Peter Murray-Rust raises the important point that the Copyright Clearance 
Center (CCC)'s basic model fits with perpetual copyright, the antithesis of 
open access.

However, I argue that the open access movement needs to engage with the issues 
that will or might be raised by this group. Following is a bit of background, 
concluding with a recommendation that copyright for scholarly works should be 
led by the research community not industry groups, perhaps coordinated by 
bodies such as Canada's Tri-Council of national research funding agencies.

Many advocates of open access also advocate for the most liberal of open 
licenses. From my perspective, this is naive because some of the most liberal 
of open licenses, in particular immediate dedication to public domain and CC 
licenses granting downstream commercial use rights (CC-0, CC-BY, CC-BY-SA) 
grant to anyone the right to sell the works. This is already happening as open 
access works are included in toll access packages such as Elsevier's Scopus.

Creators are giving away their works using CC licenses thinking they are 
contributing to a commons. The problem with this is that lack of restrictions 
means, for example, that images in CC-BY licensed works can be included either 
in Wikimedia commons for free sharing or to create a for-pay image databank.

If OA venues are lost in future, the toll access versions may be the only ones 
available. As I noted recently, the attrition rate at SpringerOpen is 16%, with 
most ceased journals de-listed by both SpringerOpen and DOAJ and content 
available through Springer's subscriptions site:
https://sustainingknowledgecommons.org/2019/07/22/springer-open-ceased-now-hybrid-oa-identification-challenges/

The trend towards market concentration that was evident for subscription based 
publishers is beginning to be seen with open access publishers as well. 
Examples: Versita was bought by De Gruyter; Medknow was bought by Wolters 
Kluwer; Co-Action was bought by Taylor & Francis; Libertas Academic was bought 
by Sage; BMC was bought by Springer; as we report regularly, many of the OA 
journals by commercial publishers have no APC due to partnerships with 
universities and societies, indicating that traditional publishers are pursuing 
such partnerships on a global basis. Plus many commercial initiatives once 
thought of as OA friendly (Mendeley, SSRN, Bepress) have been bought by 
Elsevier.

Both perpetual copyright and the most liberal forms of open licensing are 
problematic for scholarly works. Members of CCC, OASPA, and other industry 
groups (e.g. STM, ALPSP) are in a conflict of interest position when advocating 
for particular approaches to copyright / licensing, that is, members stand to 
benefit or lose financially.

It is problematic for any of these groups to lead research and decision-making 
on matters of copyright. Leadership should come from the research community. 
Researchers need time to devote to such activity and in particular to 
coordinate. In Canada, coordination of consultation on this topic might best be 
led by Canada's Tri-Council of national research funders, perhaps in 
cooperation with similar groups in other countries.


Dr. Heather Morrison

Associate Professor, School of Information Studies, University of Ottawa

Professeur Agrégé, École des Sciences de l'Information, Université d'Ottawa

Principal Investigator, Sustaining the Knowledge Commons, a SSHRC Insight 
Project

sustainingknowledgecommons.org

heather.morri...@uottawa.ca

https://uniweb.uottawa.ca/?lang=en#/members/706

[On research sabbatical July 1, 2019 - June 30, 2020]

________________________________
From: goal-boun...@eprints.org <goal-boun...@eprints.org> on behalf of Peter 
Murray-Rust <pm...@cam.ac.uk>
Sent: Wednesday, September 11, 2019 7:32 AM
To: Global Open Access List (Successor of AmSci) <goal@eprints.org>
Subject: Re: [GOAL] Call for applications - International Open Access Advisory 
Group

Attention : courriel externe | external email

What is the relation of this group to the actual activities of CCC? Does it 
have the power to advise that it extends copyright and licensing to areas what 
those practices do great harm, and that the prices for re-use are often 
extortionate (one article in NEJM apparently generated over 1 million USD for 
re-use of a scholarly article).

If the advisory group were to recommend that CCC's activities be transparently 
regulated with price caps I might have some sympathy. As it is CCC will have to 
convince me that it is more than an unregulated rent-seeker.

(It's also the antithesis of Open Access - the theme of this list)

--
"I always retain copyright in my papers, and nothing in any contract I sign 
with any publisher will override that fact. You should do the same".

Peter Murray-Rust
Reader Emeritus in Molecular Informatics
Unilever Centre, Dept. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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