Category Archives: Scholarly Publishing

Is Blogging Scholarship?

It certainly can be, according to Margaret Schilt in “Is the Future of Legal Scholarship in the Blogosphere,” reposted in Law.com from the “Legal Times.” Her article provides a very helpful thumbnail summary of the major legal blogs, but also reflects on the trend of legal scholarship toward this more informal and community-centered form of scholarship.

The recently released Ithaka report on university publishing noted that an increasing amount of scholarly communications takes place over informal channels, where the blog is becoming increasingly important. But who are legal bloggers, and do they think they are committing scholarship with their postings?

Schilt observes that most legal bloggers are not the “young turks” one might expect, but mid-career professors who have tenure. There has long been a debate whether new modes of scholarly communications will be adopted more readily by the young, to whom they may be more familiar, or the older, tenured faulty who can afford the risk. In law, apparently, it is the latter who are turning to blogs.

This is good news for shared scholarship, since this group of bloggers tends to be very familiar with traditional scholarship and able to translate that level of work to the blogosphere. Schilt makes specific mention of my favorite legal blog in this regard, Balkinization, where Jack Balkin of Yale leads an in-depth discussion of current events and recent works of legal learning.

What are the benefits of blogging, as Schilt sees them? First and foremost, a blog reaches more readers than does traditional scholarship. Also, it encourages rapid feedback. Some comments may be inane, of course, but there is also the potential to open up the scholarly enterprise to participants long excluded and to make the dialogue amongst traditional participants more lively and immediate.

Interestingly, Schilt also suggests that there may be a “reputational bonus” in blogging, since it can increase name recognition amongst one’s peers. Finally, she points out the value of the blog in teaching, offering a chance to encourage class discussion to continue in a public and accountable forum.

Blogs, Schilt concludes, “are where scholarly dialogue increasingly takes place.” Although it looks different from the traditional journal article, and its pace is accelerated over that of conventional scholarship, the blogosphere “still looks and feels a lot like scholarly activity.”

By the way, the Ithaka report mentioned above has itself become the subject of this rapid and interactive process of “peer-review.” It is now available in a “CommentPress” version from The University of Michigan. This software allows the report to be read in its entirety, but also lets readers insert comments at different places. You can read as many or as few of the comments as you like, but the availability of this important report in a “2.0” version speaks volumes about the trend toward more collaborative scholarship.

Salvos in the Copyright Wars

This diatribe against YouTube recently appeared on the web site of a right wing lobbying organization with the innocuous name of “National Legal and Policy Center.” They are certainly correct that lots of copyright infringement happens on YouTube, but several of their arguments deserve response.

It is always odd to see a group that says it advocates small government and free markets swing so far in favor of stronger copyright protection, which, by its nature, is government intervention to distort the market. Copyright works to keep the price of knowledge goods well above the marginal cost of production in order to provide an incentive for creation. Because it creates an artificial monopoly, it must always balance the incentive created with the harm done to free competition. The National Legal and Policy Center makes no such analysis.

Instead, they simply assert that “Internet piracy” causes loses by the film industry of $2.3 billion. Such an estimate relies on lost “opportunity costs” and assumes that each unauthorized copy is equivalent to a lost sale – a very questionable assumption. It also neglects the other side of the equation; the potential economic and social benefits when consumers have lower-cost access to entertainment and to the “inputs” for new creativity. Not that we should encourage “free-riding,” but the economics are not as simple as these lobbyists suggest; there is no reason to assume that the price the entertainment industry wants to charge for its goods is actually the optimum price, given the artificial support of copyright law.

Finally, the article simply assumes that YouTube should be responsible for the infringing activities of its users. The current law, in fact, cuts the other way; the Digital Millennium Copyright Act provides a safe harbor for online service providers from such secondary liability in order to encourage innovation. That safe harbor, which has allowed a freedom for experimentation with fair use that has supported a wealth of new creativity, is being challenged in court by the entertainment industry. The issue is still unresolved, but once again, the desirable social balance is complex and requires careful negotiation, not mere finger pointing and accusation.

