Open access is in the process of transition from a toll access system that 
continues to yield enormous profits to a very few publishers at the expense of 
the rest of us. OA gains have been significant, but I do not think we should 
underestimate the temptation to revert to toll access. The SSRN sellout to 
Elsevier might be a good opportunity to consider how to develop open access 
policy to ensure that works that are made open access remain open access. Every 
potential approach has both strengths and weaknesses. I argue that a 
sustainable open access ecosystem needs to have redundancy built in. Copies of 
OA works should be in the institutional repository, every possible subject 
repository, as well as many research and national libraries around the world 
for safeguarding.

One of the potential vulnerabilities of institutional repositories is that 
institutions facing a budgetary crisis could be tempted to charge for access or 
to sell off the repository (or even the institution). 

The best policy to date to minimize this potential, in my mind, is the MIT 
faculty open access policy (acknowledging Harvard as the pioneer of this style 
of policy). Following is the relevant part of the text of the policy:

"Each Faculty member grants to the Massachusetts Institute of Technology 
nonexclusive permission to make available his or her scholarly articles and to 
exercise the copyright in those articles for the purpose of open dissemination. 
In legal terms, each Faculty member grants to MIT 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, provided that 
the articles are not sold for a profit, and to authorize others to do the 
same”. 
from: 
https://libraries.mit.edu/scholarly/mit-open-access/open-access-at-mit/mit-open-access-policy/

The improvement over the Harvard policy is the specification that the articles 
are to be made available for the purpose of open dissemination. The reason that 
this is important is because specifying that the articles not be “sold for a 
profit” leads the door open for cost-recovery charges. Institutional 
cost-recovery could include paying a company that provides the service, e.g. 
Elsevier. If anyone is considering similar policy I recommend adding a clause 
stating “free of charge for the user” which is much clearer.

If even a few large research libraries around the world were to regularly 
download and make accessible a mirror of the whole MIT open access repository, 
making good use of their downstream user rights, I submit that that would be a 
very robust system indeed to secure open access into the future.

Thoughts?

-- 
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa
http://www.sis.uottawa.ca/faculty/hmorrison.html
Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
heather.morri...@uottawa.ca



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