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Scientist Must Pay to Read His Own Paper

Glyn Moody writes "Peter Murray Rust, a chemist at Cambridge University, was lost for words when he found Oxford University Press's website demanded $48 from him to access his own scientific paper, in which he holds copyright and which he released under a Creative Commons license. As he writes, the journal in question was "selling my intellectual property, without my permission, against the terms of the license (no commercial use)." In the light of this kind of copyright abuse and of the PRISM Coalition, a new FUD group set up by scientific publishers to discredit open access, isn't it time to say enough is enough, and demand free access to the research we pay for through our taxes?"

11 of 289 comments (clear)

  1. The document is free to read by LiquidCoooled · · Score: 5, Funny

    The document is available to read as both text and pdf.
    I understand his worrying, but to me the biggest WTF is:

    He works for one Cambridge university, he published his document to its biggest rival (Oxford) and they expect US dollars for a totally English transaction.

    I say, off with their heads.

    --
    liqbase :: faster than paper
  2. Re:UbuntuDupe Untangling Squad by eln · · Score: 5, Insightful

    Now, if he released the paper on the condition that no one ever charge for it, he has a case against OUP (for violating the license), but he's not being "denied access to his own paper"


    The summary states that his license stipulates no commercial use. Charging anything for the paper beyond your own costs for providing it (a nominal bandwidth and storage fee, perhaps) is commercial use. On the face of it, OUP is violating the license.

    If publishers are really contributing nothing to academic publishing, and just charge high prices and force you to sign away your rights (which I think is a fair characterization), here's a crazy idea: stop publishing through them! Set up your own journals and charge nothing or a token amount for access


    That's a great theory, but then you get every scientist posting his research to his blog. In scientific circles, the idea of "peer-reviewed" research is very important. If you are not publishing in a well known and widely-read journal, you are not likely to get a whole lot of your peers to even read the research much less try to duplicate your results. Without duplication, scientific results are damn near useless.

    Yes, it would be nice if no publicly funded worker could ever hold any exclusive IP in their intellectual works. However, this would mean less intellectual work production by them. It's a tradeoff like any other.


    Most academic types do the research for its own sake, not necessarily to make money directly from it. These people tend to make money by writing books about their research, conducting lectures on it, and using it on their resumes to get nice tenured positions. It's usually the universities that make all the money selling it to private industry.

    Why did OUP ever accept it if it were labled as CC?


    I would be surprised if they even read the license at all.

  3. Re:UbuntuDupe Untangling Squad by Virgil+Tibbs · · Score: 5, Informative

    if you read tfa you will see he is NOT complaining about access to it to read but them selling its redistribution rights despite the licence explicitly pointing out it is NON-commercial redistribution which is allowed....
    his issue isn't getting people to publish his article...
    his issue is someone selling his work, although the licence does not permit that.

    --
    www.tdobson.net #### Dare to Dream #### blog.tdobson.net
  4. Re:UbuntuDupe Untangling Squad by kebes · · Score: 5, Informative

    Just because it's released under CC, doesn't mean that people must give you a copy of it for free on demand.
    True. Except in this case, the author is paying an open-access surcharge. In the blog post he says: "After all, the author has paid for this". The purpose of the surcharge is to help the journal cover distribution costs, thereby guaranteeing that everyone can read the article. If the journal accepts that publication fee, but then charges readers anyway, isn't that fraud?

    Now, if he released the paper on the condition that no one ever charge for it
    He did use such a condition. He used a creative commons license with a non-commercial clause, so it's illegal for the publisher to charge people for distribution. Again from his post, he says: "The journal is therefore SELLING MY INTELLECTUAL PROPERTY WITHOUT MY PERMISSION AGAINST THE TERMS OF THE LICENCE (NO COMMERCIAL USE)"

    If publishers are really contributing nothing ... stop publishing through them!
    The controversy here is precisely that he decided to publish in an open access journal. In fact, you can read about their open access policy here, which says: "From 1st January 2005, all articles published in NAR are freely available online immediately upon publication. This means that it is no longer necessary to hold a subscription in order to read current NAR content online."

