Dear Colleagues,
Further to Herbert's summary, which I support, the publishers allowing
the deposition of their published version/PDF in Institutional
Repositories can be found listed here:-

http://www.sherpa.ac.uk/romeo/PDFandIR.php?la=en

Best wishes,
John

On Thu, Feb 16, 2012 at 6:52 PM, Herbert J. Bernstein
<y...@bernstein-plus-sons.com> wrote:
> Dear Colleagues,
>
> If you want an excellent, painless transfer from journal to PUBMED, just
> stick
> to the IUCr journals.  They do an excellent job of cooperating in the NIH
> open access policy with an automatic transfer of the clean refereeded and
> edited
> paper to PUBMED.  Yes, the IUCr journal copy does look prettier -- more
> power to them  -- but nothing is missing from the PUBMED version, so
> everybody benefits:  the IUCr has its subscription money from libraries and
> individuals who need results as quickly as possible or in the best form, and
> students and researchers without an institutional subscription can still get
> a completely valid and complete copy on line.
>
> If you pay IUCr for open access and are NIH funded, they deposit in PUBMED
> immediately.  If you don't pay IUCr for open access and are NIH funded, they
> deposit in PUBMED a year after publication.  Either way it works and works
> well,
> you get excellent editing, you are publishing in very respectable journals,
> and
> your work ends up available to everybody.
>
> So, if you want a balanced, nuanced approach, please sign the petition, but
> also
> publish in the IUCr journals if you work fits, but don't publish in any
> journals
> that don't do automatic deposition or that support the NIH Open Access
> policy poorly.
>
> Regards,
>  Herbert
>
>
> On 2/16/12 12:27 PM, Enrico Stura wrote:
>>
>> Charlie,
>>
>> A much more balanced view than others have posted.
>>>
>>> NIH Open Access requirement is a vast  overreach.
>>
>> I agree.
>>>
>>> HR 3699 appears to be as deeply flawed.
>>
>> It could be made better with amendments?
>>
>> Enrico.
>>
>> On Thu, 16 Feb 2012 17:06:24 +0100, Charles W. Carter, Jr
>> <car...@med.unc.edu> wrote:
>>
>>> For what it's worth, my own experience with the issue of scholarly
>>> publication and open access is nuanced enough that perhaps my two-bits worth
>>> can add to this discussion. In short, I agree both with Ian's previous
>>> message and with Herbert, and feel that the incompatibility between them
>>> goes to the root of a problem for which the answer is certainly not quite
>>> there.
>>>
>>> I have been much influenced by the work done on this issue by Fred Dylla,
>>> Executive Director of the American Institute of Physics. Here is a link to
>>> recent information concerning his four-year effort to reach consensus on
>>> this issue:
>>>
>>> http://www.aip.org/aip/aipmatters/archive/2011/1_24_11.html
>>>
>>> I personally think that the NIH Open Access requirement is a vast
>>> overreach. PubMed Central is very difficult to use and ultimately has never
>>> satisfied me:  I always go to the UNC library holdings. There are several
>>> reasons why. The most immediate is that PubMed Central almost never gives a
>>> satisfactory copy of a paper I want to read, and the most serious reason is
>>> that I am convinced that the overhead exacted on authors and PIs by the NIH
>>> means that few, if any authors give much more than a glance in the direction
>>> of updating deposited manuscripts from journals that do not automatically
>>> deposit the version of record. For this reason, many PubMed Central entries
>>> are likely to have more than minor errors corrected in proof only in the
>>> version of record. I don't personally see any way around the problem that
>>> there is only one version of record and that version is the one for which
>>> copyright is retained by the publisher.
>>>
>>> On the other hand, I am deeply sympathetic to the argument that
>>> publicly-funded research must be freely accessible. After talking intensely
>>> with the library administrators at UNC, I also believe deeply that
>>> university library subscriptions satisfy the need for open access. Casting
>>> aside for the moment the issue of Open Access journals, whose only real
>>> difference lies in who pays the costs of publication, I have long believed
>>> that careful validation through peer review constitutes serious added value
>>> and that journals are entitled to being paid for that added value. What
>>> makes this issue more difficult for me is that I share with many the deep
>>> suspicions of corporate (as opposed to Member Society) publishing
>>> organizations. Several years ago I withdrew my expertise from the Nature
>>> group in protest over what I felt (after, again, long discussions with our
>>> UNC librarians) was a power play designed only to weaken the library
>>> systems. I have similar views about Elsevier.