Equally simple-minded is the new campaign (PRISM) launched by the American Association of Publishers against public access for federally-funded research in health. The publishing industry lost in Congress earlier this year, when a mandate for public access to research funded by the National Institute of Health was included in an appropriations bill. Now they hope to reverse that loss by convincing the public that mandated access for taxpayers is “government interference.” Why it is not government interference for tax money to finance the research in the first place is not clear, except to note that publishers get a free ride on such research. The researchers, of course, are seldom paid for the articles they write based on the government-sponsored research, and publishers can charge outrageous rents to let the public see the results. Little wonder that they want to protect their golden goose. But the irony of accusing the government, which paid for the research, of wanting to free-load off the publishers, who do not, is a bit too much.

The debate on these issues is well documented by Peter Suber, here at “Open Access News.”

Anthropological growing pains

Last week’s announcement by the American Anthropological Association that it was moving it journals and database (AnthroSource) from the stewardship of the University of California Press to the more commercial hands of Wiley/Blackwell publishers has caused a lot of outrage and hand-wringing. There is a comprehensive blog post about the announcement here at Georgia State University and an excellent article in Inside Higher Education here.

The most important point that is made by the Inside Higher Ed. article is that this news should be seen in context. Alongside the Anthropology announcement the article also notes the recent decision by the Howard Hughes Medical Institute, the nations second largest funder of bio-medical research, to join BioMed Central in order to make it even easier for the researchers it funds to place their articles in open access journals. It is tempting to see the Anthropologist’s decision as unmitigated bad news, but it is really just part of the growing pains as we move toward new forms of scholarly communications.

Several possible explanations of the move to Wiley/Blackwell have been circulating. Some people see the decision as a hardening of the line against open access taken when the Association came out in opposition to the Federal Public Research Access Act (and to many of its own members who support that initiative). Others interpret this as an economic move; more money will presumably be available to pay editors and support Association activities, although it may mean that less “commercial” research gets even less attention. A third way of looking at the decision is as just another contretemps in a highly dysfunctional organization. A blog post at Savage Minds tries to sort out these different interpretations and help us see that they are not at all mutually exclusive.

All scholarly societies are facing difficult choices these days. The same economic pressures that worry libraries – spiraling costs from commercial publishers, more journal outlets every day and consolidation of the ownership of those outlets – threaten the societies that have traditional published a great deal of their own research. Joining the march toward commercialization may not seem like the best or most far-sighted solution on the part of the AAA, but it is understandable.

Far more productive, however, given the similar situation of societies and libraries, would be cooperative innovation to find new means of disseminating scholarship. Most everyone recognizes the problems we are facing; many voices, including many within the AAA are beginning to call for all those interested in the future of scholarship to talk together and think creatively about the long term sustainability of scholarly communications. The AAA has chosen a quick and short-sighted fix that will not make the problem go away; it is hoped that more creative long-term solutions await.

Why we need to collaborate.

The report from Ithaka on “University Publishing in the Digital Age” is almost a month old now, but I have delayed commenting about it until I had a chance to read it thoroughly. The report’s principal author was Laura Brown, a former president of Oxford University Press USA, so it is clearly written from inside knowledge of the university publishing industry, and the report subjects the roles of both university presses and libraries to careful scrutiny in the context of the changes taking place in scholarly communications.

University presses are criticized in the report for being slow to adapt to digital media, clinging instead to traditional models of business and distribution that are rapidly becoming out-of-date. Presses have also done a poor job of aligning themselves with the academic priorities of their parent institutions and demonstrating to those institutions that publishing is itself a core function of a university. University presses, however, show important strengths in selecting and editing quality material, developing an elaborate network for credentialing scholarly work and understanding the markets for the work they publish.