    After paying his >$2000 publication charge, the journal turned around and tried to charge others for access. As he points out, this could have been an innocent mistake on their part. But, it's a violation of the agreement he had with them, and needs to be fixed.

    Set up your own journals and charge nothing or a token amount for access. If scientists are so bigoted they only deign to acknowledge work published in overpriced, unnecessary, exploitative publishers' journals, the problem is on the scientists' end.
    I don't know if the word "bigoted" is warranted, but I agree that we scientists need to push for open access. Which is what he did, by publishing in an open-access journal.
  5. Full Text, only $48 dollars or 5 mod points by Creepy+Crawler · · Score: 4, Interesting


    OUP wants me to pay for my own Open Access article

    I have been dismayed (previous post: "Open Access") at the lack of commitment to OA by mainstream (primarily toll-access (TA)) publishers and have described this as a "systemic failure" of the industry. Here is another unacceptable lack of clarity and commitment from an Open Access journal from a major publisher. I had been investigating OUP's site for another reason (PRISM: Open Letter to Oxford University Press) and since I had published with them thought I would have a look at papers I had written ("I" and "my" include co-authors). This is what I found (screenshot):

    The Image in the blog entry stating $48 cost

    The electronic article is accompanied by a sidebar with "request permissions". I followed this and the result is shown above. The journal wishes to charge me 48 USD to:

            * USE MY OWN ARTICLE
            * ON WHICH I HOLD COPYRIGHT
            * FOR NON-COMMERCIAL PURPOSES (TEACHING)

    The journal is therefore

            * SELLING MY INTELLECTUAL PROPERTY
            * WITHOUT MY PERMISSION
            * AGAINST THE TERMS OF THE LICENCE (NO COMMERCIAL USE)

    I am lost for words... ... the only charitable conclusion I can draw is that the publisher ritually attaches the awful Rightslink page to every article automatically and that this is a genuine mistake. I have found such "genuine mistakes" with other publishers in their hybrid journals (i.e. where only some of the papers are OA, the majority being toll-access TA). But this is a fully OA journal - all papers are OA - I assume CC-NC. There is no excuse for including the Rightslink page on ANY OA paper, let alone every one on a journal.

    If this is - as I desperately hope - a genuine mistake then my criticism might seem harsh. But it is actually part of the systemic failure of the industry to promote Open Access. And I hope that OUP can and will clarify and rectify the position. If, however, it is deliberate and that the publisher actually intends to charge readers and users for Open Access articles I shall reserve comment.

    This is not a trivial point. The normal reader of a journal who wishes to re-use material has to navigate copyright constraints and restrictions on an all-too-frequent basis. Such a reader, especially if they were relatively unaware of Open Access could easily pay the journal for "permission to use an Open Access article for teaching". (Note that other charges are higher - to include my own article in a book I write would cost nearly 350 USD).

    It is all indicative of an industry that simply isn't trying hard enough.
    RECOMMENDATION:

    OPEN ACCESS ARTICLES ON PUBLISHERS' WEB PAGES SHOULD NEVER BE ACCOMPANIED BY RIGHTSLINK OR OTHER PERMISSION MATERIAL. INSTEAD THE PUBLISHER SHOULD PRO-ACTIVELY POINT OUT THE NATURE OF OA AND ENSURE THAT THE READER AND RE-USER IS FULLY AWARE OF THEIR RIGHTS.

    After all, the author has paid for this...

    This entry was posted on Monday, September 3rd, 2007 at 6:43 pm and is filed under open issues. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

    --
  6. Re:And by mikael · · Score: 4, Informative

    I am sure that if he went in to see the library staff, they would be able to give him an Athens login account, and that would allow him to to read his article for free. These are free for any staff or student who is working at a UK university.

    This seems to be more of an issue of central services not being informed of which journals they should be subscribing to.

    --
    Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
  7. Re:UbuntuDupe Untangling Squad by kebes · · Score: 4, Informative

    I need to correct myself (again). The article PDF is available for free download, but if you go to the article page and click on the "Request permission" link, you're brought to a new page where you can request permission to, for instance, print out copies for use in class. The form then tells you how much you have to pay them for those permissions.

