“Subscribe to Open” as a model for voting with our dollars

Elsewhere in this blog I’ve made the case that academic libraries should “vote with their dollars” to encourage and enable the kind of changes in the scholarly communication system that we’d like to see — those that move us towards a more open and equitable ecosystem for sharing science and scholarship.  Most recently, Jeff Kosokoff and I explored the importance of offering financial support for transitional models that help publishers down a path to full open access, and we called out Annual Reviews’ emerging “Subscribe to Open” model as a good example of one that provides a pathway to OA for content that is not suited to an article processing charge (APC) approach.  Here, Richard Gallagher, President and Editor-in-Chief of Annual Reviews (AR), and Kamran Naim, Director of Partnerships and Initiatives, explore with us the rationale for AR’s pursuit of an open access business model that is not based in APCs, provide details how “Subscribe to Open” is intended to work, and describe its transformative potential.
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Supporting the Transition: Revisiting organic food and scholarly communication

This is a joint post by guest Jeff Kosokoff, Assistant University Librarian for Collection Strategy, Duke University, and IO author Ellen Finnie, MIT Libraries.

From the perspective of academic libraries and many researchers, we have an unhealthy scholarly information ecosystem. Prices consistently rise at a rate higher than inflation and much faster than library budgets, increasingly only researchers in the most well-financed organizations have legitimate access to key publications, too few businesses control too much of the publishing workflow and content data, energy toward realizing the promise of open access has been (as Guédon describes it)  “apprehended” to protect publisher business models, and artificial scarcity rules the day. Massive workarounds like SciHub and #icanhaspdf have emerged to help with access, but such rogue solutions seem unsustainable, may violate the law, and most certainly represent potential breaches of license agreements. While many of the largest commercial publishers are clinging to their highly profitable and unhealthy business models, other more enlightened and mission-driven publishers — especially scholarly societies — recognize that the system is broken and are looking to consider new approaches. Often publishers are held back by the difficulty and risk in moving from the current model to a new one. They face legitimate questions about whether a new funding structure would work, and how a publisher can control the risks of transition. Read more

Transitioning Society Publications to Open Access

This is a guest post written by Kamran Naim, Director of Partnerships & Initiatives, Annual Reviews; Rachael Samberg, Scholarly Communications Officer, UC Berkeley Library; and Curtis Brundy, AUL for Scholarly Communications and Collections, Iowa State University.

The Story of Society Publications

Scientific societies have provided the foundations upon which the global system of scholarly communication was built, dating back to the 17th century and the birth of the scholarly journal. More recent developments in scholarly communication–corporate enclosure, financial uncertainty, and open-access policies from funders and universities–have shaken these foundations. Recognizing the crucial role that societies have played–and must continue to play in advancing scientific research and scholarship–a group of OA advocates, library stakeholders, and information strategists has organized to provide concrete assistance to society journals. The aim is to allow scholarly societies to step confidently towards OA, enabling them to renew, reclaim, and reestablish their role as a vital and thriving part of the future open science ecosystem. Read more

Lessons from the ReDigi decision

The decision announced last month in the ReDigi case, more properly known as Captiol Records v. ReDigi, Inc. was, in one sense, at least, not a big surprise.  It was never very likely, given the trajectory of recent copyright jurisprudence, that the Second Circuit would uphold a digital first sale right, which is fundamentally what the case is about.  The Court of Appeals upheld a lower court ruling that the doctrine of first sale is only an exception to the distribution right and, therefore, does not protect digital lending because, in that process, new copies of a work are always made.  His reasoning pretty much closes the door on any form of digital first sale right, even of the “send and delete” variety that tries to protect against multiple copies of the work being transferred. Read more

What really happens on Public Domain Day, 2019

The first of January, as many of you know, is the day on which works whose copyright term expired the previous year officially rise into the public domain. For many years now, however, no published works have entered the PD because of the way the 1976 Copyright Act restructured the term of copyright protection. 2018 was the first year in decades that the term of protection for some works – those published in 1923 – began to expire, so on January 1, 2019, many such published works will, finally, become public property. Lots of research libraries will celebrate by making digital versions of these newly PD works available to all, and the Association of Research Libraries plans a portal page, so folks can find all these newly freed works.

I want to take a moment to try to explain the complicated math that brought us to this situation, and to spell out what is, and is not, so important about this New Year’s Day.

Published works that were still protected by copyright on Jan.1, 1978, when the “new” copyright act of 1976 went into effect, received a 95-year term of protection from the date of first publication. For works that were in their first term of copyright when the law took effect, this was styled (in section 304(a)) as a renewal for a term of 67 years, so that 28 years from when the copyright was originally secured plus the 67 years renewal term equaled 95 years. If a work was in a second, renewed term on Jan 1, 1978, section 304(b) simply altered the full term of protection to 95 years from date of first publication (or, as the law phrases it, when “copyright was first secured”).