These strengths and weaknesses of university presses are the mirror image of the pluses and minuses found in university libraries, according to the report. Libraries recognized the importance of digital media early on – often pulled toward that recognition by the demands of users – and have maintained a consistently mission-focused position at the center of the university enterprise. They often have done a poor job, however, at selecting and evaluating material to be placed in digital collections; such collections are likened to attics where all too frequently random and unsorted materials are found, chosen apparently for availability and lack of obstacles like copyright restrictions rather than from a sound evaluation of the “market” need.

In view of how complimentary these flaws and strengths are, the most important recommendation that the Itaka report makes is that universities need not only to “remain actively involved in publishing scholarship,” but to recognize the strategic importance of developing a comprehensive framework to support a dynamic and multi-faceted system of scholarly communications. Only an institutional vision and commitment, the report suggests, can take advantage of the collaborative possibilities suggested by its analysis.

Clearly this report has generated, and will continue to generate, lots of discussion. There are overall descriptions and assessments of the report from Inside Higher Education and the Chronicle of Higher Education. Amongst the blogs, the most interesting to me have been the comments at if:book and Media Commons that point out what the report does not address – the changes that will be needed in how universities understand authority and scholarly credentialing as we move to the more flexible digital world, where work can be subjected to comment and criticism long before it is submitted for formal publication.

Yale says no to an OA flavor

The announcement this week that Yale University will no longer maintain its membership in BioMed Central is another example of the growing pains involved as scholar publishing adapts itself to new business models and forms of distribution.

BioMed Central is an open access publisher that relies on author fees and institutional memberships to pay the cost of online publishing. The resulting 180 peer-reviewed electronic journals are freely available to all users. But open access is not free, and Yale decided to withdraw its institutional membership, which covered the fees for all articles published in BioMed Central journals by Yale authors, because the price was getting too high. In one sense, this is good news for open access publishing; it means that lots of authors from this prestigious university are publishing in BioMed Central journals. Clearly quality, peer-reviewed scholarship is compatible with open access. In its response to the news from Yale, BioMed Central points out that costs have risen because the journals have grown and asserts that, on a cost-per-article basis, its journals still represent good value.

Open access based on author fees is an important aspect of the movement toward new models of scholarly publishing, but it is just one model of how OA can be accomplished. The Yale decision offers a good chance to comment on the variety of publishing models with which authors and publishers are experimenting by pointing out this article on “The Nine Flavours of Open Access Scholarship” by John Willinsky, which is itself published in an open access journal. Willinsky categorizes the various flavors (his spelling is different because he is a Canadian), including the “author fees” model and the “dual mode” model practiced by the Journal of Post Graduate Medicine, which published his article. This brief article is also a good introduction to Willinsky’s superb monograph on “The Access Principle,” where he develops the economic, social and scholarly arguments for open access and also expands his list to include ten “flavours.” Yale is not happy with the economics of one particular kind of OA (although it is keeping its membership in the Public Library of Science, another important OA publisher using author’s fees), but there are many more options to experiment with.

UPDATE — Presumably BioMed Central is feeling better these days, with the announcement (August 20) that the second largest funder of biomedical research in the US, the Howard Hughes Medical Institute, has joined BMC and will pay the costs for publishing all the research articles it funds in open access form.

Hybrid journals and the transition to OA

When colleges and universities first started talking about scholarly communications over a decade ago, the context for those conversations was often the so-called “serials pricing crisis.”  Our notions about the system of scholarly communications is now considerably broader and more inclusive now, but the problem of spiraling costs for traditional material is still with us.  One of the knottiest questions is whether, and how, open access to scholarly publications might address that problem of high costs.

As many publishers develop hybrid models of journal publishing – where much of the journal content, print or digital, is still available only upon subscription but some proportion of that content is freely available online because the authors have paid a special “supply-side” fee to make their work open access – many librarians question how such supply side income will impact traditional subscription rates.  The issue of how we can transition library budgets away from a focus on subscriptions toward a dual focus, where author side fees might be underwritten by the institutions, is a trick and difficult one.  Subvention of such author fees is really a more efficient use of the money we spent to support scholarly communications, providing much greater access than institutional subscriptions can, but it is hard to see how we can move that very limit supply of dollars toward such subventions as long as subscription rates continue to climb.