    The issue, of course, is that this explicitly violates the creative commons (noncommercial) license that he published under (and which the journal evidently agreed to, in order to be able to post his paper at all). The journal is thus illegally charging others for permissions that are free.

    It still looks like a honest mistake. The structure of the website is such that a standard "permissions system" is being applied to a wide range of content for various journals. They seem to be mistakenly applying this system even to the open-access journals in the collection.

    Even though this is probably just an honest mistake, it needs to be fixed ASAP. They are presently breaking the law and very much going against the spirit of the agreement that he entered into with them when he published his paper.

  8. Re:His license doesn't matter by Stephan+Schulz · · Score: 4, Informative

    "You agree that OUP may include the Article in an "open access" version of the Journal subject to payment of the relevant 'open access' fee or submission of a valid fee-waiver form."
    This part is a bit confusing, but it refers to the author paying OUP to put it into an open access journal, not the reader paying to access this paper. The reader access is described on the right of that form:

    "Open access" versions are made freely available online immediately upon publication as part of a long-term archive without subscription barriers to access.
    --

    Stephan

  9. So do what Don Knuth did and leave them. by conspirator57 · · Score: 4, Informative


    http://www.cs.colorado.edu/~hal/jalg.html

    Dr. Knuth has a stark and telling financial analysis for his journal in particular and its trend in relation to the marketplace in his letter to the Editorial board of the Elsevier journal of which he was a member. It led to the resignation of the entire editorial board and the formation of the ACM journal Transactions on Algorithms. It's a must read for the current discussion.

    BTW: I just started back at school for my master's and the required orientation seminars include a segment from the librarians. The librarians emphasize the importance of searching the more expensive, private journals they pay for (Springer, etc.) claiming that your academics will suffer if work has been published in a journal and you don't reference it. The librarian sounded like he was reading Springer's marketing material to us. It was disgusting. For the scientific community to break out of this media trap, we must reject this mentality, allow researchers to answer questions on research sources on ethical grounds, and ultimately make the decisions that Dr. Knuth and the JoA board made.

    --
    "If still these truths be held to be
    Self evident."
    -Edna St. Vincent Millay
    1. Re:So do what Don Knuth did and leave them. by everphilski · · Score: 5, Insightful

      claiming that your academics will suffer if work has been published in a journal and you don't reference it.

      Your journal submissions / Master's thesis will, regardless of whether you felt this was 'marketing material'. It is very important, if you are going to publish via any mainstream channel, and this includes masters thesis/doctoral dissertation, to consider the literature and cite, cite, cite. Failure to do so can lead to problems down the road, it is no joke.

      The benefit of this is that you gain a better understanding of the state of the knowlege of the scientific community and you can better define and carve out for yourself a problem to tackle as a grad student. Uniqueness is important.

  10. Re:And by iocat · · Score: 5, Informative
    I think it's worth RTFA and the Oxford response in his comments section. Pasted below:

    Dear Dr Murray-Rust

    I would like to respond to your post entitled, 'OUP wants me to pay for my own Open Access article' (September 3rd 2007).

    It is not Oxford Journals' policy to charge any users for downloading and using Open Access articles for non-commercial purposes. As stated in the copyright line, all Oxford Open articles are published under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/2.0/uk/ ) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

    Rightslink functionality should not be appearing on any of our OA articles, and we are in the process of removing it. For Nucleic Acids Research, the links are not displaying on tables of contents with immediate effect, and will be removed from all article pages as soon as possible. For the OA content in journals participating in Oxford Open, we will also remove any references to Rightslink. In addition to the existing copyright line and the embedded machine-readable licence, we will also display the Creative Commons logo to help make the licence terms clearer to users.

    For clarification, it has never been our policy to charge our own authors for the re-use of their material in the continuation of their own research and wider educational purposes, and this includes authors of articles published under a subscription model.

    Kind regards

    Kirsty Luff
    Senior Communications and Marketing Manager
    Oxford Journals

    So, maybe not quite as sinister as it appears.
    --

    Dude, I think I can see my house from here.