>>>
>>> Finally, I am inclined to sign this petition for other reasons, including
>>> the fact that HR 3699 appears to be as deeply flawed in the other direction
>>> as the original enabling legislation that vested such power in the NIH and,
>>> in the same act, all but eliminated any opposition by diluting
>>> responsibility for compliance to the fullest possible extent, by penalizing
>>> PIs for non-compliance. When I first read of this petition, I was deeply
>>> incensed that the wing nuts in Congress would craft a bill so obviously
>>> designed to reward the 1%, so to speak.
>>>
>>> In closing, I earnestly recommend that as many of you as possible look
>>> into Fred Dylla's work on this issue. The AIP is a publisher whose only
>>> revenue other than philanthropy comes from the intellectual property and
>>> added value of its journals, some of which represent the finest in physical
>>> chemistry relevant to our community. Dylla deserves kudos for his effort to
>>> find consensus, something that seems to have gone way out of fashion in
>>> recent years.
>>>
>>> Charlie
>>>
>>>
>>>
>>> On Feb 16, 2012, at 10:37 AM, Ian Tickle wrote:
>>>
>>>> Dear Herbert
>>>>
>>>> Thanks for your detailed explanation.  I had missed the important
>>>> point that it's the requirement on the authors to assent to open
>>>> access after a year, which the proposed Bill seeks to abolish, that's
>>>> critical here.
>>>>
>>>> I will go and sign the petition right now!
>>>>
>>>> Best wishes
>>>>
>>>> -- Ian
>>>>
>>>> On 16 February 2012 15:24, Herbert J. Bernstein
>>>> <y...@bernstein-plus-sons.com> wrote:
>>>>>
>>>>> The bill summary says:
>>>>>
>>>>> Research Works Act - Prohibits a federal agency from adopting,
>>>>> maintaining,
>>>>> continuing, or otherwise engaging in any policy, program, or other
>>>>> activity
>>>>> that: (1) causes, permits, or authorizes network dissemination of any
>>>>> private-sector research work without the prior consent of the
>>>>> publisher; or
>>>>> *(2) requires that any actual or prospective author, or the author's
>>>>> employer, assent to such network dissemination. *
>>>>>
>>>>> Defines "private-sector research work" as an article intended to be
>>>>> published in a scholarly or scientific publication, or any version of
>>>>> such
>>>>> an article, that is not a work of the U.S. government, describing or
>>>>> interpreting research funded in whole or in part by a federal agency
>>>>> and to
>>>>> which a commercial or nonprofit publisher has made or has entered into
>>>>> an
>>>>> arrangement to make a value-added contribution, including peer review
>>>>> or
>>>>> editing, but does not include progress reports or raw data outputs
>>>>> routinely
>>>>> required to be created for and submitted directly to a funding agency
>>>>> in the
>>>>> course of research.
>>>>>
>>>>> ==========================================
>>>>>
>>>>> It is the second provision that really cuts the legs out from the NIH
>>>>> open
>>>>> access policy. What the NIH policy does is to make open access
>>>>> publication a
>>>>> condition imposed on the grant holders in publishing work that the NIH
>>>>> funded. This has provided the necessary lever for NIH-funded authors to
>>>>> be
>>>>> able to publish in well-respected journals and still to be able to
>>>>> require
>>>>> that, after a year, their work be available without charge to the
>>>>> scientific
>>>>> community. Without that lever we go back to the unlamented old system
>>>>> (at
>>>>> least unlamented by almost everybody other than Elsevier) in which
>>>>> pubishers
>>>>> could impose an absolute copyright transfer that barred the authors
>>>>> from
>>>>> ever posting copies of their work on the web. People affiliated with
>>>>> libraries with the appropriate subscriptions to the appropriate
>>>>> archiving
>>>>> services may not have noticed the difference, but for the significant
>>>>> portions of both researchers and students who did not have such access,
>>>>> the
>>>>> NIH open access policy was by itself a major game changer, making much
>>>>> more
>>>>> literature rapidly accessible, and even more importantly changed the
>>>>> culture, making open access much more respectable.
>>>>>
>>>>> The NIH policy does nothing more than put grant-sponsored research on
>>>>> almost
>>>>> the same footing as research done directly by the government which has
>>>>> never
>>>>> been subject to copyright at all, on the theory that, if the tax-payers
>>>>> already paid for the research, they should have open access to the
>>>>> fruits of
>>>>> that research. This law would kill that policy. This would be a major
>>>>> step
>>>>> backwards.
