Hyperlinked version of this posting:
http://openaccess.eprints.org/index.php?/archives/858-guid.html

Stuart Shieber's reply to Matt Welsh's worries about the Harvard Open
Access policy is spot-on in every respect.
http://blogs.law.harvard.edu/pamphlet/2011/12/02/clarifying-the-harvard-policies-a-response/
http://matt-welsh.blogspot.com/2011/11/research-without-walls.html

No one could be a more fervent well-wisher for the success of the
Harvard OA policy than I am.
But the crucial criterion for the success of an OA policy is how much
OA it actually generates.

It is splendid that 95% of Harvard authors have not opted out of the
copyright reservation clause.
But what percentage have been complying with the no-opt-out deposit
clause by actually depositing or providing a deposit-copy of their
articles?

Stuart is certainly right that it is hard to imagine that providing
the articles is "a huge pain."
But is it clear to Harvard authors that they are required to do it?

Here are the relevant portions of the the FAS OA Policy:
http://osc.hul.harvard.edu/hfaspolicy

I. Copyright Reservation Clause:

"Each Faculty member grants to the President and Fellows of Harvard
College permission to make available his or her scholarly articles and
to exercise the copyright in those articles….The Dean or the Dean’s
designate will waive application of the policy for a particular
article upon written request by a Faculty member explaining the need."

II. Deposit Clause:

"To assist the University in distributing the articles, each Faculty
member will provide an electronic copy of the final version of the
article at no charge to the appropriate representative of the
Provost’s Office in an appropriate format (such as PDF) specified by
the Provost’s Office."

Is it clear to Harvard authors that a formal opt-out from Clause I is
not an opt-out from Clause II (i.e., that deposit must be done in any
case)?

The answer to this question would be implicit in the annual percentage
of Harvard's refereed research output that is actually being deposited
in DASH.
If that percentage does not approach or match the 95% non-opt-out rate
for Clause I, then perhaps the contingencies need to be made a lot
clearer.

Here's are four suggestions:

1. Place the Deposit Clause first, and state explicitly that there is
no opt-out or waiver from this deposit requirement, only from the
copyright-reservation clause that follows. All articles must be
deposited in DASH. Access to those for which the Copyright Reservation
Clause has been waived will be set as Closed Access instead of Open
Access. (And, to prevent the deposit requirement from being a vague,
open-ended one that can be left to be complied with in 2022, state
explicitly that the deposit must be done immediately upon acceptance
for publication.)

This clarification is all the more important, since universities are
beginning follow Harvard's example by adopting the Harvard model as
their OA policy: This makes it all the more crucial to make sure that
the policy model is clear, understood, and actually works.

Here are the three further suggestions, that have both already been
demonstrated to make an immediate-deposit (ID/OA) requirement more
attractive and better complied with:

2. Designate deposit in DASH as henceforth the sole mechanism for
submitting refereed research for performance review (the "Liège Model"
OA mandate.)
http://roarmap.eprints.org/56/

3. Implement the automatized "email eprint request" Button in DASH, to
allow individual users, via one click, to request a single copy of a
Closed Access deposit for research purposes; the author can then
likewise, via one click, fulfill or decline each individual request.
This will help tide over research needs for embargoed deposits.
http://eprints.ecs.soton.ac.uk/18511/

4. Provide download and citation statistics like IRstats to
demonstrate for authors the benefits of depositing their articles.
http://wiki.eprints.org/w/IRStats


Stevan Harnad

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