Tag Archives: Elsevier

Open Access topics

Enough is Enough: UC Leadership and the Transformation of Scholarly Publishing

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This is a guest post by Jeff Kosokoff, Assistant University Librarian for Collection Strategy, Duke University; and Curtis Brundy, Associate University Librarian for Scholarly Communications and Collections, Iowa State University

With the University of California’s (UC) announcement that they have broken off talks with mega-profitable commercial publisher Elsevier, we have moved closer to a tipping point in the ongoing struggle to correct asymmetries in the scholarly information ecosystem. Elsevier, along with the rest of the Big Five (Wiley, SpringerNature, Taylor & Francis, and Sage), has been put on notice: things as they are cannot stand. UC’s leadership in advancing open access is longstanding, and we applaud their continued efforts to seek new models that would transform scholarly publishing.

This is a great day to be a librarian, and a great day for scholars and scholarship. A day when the needle visibly moved in the right direction. Like the UC, we must openly and strongly engage publishers if we want to find mutually agreeable and sustainable long-term solutions to the current crisis. While profit-driven publishers whose business models depend on artificial scarcity to control scholarly content may object, the privatization of the common goods represented by research outputs no longer serves the best interest of academia or society at-large. To be clear, we are not rooting for large commercial publishers to go out of business. The Big Five provide substantial value through their publishing services and journals. However, journal subscription pricing has increased beyond what even the most well-resourced institutions can afford. As a result, an increasing number of preeminent institutions in North America have been quietly cutting their subscription inventories. See SPARC’s Tracking page for an incomplete but helpful list of institutions and packages they have cut. We are not aware of any academic institution that does not have renegotiation of big deals in its plans.

In the name of efficiency and effective provision of service, a growing number of librarians seek to create, negotiate and support transformative models that move scholarly publishing to be immediately and openly available. Collections are a service, and we, like the UC, believe the scholarly community will be better served by collection budgets that support and advance open access. These efforts are farther along in Europe, with the recent Wiley-Projekt DEAL agreement serving only as the latest example. But interest in transformative open access models in the United States is rapidly growing. The UC System is not alone in their desire to increase their support for open access while reducing support for subscriptions and paywalls.

Elsevier’s present impasse with California should be understood in the context of the broader worldwide movement to transform scholarly communication. This is a movement that has seen significant recent acceleration, and it is one that transcends country and institution type. If and when Elsevier shuts off access to UC campuses, its researchers will be in good company, joining researchers from Germany and Sweden who have also seen their access cut off after negotiations failed to produce a transformative agreements. One wonders how many of the world’s researchers must lose access to Elsevier content before they finally come around to a position where they will be our partners in solving the scholarly communication problem. Let’s also keep in mind that UC was able to take this stand partially because the libraries have worked hard to help their faculty see the value in openness and the resulting UC Academic Senate support for this difficult decision.

Costs to institutions and the profit margins of publishers are out of control and unsustainable. It is time for more research to come out from behind paywalls. Paywalls as such only benefit the payee. UC’s approach is an attempt to address the access and the market distortions together, which makes a lot of sense. Libraries have a growing list of trusted partners working to advance open access, including the Open Library of the Humanities, Public Library of Science, Libraria, and Knowledge Unlatched. Many libraries stand ready to support common sense experiments to find ways that work better for our scholars and scholarship. We are always seeking willing partners, be they existing publishers and publications open to re-imagining scholarly publishing, or new platforms seeking more dramatic transformation. It is time to stop pouring our money into the black hole of excessively for-profit publishing that seeks to control scholarly information. Let’s work to open up the ecosystem.

Authors' Rights, Open Access and Institutional Repositories

ACS v. ResearchGate – 3,143 articles and a few lessons about their authors  

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In October, Elsevier and ACS filed a new US copyright infringement lawsuit against ResearchGate [complaint]. Like the German ResearchGate lawsuit I wrote about last year, the basic premise of the suit is the same. This is how Elsevier and ACS describe ResearchGate’s activities in the American lawsuit:

In egregious violation of copyright law, ResearchGate provides anyone connected to the Internet with a free trove of infringing digital copies of peer-reviewed published journal articles [PJAs]. ResearchGate has consciously designed and actively maintains the RG Website as a hub for obtaining infringing copies of those PJAs. ResearchGate is not a passive host of a forum where infringement just happens to occur. Rather, ResearchGate actively participates in the ongoing infringement, in which it directly engages by duplicating, displaying, and distributing unauthorized copies of PJAs. ResearchGate also intentionally facilitates, supports, and lures users into uploading and downloading unauthorized copies of PJAs.