>>>>>
>>>>> Please read:
>>>>>
>>>>>
>>>>> http://blogs.scientificamerican.com/evo-eco-lab/2012/01/16/mistruths-insults-from-the-copyright-lobby-over-hr-3699/
>>>>>
>>>>> http://www.taxpayeraccess.org/action/action_access/12-0106.shtml
>>>>>
>>>>> http://www.care2.com/causes/open-access-under-threat-hr-3699.html
>>>>>
>>>>> Please support the petition. This is a very bad bill. It is not about
>>>>> protecting copyright, it is an effort to restrict the free flow of
>>>>> scientific information in our community.
>>>>>
>>>>> Regards,
>>>>> Herbert
>>>>>
>>>>> On 2/16/12 9:02 AM, Fischmann, Thierry wrote:
>>>>>>
>>>>>>
>>>>>> Herbert
>>>>>>
>>>>>> I don't see how the act could affect the NIH open access policy. Could
>>>>>> you
>>>>>> please shed some light on that?
>>>>>>
>>>>>> What I read seems reasonable and I intend to ask my representatives to
>>>>>> support this text. But obviously I am missing something and like to
>>>>>> learn
>>>>>> from you first.
>>>>>>
>>>>>> Regards
>>>>>> Thierry
>>>>>>
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: CCP4 bulletin board [mailto:CCP4BB@JISCMAIL.AC.UK] On Behalf Of
>>>>>> Herbert J. Bernstein
>>>>>> Sent: Thursday, February 16, 2012 8:16 AM
>>>>>> To: CCP4BB@JISCMAIL.AC.UK
>>>>>> Subject: Re: [ccp4bb] Fwd: HR3699, Research Works Act
>>>>>>
>>>>>> Dear Ian,
>>>>>>
>>>>>>   You are mistaken.  The proposed law has nothing to do with
>>>>>> preventing
>>>>>> the
>>>>>> encouragement people to break copyright law.  It has everything to do
>>>>>> with
>>>>>> trying to kill the very reasonable NIH open access policy that
>>>>>> properly
>>>>>> balances the rights of publishers with the rights of authors and the
>>>>>> interests of
>>>>>> the scientific community.  Most publishers fare quite well under a
>>>>>> policy that
>>>>>> gives them a year of exclusive control over papers, followed by open
>>>>>> access.
>>>>>>
>>>>>>   It is, unfortunately, a standard ploy in current American politics
>>>>>> to
>>>>>> make  a
>>>>>> law which does something likely to be very unpopular and very
>>>>>> unreasonable
>>>>>> sound like it is a law doing something quite different.
>>>>>>
>>>>>>   Please reread it carefully.  I think you will join in opposing this
>>>>>> law.  Science
>>>>>> benefits from the NIH open access policy and the rights of all
>>>>>> concerned
>>>>>> are respected.  It would be a mistake to allow the NIH open access
>>>>>> policy
>>>>>> to
>>>>>> be killed.
>>>>>>
>>>>>>   I hope you will sign the petition.
>>>>>>
>>>>>>   Regards,
>>>>>>     Herbert
>>>>>>
>>>>>>
>>>>>> On 2/16/12 6:29 AM, Ian Tickle wrote:
>>>>>>
>>>>>>>
>>>>>>> Reading the H.R.3699 bill as put forward
>>>>>>> (http://thomas.loc.gov/cgi-bin/bdquery/z?d112:HR03699:@@@L&summ2=m&;)
>>>>>>> it seems to be about prohibiting US federal agencies from having
>>>>>>> policies which permit, authorise or require authors' assent to break
>>>>>>> the law of copyright in respect of published journal articles
>>>>>>> describing work funded at least in part by a US federal agency.  I'm
>>>>>>> assuming that "network dissemination without the publisher's consent"
>>>>>>> is the same thing as breaking the law of copyright.
>>>>>>>
>>>>>>> It seems to imply that it would still be legal for US federal
>>>>>>> agencies
>>>>>>> to encourage others to break the law of copyright in respect of
>>>>>>> journal articles describing work funded by say UK funding agences! -
>>>>>>> or is there already a US law in place which prohibits that?  I'm only
>>>>>>> surprised that encouraging others to break the law isn't already
>>>>>>> illegal (even for Govt agencies): isn't that the law of incitement
>>>>>>> (http://en.wikipedia.org/wiki/Incitement)?
>>>>>>>
>>>>>>> This forum in fact already has such a policy in place for all journal
>>>>>>> articles (i..e not just those funded by US federal agencies but by
>>>>>>> all
>>>>>>> funding agencies), i.e. we actively discourage postings which incite
>>>>>>> others to break the law by asking for copies of copyrighted published
>>>>>>> articles.  Perhaps the next petition should seek to overturn this
>>>>>>> policy?