The recent announcement from Oxford Press that they are adjusting the online-only subscription rates to their Oxford Open journals suggests a step forward toward making this difficult transition.  Oxford is discounting some subscriptions to reflect the income received from its “open choice” option that lets authors pay for open access.  As Heather Morrison notes in her “Imaginary Journal of Poetic Economics” blog posting, this announcement illustrates one step in the “potential positive spiral in the transition to open access.”  

Advertisements, elitism and open access

One of the joys of blogging is the opportunity to relate issues and news items that do not seem to have an obvious connection. Here the only connection is that both involve SSRN — the Social Science Research Network, an open access depository for articles in the social sciences that is a wonderful resource on policy and legal issues.

First I came across this complaint, on a law professor’s blog, about the presence of Google advertisements in SSRN and the odd juxtapositions those ads sometimes create with the content of the paper. Specifically, Professor Leiter reports on a paper dealing sympathetically with a recent labor dispute at a university that was framed with ads for organizations that purported to help keep campuses union-free. The author was, not surprisingly, upset that his article would become the unintended vehicle for a point of view he does not support. Prof. Leiter also mention the uncomfortable relationship some ads seem to have with his own article on religion and law.

One of the realities of open access, of course, is that someone has to pay for the server space, upkeep, and the like. SSRN has a complex funding model that includes deposit fees, institutional subscriptions and — here is the rub — advertisements. Do the advantages of open access outweigh the discomfort that advertisements accompanying scholarly work can cause? I think they do, but read on.

Another recent article in SSRN broadens the question raised by these advertisements to an issue of gatekeeping and elitism. In “Evaluate me! Conflicted thoughts on gatekeeping and legal scholarships new age,” Paul Horowitz explicitly raises the question of how much open access to scholarship disrupts the traditional function of publication to certify and validate scholars and scholarship. Much open access material, of course, has already been peer-reviewed and accepted through the traditional channels of scholarship. But there is a whole new form of scholarly communications out there — informal discussion on blogs and listservs that are often the midwife of formal scholarship. Some may see this as a threat to traditional forms of evaluation and quality control; advertisements seem like a tangible reminder of that threat. But others will see informal and open web communications as a renewal of creativity and an opportunity to democratize the process of scholarship as well as its results. What do you think?

Update on Public Access to Research

Several new developments are happening in terms of supporting public access to research within the United States.  One comes from a granting agency (HHMI) and the other is new language in current legislation before Congress.

The Howard Hughes Medical Institute (HHMI) just announced that it will require its scientists to publish their original research articles in scientific journals that allow the articles and supplementary materials to be made freely accessible in a public repository within six months of publication.   This policy expands upon the current policy requiring HHMI investigators to share published research materials, databases, and software in a timely and useful manner.The new policy applies to all manuscripts submitted on or after January 1, 2008 where an HHMI investigator is the major author.  What’s a major author?  If the HHMI scientist is listed first or last on a paper, or is designated the corresponding author, than the HHMI investigator is considered the major author.  However, HHMI strongly encourages all its investigators and collaborators, whether or not the major author, to comply with the public access policy.For those in the biomedical sciences, PubMedCentral (PMC) developed by NIH and the National Library of Medicine (NLM) is the designated free digital archive.  If the article is in a journal outside biological sciences, then deposit must be made in a comparable repository within 6 months.To help authors with this process, HHMI has entered an agreement with Wiley Publishers for uploading manuscripts to PubMedCentral, paying Wiley a fee for each upload.  This goes into effect as of October 1.  In addition, the American Society of Hematology, publisher of Blood, has extended its open access option to HHMI authors as of October 1, 2007.

 NIH Policy may become Mandatory

The other big development is the inclusion of language in the House and Senate bills for the 2008 NIH appropriations that would require the submission of research articles funded by NIH to PubMedCentral within 12 months after their appear in a journal.  This would make the current NIH policy mandatory and sets the submission deadline of no later than 12 months after publication.  Publishers have already started experimenting with NIH on submitting author manuscripts directly to PubMedCentral on behalf of researchers. 

