ALLEA advocates for EU-wide secondary publication rights and better negotiation of ‘big deals’ – International Science Council

“In the light of an increase in spending on scholarly publishing, and new rules on copyright law in the European Union (EU), ALLEA recently released a statement that evaluates the negative consequences of so-called ‘Big Deals’ and provides recommendations for research institutes, libraries and policy-makers to work towards change.

‘Big deals’, or ‘read and publish agreements’, are concluded between scientific publishers, on one side, and research libraries, institutions and universities, on the other, in order to provide access for readers and authors of scientific journals.

An increase in the number of articles published under a Gold Open Access model – and thus free to read – has come at the expense of the authors of scholarly publications, who often face substantial article processing charges (APCs) to publish their work as Open Access….”

ALLEA STATEMENT ON OPEN ACCESS PUBLICATION UNDER “BIG DEALS” AND THE NEW COPYRIGHT RULES

“While the rising number of Gold OA publications facilitated by these deals is to be applauded, they do not deliver on the triple promise of OA. In particular, they have not led to a reduction in the exorbitant costs to the academic community incurred in the process of research publication. While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply. Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. In addition, as already underlined in previous ALLEA Statements,6,7 the Gold OA model creates a disadvantage for those coming from less wealthy countries and institutions, under-funded researchers in the social sciences and humanities, and early career researchers, among others. For these academics, OA of published research comes at the expense of closure of first-tier publication fora. In addition, ALLEA is concerned that the conditions of the “Big Deals” fail to adequately reflect the rules on copyright law in the European Union (EU), and do not fairly value the creative and research endeavours of researchers and their institutions, as well as their investment and efforts over time to generate research results and publications to the benefit of the public….”

ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules – Kluwer Copyright Blog

“ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise.[2]  An important driver of this development are the so-called “Big Deals”; “read and publish agreements” that have been negotiated in recent years between (consortia of) research libraries, institutions, and universities on the one hand, and scientific publishers on the other. These agreements, also known as “transformative agreements”, have replaced the subscription deals that were previously agreed between research libraries and publishers, and which provided for large bundles of subscriptions to proprietary journals to be made available electronically to libraries and their affiliated researchers.[3]

The new generation of deals is “transformative” in that they additionally allow for OA publication under the “Gold” standard of (usually a finite number of) research articles by institution-affiliated researchers in return for payment of substantial “article processing charges” (APCs)3 that allow publishers to recoup their investment in OA publication.

As a recent study demonstrates, commercial publishers currently derive more than two billion USD annually from APCs.2 Despite gradually decreasing subscription revenues, the commercial publishers have managed to embrace the Gold OA model without compromising their total revenues and enormous profit margins. Evidently, Gold OA publishing has become a new, highly profitable business model in and of itself,2 in addition to the subscription model which has remained partially intact. Incorporating Gold OA publication into all-encompassing read and publish agreements has thus allowed the major commercial publishers to effectively consolidate and enhance their already dominant position in the field of scholarly publishing,[4] solidifying their role as the gatekeepers of publicly funded research.[5]

While the rising number of Gold OA publications facilitated by these deals is to be applauded, they do not deliver on the triple promise of OA. In particular, they have not led to a reduction in the exorbitant costs to the academic community incurred in the process of research publication. While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply.

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution.[6] In addition, as already underlined in previous ALLEA Statements,6,[7] the Gold OA model creates a disadvantage for those coming from less wealthy countries and institutions, under-funded researchers in the social sciences and humanities, and early career researchers, among others. For these academics, OA of published research comes at the expense of closure of first-tier publication fora.

In addition, ALLEA is concerned that the conditions of the “Big Deals” that drive these developments do not adequately reflect the rules on copyright law in the European Union (EU) and fail to fairly value the creative and research endeavours of researchers and their institutions, as well as their investment and efforts over time to generate research results and publications to the benefit of the public….”