>>>>>>>
>>>>>>> This petition seems to be targeting the wrong law: if what you want
>>>>>>> is
>>>>>>> free flow of information then it's the copyright law that you need to
>>>>>>> petition to overturn, or you get around it by publishing in someplace
>>>>>>> that doesn't require transfer of copyright.
>>>>>>>
>>>>>>> Cheers
>>>>>>>
>>>>>>> -- Ian
>>>>>>>
>>>>>>> On 16 February 2012 09:35, Tim Gruene<t...@shelx.uni-ac.gwdg.de>
>>>>>>> wrote:
>>>>>>>
>>>>>>>
>>>>>>>>
>>>>>>>> -----BEGIN PGP SIGNED MESSAGE-----
>>>>>>>> Hash: SHA1
>>>>>>>>
>>>>>>>> Dear Raji,
>>>>>>>>
>>>>>>>> maybe you could increase the number of supporters if you included a
>>>>>>>> link
>>>>>>>> to (a description of) the content of HR3699 - I will certainly not
>>>>>>>> sign
>>>>>>>> something only summarised by a few polemic sentences ;-)
>>>>>>>>
>>>>>>>> Cheers,
>>>>>>>> Tim
>>>>>>>>
>>>>>>>> On 02/15/2012 11:53 PM, Raji Edayathumangalam wrote:
>>>>>>>>
>>>>>>>>
>>>>>>>>>
>>>>>>>>> If you agree, please signing the petition below. You need to
>>>>>>>>> register
>>>>>>>>> on
>>>>>>>>> the link below before you can sign this petition. Registration and
>>>>>>>>> signing
>>>>>>>>> the petition took about a minute or two.
>>>>>>>>>
>>>>>>>>> Cheers,
>>>>>>>>> Raji
>>>>>>>>>
>>>>>>>>> ---------- Forwarded message ----------
>>>>>>>>> From: Seth Darst<da...@mail.rockefeller.edu>
>>>>>>>>> Date: Tue, Feb 14, 2012 at 12:40 PM
>>>>>>>>> Subject: HR3699, Research Works Act
>>>>>>>>> To:
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Rep. Caroline Maloney has not backed off in her attempt to put
>>>>>>>>> forward
>>>>>>>>> the
>>>>>>>>> interests of Elsevier and other academic publishers.
>>>>>>>>>
>>>>>>>>> If you oppose this measure, please sign this petition on the
>>>>>>>>> official
>>>>>>>>> 'we
>>>>>>>>> the people' White House web site. It needs 23,000 signatures before
>>>>>>>>> February 22nd and only 1100 so far. Please forward far and wide.
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> Oppose HR3699, the Research Works Act
>>>>>>>>>
>>>>>>>>> HR 3699, the Research Works Act will be detrimental to the free
>>>>>>>>> flow of
>>>>>>>>> scientific information that was created using Federal funds. It is
>>>>>>>>> an
>>>>>>>>> attempt to put federally funded scientific information behind
>>>>>>>>> pay-walls,
>>>>>>>>> and confer the ownership of the information to a private entity.
>>>>>>>>> This
>>>>>>>>> is an
>>>>>>>>> affront to open government and open access to information created
>>>>>>>>> using
>>>>>>>>> public funds.
>>>>>>>>>
>>>>>>>>> This link gets you to the petition:
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> https://wwws.whitehouse.gov/petitions#!/petition/oppose-hr3699-research-works-act/vKMhCX9k
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>
>>>>>>>> - -- - -- Dr Tim Gruene
>>>>>>>> Institut fuer anorganische Chemie
>>>>>>>> Tammannstr. 4
>>>>>>>> D-37077 Goettingen
>>>>>>>>
>>>>>>>> GPG Key ID = A46BEE1A
>>>>>>>>
>>>>>>>> -----BEGIN PGP SIGNATURE-----
>>>>>>>> Version: GnuPG v1.4.10 (GNU/Linux)
>>>>>>>> Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/
>>>>>>>>
>>>>>>>> iD8DBQFPPM3kUxlJ7aRr7hoRAsKYAKDIs/jZHPBIV4AB2qrpBdXrSOn+VwCePabR
>>>>>>>> Nm6+LK17jLJnPTqkjsQ4fV8=
>>>>>>>> =a27t
>>>>>>>> -----END PGP SIGNATURE-----
>>>>>>>>
>>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>
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>



-- 
Professor John R Helliwell DSc

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