about 'slippery slopes' in the company, of course (what if 
academics demand a shorter embargo?; what if librarians cancel because they 
believe their patrons can wait a year for access?), but they cut little ice and 
can be characterised as 'cold water fears'. Unintended consequences and 
customer demands are a fact of life in any scenario, and the slippery slope of 
retentive policies (academic/author resentment, boycotts, atrocious PR, etc.) 
may be far more slippery and ultimately destructive.

Your call.

Best,

Jan




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