LIBER Takes the Lead in Secondary Publishing Rights Work Package for the Knowledge Rights 21 Programme | LIBER Europe

The Knowledge Rights 21 Programme works to provide research and insights and that will create positive change in copyright policy making. One of its work packages consists of looking at Secondary Publishing Rights, and paving the way toward immediate republication of publicly funded research on open access repositories, regardless of publisher contracts. LIBER will carry out research on current national legislation and good practices for Secondary Publishing Rights across Europe.

 

A Position Statement from Knowledge Rights 21 on Secondary Publishing Rights

“Academic authors traditionally routinely assign their copyright to proprietary publishers, or do not retain sufficient rights allowing them or their funders to republish or reuse their own work. This practice stands in opposition to the aim of education and research – to maximise the impact of research by sharing it as widely as possible in a timely manner. Knowledge Rights 21 believes that European countries should introduce secondary publishing rights in respect of publicly funded research into all national laws, which in the case of the EU member states could be best facilitated by a European Directive or Regulation….”

Secondary Publishing Rights – New Position Statement from Knowledge Rights 21 – Knowledge Rights 21

“Another, more comprehensive approach has been taken by a number of individual European countries who have established in law the right to republish publicly funded articles irrespective of publisher contracts. Such “secondary publishing rights” – a concept which refers to the right to republish publicly funded research after its first publication in an open access repository or elsewhere – are another key tool for promoting Open Access (OA).

Launched today, Knowledge Rights 21’s position statement on secondary publishing rights supports LIBER’s Zero Embargo campaign and secondary publishing rights model law.

KR21 calls on the national governments of Europe as well as the European Union to introduce secondary publishing laws which enable immediate access to publicly funded research in article or book chapter form….”

New open access policy within Utrecht University | News @ Utrecht University

Utrecht University aims at a publishing climate in which academic authors publish fully open access (OA). The Executive Board of Utrecht University has agreed to a new OA policy to realise this ambition.

 

The Open Access provision in Dutch copyright contract law

“On 1 July 2015 the Dutch Copyright Contract Act entered into force1 , including the new Art. 25fa of the Dutch Copyright Act that relates to open access.2 This contribution discusses the background to the open access provision and what its introduction means….”

New deposit obligation as of 1 January 2022 – Open Science

“As of 1 January 2022 the KU Leuven deposit obligation has been extended: in addition to journal articles, KU Leuven authors are now also required to deposit in Lirias a full text of every book chapter and conference proceeding they publish. Uploading the full texts of other publication types is strongly encouraged. When you select the ‘public access’ license, the Open Access Support Desk will monitor the publisher’s OA policy and the Belgian OA legislation and will apply the correct accessibility. …”

ReCreating Europe Workshop — Secondary Publishing Right: Exploring Opportunities and Limitations  – LIBER Europe

“Focusing on the Green road, this workshop aims to present and discuss the second (or secondary) publication right within the context of scientific publications as a key instrument to implementing Open Access (OA)….

The workshop will elaborate on the second publication right which consists of the right to re-publish and communicate a work to the public. This right could be retained by the author by means of contract negotiations (to which disbalancing conditions may apply), but it is rarely applied in the current publishing context.  

 

The right could also be granted by legislation which appears to be a more practicable and sustainable option. At present, only a handful of countries offer such a possibility, still with many limitations, despite the potential of such a right to rebalance the current distorted ecosystem of scientific communication (where scientific authors have little freedom and control over their thoughts and works). …”

EUR’s next step in transitioning to 100% open access | Erasmus University Rotterdam

“This November, Erasmus University has taken a next step in transitioning to 100% Open Access with the implementation of the Open Access Regulation (OAR). The regulation is based on Article 25fa of the Copyright Act (the Taverne amendment), which gives researchers the right to make short publications freely available to the public after a reasonable period of time. The OAR makes it possible to do so through tacit agreement. This means that researchers do not need to take any action on their end.

The University Library will make the publisher’s version of short scientific publications publicly available via the institutional repository (Pure) after a six-month embargo period….”