Big, if true. I have some doubts that I will write about later.

As far as what this suit and the publishers’ assertions mean for authors, I suggest reading this detailed post by Brandon Butler at UVA on the subject. It’s the best explanation I’ve read yet on copyright, open access and publisher-author sharing policies.  The “tl;dr” for that post is sad but accurate: “You probably can’t share your research as widely as you thought, and this is a problem endemic to academic publishing.”

The Authors of the ResearchGate Articles

One thing I found so interesting about the complaint in the most recent lawsuit was that it had very little discussion of the authors of the articles involved, or about the research itself (to be fair, if I were writing the complaint for the publishers, I’d try to leave the authors out of it too). Discussion of the authors and their articles is important context, though, for understanding how these articles were created, who posted them to ResearchGate in the first place, and what rights those users might have. Were any authors U.S. government employees who had no rights to be transferred to the publishers? Were any subject to university open access policies that reserve rights to universities or authors? Were any subject to funder OA mandates? Or did authors pay for open access for any of these articles? 

Thankfully, to bring a copyright infringement suit, one must actually identify the content alleged to have been infringed, even if you don’t talk much about it in the complaint. In this case, ACS and Elsevier provided a list in “Exhibit A” to the complaint of the 3,143 articles that they claim were infringed. I haven’t had time to fully explore those articles (these is a spreadsheet with information for all 3,143, if you’d like to do your own research). But thanks to some advice from some fantastic colleagues here at Duke, I was able to extract that data and run some searches for information about the articles and authors. I searched those article 3,143 DOIs in Web of Science, which returned 3,082 records. Here’s some of what I learned from those records:

Author Organizations

  • Most authors of these articles are affiliated with non-US institutions. From among the 3,082 records, the top ten author organizational affiliations are:
    • Chinese Academy Of Science (176 articles, 5.7%)
    • Centre National De La Recherche Scientifique Cnr (128 articles, 4.1%)
    • Universite Cote D Azur Comue (100 articles, 3.2%)
    • University Of Chinese Academy Of Sciences Cas (68 articles, 2.2%)
    • University Of California System (60 articles, 1.9%)
    • Russian Academy Of Sciences (49 articles 1.6%)
    • Indian Institute Of Technology System IIT System (45 articles, 1.5%)
    • State University System Of Florida (37 articles, 1.2%)
    • Nanyang Technological University (36 articles, 1.2%)
    • Nanyang Technological University National Institute Of Education Nie Singapore (36 articles, 1.2%)

I think there is a whole other blog post to be written about publishers going after articles authored in large part by non-Western authors. But I’ll not touch that for now and focus on the license situation.  I can’t speak about all of those institutions, but at least one (the University of California System) has an open access policy. I’m not sure how that policy/license factors into the posting of the articles to a site like ResearchGate, but it’s worth exploring. Two of the authors are Duke authors, and I know we have an OA policy that affects whether posting the articles to ResearchGate is permissible.

Article Funders

  • Unsurprisingly, given the authorship, most articles with identified funders are not based in the US. The top 10 funders are mostly Chinese.
  • NSF funded 38 of the articles, and NIH funded 24.

Again, unclear how funder OA policies may factor into the posting of these articles, but worth further exploration.

“Open Access” Articles

These articles raise some important questions about what rights the authors thought they were getting when they paid the OA fees for their articles. Did they understand that posting to ResearchGate would be disallowed? It also raises a question about how Elsevier is interpreting the “non-commercial” clause of the CreativeCommons license (is an author posting to ResearchGate “commercial” use?) and how that matches up to, e.g, the interpretation of that language by Creative Commons and by courts such as in Great Minds v. FedEx.

I haven’t had as much time as I would like to fully explore these articles and their authors. I should say that I’m not particularly sympathetic to ResearchGate or its business practices, but I do sympathize with authors who are trying to share their research in the best way they know how. From them, I would be particularly interested in hearing what they think about this lawsuit — were they consulted before the suit was filed? Are they aware that it was even filed? Do they agree with it? Did they understand their publication contract and its effect on posting to sites like ResearchGate? I’m hopeful that someone out there will take up the important work of developing better information about authors views on lawsuits like this.