This has been a long awaited change to the NIH Public Access Policy.  The Public Access Working Group and the NLM Board of Regents recommended mandatory submission over a year ago, and numerous library and consumer groups have been advocating for this language to be include in the NIH 2007 appropriations and reauthorization bills.   

Watch this blog for more information when the final bill is passed and NIH issues its new policies and procedures.

Educating the Educators

At this point in time it is accurate to call the emphasis that educational organizations are placing on Scholarly Communications a movement. The Scholarly Communications Movement like many social and political movements can be characterized by its detractors, supporters and strategies. One such strategy, which I call “Educating the Educators” is the art of communicating with faculty and librarians about the roles that they play as creators, owners, buyers and disseminators of scholarly publications in the scholarly resource enterprise.

Many groups are doing their part to get the word out, emphasizing the need for institutional repositories, retaining author rights and understanding the difference between copy right infringement and fair use. But the work of “Educating the Educators” is never done and I predict that this movement is still in its infancy. It was in this spirit that Kevin Smith, Pat Thibodeau and I led a Scholarly Communications brown bag lunch for the Duke University Library staff this past spring.

Kevin’s presentation, “Authors’ Copyrights: Helping Duke Authors Manage their Rights” was an overview of Duke’s Author Advisory Service that provides information and advice for Duke faculty authors. Kevin’s presentation emphasized that informed authors can “add value by increasing the usability of their work.”

Pat’s presentation, “Faculty / Author Advocacy: Power and Influence on Scholarly Publishing” outlined methods of encouraging faculty to become Scholarly Communication Advocates and to consider publishing in Open Science (Access) sources. This advocacy is mutually beneficial for faculty members and libraries. Faculty can increase the “visibility of their work” and “immediately communicate with peers” and libraries will be in a stronger position to provide access to affordable content.

My presentation, “Institutional Repositories + Libraries” presented the findings of an Association of Research Libraries’ study of the growth and use of Institutional Repositories (IR’s) in libraries. I also gave an overview of the four IR’s at Duke University:

  1. Portfolio @ Duke
  2. MeDSpace
  3. Duke Law Faculty Scholarship Repository
  4. DukeSpace (Under Development)

UT Offers Help Seeking Permissions

A while back we wrote about the new database from Stanford University that helps one search copyright renewal records for that period of US copyright history during which un-renewed works would pass into the public domain. Now the Harry Ransom Humanities Research Center at the University of Texas, Austin has announced two databases that will help make searching for information about “orphan works” a little easier.

The Ransom Center has offered the WATCH database, which stands for “Writers, Artists and their Copyright Holders,” for some time. This database helps those seeking permission to use a copyrighted work find out who owns or administers the rights and can give the necessary permission. For example, if one searches “Rawlings” in the WATCH database one discovers the name and address of the literary trust that holds rights in Marjorie Rawlings work.

On May 29 the Center announced a companion database – FOB, for “Firms out of Business.” Here one can find publishing firms that no longer exist, have changed hands or are part of a larger company. Searching “Vintage,” for example, turns up the information that it is an imprint of Random House and that the parent was sold in 2006 to a German company called Bertelsmann AG. Tracking the subdivisions and mergers in publishing is a huge and complex task, so it is impossible for a database like FOB to be entirely complete and up-to-date, but the ability to find “successors in interest” for a defunct publisher will go a long way to reducing the burden of seeking permission.

Both these databases are valuable tools for finding rights holders. The real problem is when rights holders can not be found; when the databases come up empty. That is the real orphan works problem – works that are lost to our cultural heritage as long as they are locked up by copyright with no one to turn the key by giving permission. For that problem we need to see the orphan works legislation that was proposed last year reintroduced in Congress and passed without delay. But in the meantime the Ransom Center deserves a hat tip for the hard work it has done to make the work of all who seek copyright permissions a little easier.