Dear Peter,

Ah, that wasn't clear. Thanks. But for humanities researchers this is a very 
relevant issue, and I should imagine there are some of them on the GOAL list 
too.

For those who are interested the public domain EEBO-TCP transcriptions are 
freely available as TEI-XML files in the Oxford University Research Archive, 
ORA: http://ora.ox.ac.uk

Kind regards
Lucie



Sent from my iPhone

On 10 Feb 2016, at 22:14, "Peter Murray-Rust" 
<pm...@cam.ac.uk<mailto:pm...@cam.ac.uk>> wrote:



On Wed, Feb 10, 2016 at 7:55 PM, Lucie Burgess 
<lucie.burg...@bodleian.ox.ac.uk<mailto:lucie.burg...@bodleian.ox.ac.uk>> wrote:
Dear Peter,

I wanted to respond to the point you made that:

'So the moral is that University libraries do not fight to preserve the public 
domain or CC-BY*. In a sad extension of this many libraries (including the 
British Library - whom I FOI'ed) will take the easy way and apply charges for 
everything because it is too difficult to determine whether anything is in the 
public domain or CC-BY*. Thus the BL charges people to read my Open Access 
papers online, and 120-year old chemical publications are regarded as belonging 
to the journal (and hence chargeable) because they can't prove the authors are 
dead.’

In my experience, it is really not the case that University libraries do not 
fight to preserve the public domain.

I am primarily talking about material that is digital and has been published 
electronically under a liberal licence (CC-BY or CC0 or public domain). And the 
emphasis on this list is scholarly publication, particularly in journals

[... digitisation snipped]

I can’t comment on the British Library access to your papers because I don’t 
know the details, but I will forward your query to colleagues at the British 
Library to respond to.

I blogged this 6 years ago in several posts - see 
https://blogs.ch.cam.ac.uk/pmr/2010/05/08/my-current-freedom-of-information-foi-requests/
 for a start.


Thanks and kind regards,
Lucie



Lucie Burgess
Associate Director for Digital Libraries
Bodleian Libraries, University of Oxford
Clarendon Building, Broad Street, Oxford
Senior Research Fellow, Hertford College
Tel: +44 (0)1865 277104<tel:%2B44%20%280%291865%20277104>
+44 (0)7725 842619<tel:%2B44%20%280%297725%20842619>
Twitter @LucieCBurgess
LinkedIn LucieCBurgess
http://orcid.org/0000-0001-6601-7196
Get ready for the REF – Act on 
Acceptance<http://openaccess.ox.ac.uk/home-2/act-on-acceptance/>




From: Peter Murray-Rust <pm...@cam.ac.uk<mailto:pm...@cam.ac.uk>>
Reply-To: "Global Open Access List (Successor of AmSci)" 
<goal@eprints.org<mailto:goal@eprints.org>>
Date: Wednesday, 10 February 2016 15:57
To: "Global Open Access List (Successor of AmSci)" 
<goal@eprints.org<mailto:goal@eprints.org>>
Subject: [GOAL] Re: Can time-stamped PDF's qualify as OA?



On Wed, Feb 10, 2016 at 2:51 PM, Walker,Thomas J 
<t...@ufl.edu<mailto:t...@ufl.edu>> wrote:
Peter Murray-Rust’s posting about $400 study packs based on articles published 
with CC-BY rights statements opened my eyes to a part of OUP/ESA’s business 
plan I had missed—the use of time-stamped PDFs to make money from students of 
the teachers who use study packs that include articles by ESA authors in any of 
ESA’s four principal journals. OUP has slapped time stamps and notices of an 
ESA copyright on all articles in the four journals going back to 1908 for Ann. 
Ent. Soc. Amer. and  J. Econ. Ent, and to 1972 and 1965 for J. Med. Ent. and  
Envir. Ent.

This should be illegal, as well as ethically and morally unacceptable.

It's called Copyfraud by many, including me. 
https://en.wikipedia.org/wiki/Copyfraud gives a good overview. It's a 
"victimless crime" for Universities and their libraries, because the victims 
are not the Universities but hoi polloi outside the ivory towers. The people 
who suffer are artists, naturalists, policy makers, SMEs, doctors, politicians, 
and curious minds.

This is because ESA has no valid claim of copyright to articles published in 
its journals before it started requiring authors to sign over their copyrights 
to ESA in 1978.  Furthermore, JME, for its entire run of being published by 
Honolulu’s Bishop Museum (1964-1986), never required authors to sign copyright 
releases.  The handover of J. Med. Ent. to ESA resulted in the run from 
1987-date being copyrighted by ESA.
The magnitude of the deception of OUP claiming an ESA copyright on all articles 
that ever appeared in ESA’s four journals is that of ESA’s 271 “journal-years” 
of publication (through 2015 and including the first 22 journal-years of JME), 
ESA could fairly claim copyright to only 103 (103/271=38%).

That ought to be illegal, but is it? (The evidence is clear cut and online.)

I suffered from this.  Springer took all the images published in its journals 
and stamped COPYRIGHT SPRINGER over all of them and offered them for sale at 60 
USD. This included all my publications in BioMedCentral, a CC-BY Open Access 
journal. I raised this on my blog as "Springergate", see 
https://blogs.ch.cam.ac.uk/pmr/2012/06/06/springergate-springerimages-for-today/
 and preceding/subsequent articles.
I publicized this - was dismissed by Springer first of all and then it was a 
"computer glitch" . No one in academia cared.
However Wikimedia cared greatly, because their CC-BY-SA images had also been 
universally stamped as Springer property. They made a considerable fuss, 
rightly (explore the blog).
The Editor of BMC then spent time correcting it (it wasn't his fault, it was 
SpringerImages).

So the moral is that University libraries do not fight to preserve the public 
domain or CC-BY*. In a sad extension of this many libraries (including the 
British Library - whom I FOI'ed) will take the easy way and apply charges for 
everything because it is too difficult to determine whether anything is in the 
public domain or CC-BY*. Thus the BL charges people to read my Open Access 
papers online, and 120-year old chemical publications are regarded as belonging 
to the journal (and hence chargeable) because they can't prove the authors are 
dead.

P.



Tom
====================================
Thomas J. Walker
Department of Entomology & Nematology
PO Box 110620 (or Natural Area Drive)
University of Florida, Gainesville, FL 32611-0620
E-mail: t...@ufl.edu<mailto:t...@ufl.edu>      Phone: 
352-273-3920<tel:352-273-3920>
Web: http://entomology.ifas.ufl.edu/walker/
====================================



--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069<tel:%2B44-1223-763069>

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--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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