The ALPSP may call their deal a "model licence"...but instead it should be
called a "Model-T (as in circa 1930 Model-T Ford ) licence."
Yes, the author gets the possibility of retaining copyright, but the
publisher is assigned (at no cost to the publisher it should be underlined)
ALL of the other rights, including digitalisation rights, re-publication
rights, rights regarding non-profit educational uses of the work.
Hence, AFTER hard copy publication ( and hence not conflicting with Harnad's
"subversive proposal"), the publisher has the right to prevent any "open
archiving" by an author(X) or her/his work and the right to charge the
students of X's colleague a copyright royalty fee for the non-profit
educational use of that article.
In other words, a tiny tad better than the standard contract available with
most commercial publishers...but still a Model T in the contemporary era.
Any license should grant only one right to a publisher: a first hard-copy
publication right. And not a tad more.
Regards
Alan Story
Lecturer in IP Law
Kent Law School
----- Original Message -----
From: "Sally Morris" <sec-gen_at_ALPSP.ORG>
To: <AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG>
Sent: Thursday, June 21, 2001 6:00 PM
Subject: Re: PostGutenberg Copyrights and Wrongs for Give-Away Research
> Perhaps I can set the record straight.
>
> ALPSP has not (at least in the past 3 years) surveyed journals' copyright
> policies, although in 1998/9, the Association did carry out a study of
> journal authors (not publishers) who had recently contributed to a mixture
> of commercial and non-commercial journals. We asked, among other things,
> what they thought about copyright retention. 38.1% felt that copyright
> should be transferred to the society or publisher, but full redistribution
> rights retained by the author. 38% felt that copyright should be
retained
> by the author, but full publishing rights granted to the society or other
> publisher. 23.4% felt that copyright should be retained by the author,
and
> only limited publishing rights granted to the society/publisher. 4.8%
felt
> copyright should be retained by the author's employer and full publishing
> rights granted to the society/publisher; 2.8% were for copyright
retention
> by employer, limited rights
> to society/publisher. 2.3% were for copyright retention by funding body,
> full publishing rights to society/publisher and 1.2% for copyright
retention
> by funding body, limited rights to society/publisher. Interestingly, an
> overwhelming 79.5% of respondents did not find that reaching agreement
with
> publishers about copyright created any obstacle whatever to their
publishing
> objectives. There is information about the study, links to presentations
> and articles about it and an order form for the complete report, at
> http://www.alpsp.org/pub1.htm
>
> As a result, however, of the indication that more than 60% of authors
(more,
> in fact, in the Humanities than in the Sciences) felt the author should
> retain copyright, ALPSP has since developed and published a model 'grant
of
> licence' document which publishers might use to enable authors to retain
> copyright, while granting to the publisher all the rights it needs. This
> document can be found at http://www.alpsp.org/grantli.pdf, and an
editorial
> about it at
> http://www.alpsp.org/cpyauth.pdf.
>
> Sally
>
>
>
> Sally Morris, Secretary-General
> Association of Learned and Professional Society Publishers
> South House, The Street, Clapham, Worthing, West Sussex BN13 3UU, UK
>
> Phone: 01903 871686 Fax: 01903 871457 E-mail: sec-gen_at_alpsp.org
> ALPSP Website http://www.alpsp.org
>
> Learned Publishing is now online, free of charge, at
> www.learned-publishing.org
>
> ----- Original Message -----
> From: "Guillermo Julio Padron Gonzalez" <guillermo.padron_at_cigb.edu.cu>
> To: <AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG>
> Sent: 31 May 2001 20:59
> Subject: Re: PostGutenberg Copyrights and Wrongs for Give-Away Research
>
>
> > Fytton Rowland wrote:
> > > A recent survey by the (UK) Association of Learned and Professional
> Society
> > > Publishers showed that a majority (about 70%, from memory) of the
> journals
> > > surveyed did not insist on outright transfer of copyright; they mostly
> > > asked for it, but would not refuse to publish a paper if the author
> > > insisted on granting only a right of first publication.
> >
> > Could you provide us with the reference of the original paper?
> > Thanks,
> >
> > Guillermo
> >
> > Dr Guillermo J Padron
> > Executive Editor
> > Elfos Scientiae
> > P.O. Box 6072
> > Havana 6, Cuba
> > Telephones: (53-7) 33-1917 / 21-8008
> > Fax (53-7) 33-1917 / 21-8070
> > E-mail: gjpg_at_cigb.edu.cu <mailto:gjpg_at_cigb.edu.cu>
> > URL: http://www.elfosscientiae.com.cu
>
Received on Wed Jan 03 2001 - 19:17:43 GMT