So what is special about 1923? Prior to the 1976 act, copyright lasted for 28 years with a potential renewal term of another 28 years. This adds up, of course, to 56 years. Thus, works published in 1923 would be the first batch of copyrighted work that would receive this 95-year term, because they would be the oldest works still in protection when the new act took effect (1923 plus 56 years being equal to 1978). A work published in 1922 would be entering the public domain just as the new act took effect, and those works stayed in the public domain. But those published a year later were still protected in 1978, and they got the benefit of this new, extended term, which ultimately resulted in 37 more years of protection than an author publishing her work in 1923 could have expected. Therefore, everything published from 1923 until 1977 enjoyed an extension, first to 75 years, then, thanks to the Sonny Bono Copyright Term Extension Act, 95 years. Since 2018 is 95 years after 1923, it is those works published in 1923 whose terms expired during 2018, so they officially rise into the public domain on Jan. 1, 2019.

All this math does not mean, however, that everything published in 1923 has been protected up until now. Notice that, in the description above, we distinguish between those works in their first (28-year) term of protection and those in their second term. That is because, under the older law, a book, photograph, song or whatever, had to be renewed in order to continue to have protection past that first 28 years. Many works were not renewed, and the 1976 act only applies the extended 95-year term to those older works that were in their second term of protection when it took effect. So if a work was not renewed, and its copyright had already lapsed, the extended term did not apply. A basic principle is that the 1976 copyright law did not take anything out of the public domain that had already risen into it (although a later amendment did exactly that for certain works that were originally published in other countries).

What is really happening then, is that some 1923 works – those whose copyright term was renewed after 28 years (in 1951) – really do become public domain for the first time. But for a great many works, which were already PD due to a failure to renew, what really happens this week is that we gain certainty about their status. Research suggests that a sizable percentage of works for which renewal was necessary were not, in fact, renewed; estimates range from 45% to 80%. So many of the works we will be celebrating were certainly already public domain; after January 1 we just have certainty about that fact. Finding out if a work was renewed is not easy, given the state of the records. The HathiTrust’s Copyright review program has been working hard at this task for a decade, and they have been able to open over 300,000 works. But it is painstaking, labor-intensive work that mostly establishes a high probability that a work is PD. On Public Domain day, however, we get certainty, which is the real cause for celebration.

Let me illustrate this situation by considering one of the works that the KU Libraries plan to digitize and make openly accessible in celebration of Public Domain Day, 2019. Seventeen Nights with the Irish Story Tellers, by Edmund Murphy, is an interesting collection of poems that is part of our Irish literature collection, one of the real strengths of the Spencer Research Library at KU. It was published in Baltimore in 1923, and OCLC lists holdings for only 15 libraries. It is apparently not held by the HathiTrust, likely because no libraries whose holdings Google scanned owned a copy. But my guess is that it is already in the public domain and has been since the early 1950s. And there is no record of any renewal of its copyright in the database of renewal records maintained by the library at Stanford University. That database only holds renewal records for books, and it contains no indication that Seventeen Nights ever received a second term of protection. So the chances are good that this work, like so many others, has been in the public domain for many years.

There are a great many works published between 1923 and 1963 that simply exist in a state of limbo, probably in the public domain but not (yet) subject to the effort needed to determine whether there has ever been a renewal of the copyright. On Public Domain Day, 2019, we should certainly be delighted by the “new” 1923 works, such as Robert Frost’s Stopping by Woods on a Snowy Evening, that will become PD for the first time. But we also need to recall that many published works from the mid-20th century are already in the public domain. If we want to make the effort to do the needed research, there is lots of opportunity to free up some of these works without waiting for another January 1.

Happy Public Domain Day to all!

The First Step Towards a System of Open Digital Scholarly Communication Infrastructure

 A guest post by David W. Lewis, Mike Roy, and Katherine Skinner

We are working on a project to map the infrastructure required to support digital scholarly communications.  This project is an outgrowth of David W. Lewis’ “2.5% Commitment” proposal.

Even in the early stages of this effort we have had to confront several uncomfortable truths. 

First Uncomfortable Truth: In the main, there are two sets of actors developing systems and services to support digital scholarly communication.  The first of these are the large commercial publishers, most notably Elsevier, Wiley, and Springer/Nature.  Alejandro Posada and George Chen have documented their efforts.  A forthcoming SPARC report previewed in a DuraSpace webinar by Heather Joseph confirms these findings.  The second set of actors may currently be more accurately described as a ragtag band of actors: open source projects of various sizes and capacities.  Some are housed in universities like the Public Knowledge Project (PKP), some are free standing 503(C)3s, and others are part of an umbrella organization like DuraSpace or the Collaborative Knowledge Foundation (COKO). Some have large installed bases and world-wide developer communities like DSpace.  Others have yet to establish themselves, and do not yet have a fully functional robust product.  Some are only funded with a start-up grants with no model for sustainability and others have a solid funding based on memberships or the sale of services.  This feels to us a bit like the rebel alliance versus the empire and the death star. Read more