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Elsevier Going After Authors Sharing Their Own Papers

David Gerard writes "Elsevier, in final desperation mode, is going after authors sharing their own papers online. Academia.edu has told several researchers that Elsevier 'is currently upping the ante in its opposition to academics sharing their own papers online.' This is the sounds of a boycott biting."

30 of 259 comments (clear)

  1. Breach of contract, copyright infringement by Anonymous Coward · · Score: 5, Interesting

    I agree that sharing these papers online is the right thing to do, but then maybe they shouldn't sign a contract giving up the right to do it?

    1. Re:Breach of contract, copyright infringement by K.+S.+Kyosuke · · Score: 5, Interesting

      You can't possibly infringe on copyright by sharing your own work. (At least not where I live. People in some countries may be fucked, though.)

      --
      Ezekiel 23:20
    2. Re:Breach of contract, copyright infringement by Hatta · · Score: 5, Informative

      Many of these journals require copyright assignment, at which point it's not your own work anymore. Just one more reason the traditional scientific publishing model needs to die a quick death.

      --
      Give me Classic Slashdot or give me death!
    3. Re:Breach of contract, copyright infringement by MickyTheIdiot · · Score: 5, Insightful

      I've said this before and I will say it again... corporations should be legally prohibited from owning copyrights. They should be legally limited to leasing copyrights from real persons. Copyrights were meant to make MORE material open, not to lock up material so that a corporate entity and gather rents without end.

    4. Re:Breach of contract, copyright infringement by the_povinator · · Score: 5, Informative
      I had this problem, nearly a year ago, and as a result had to move my website from pages.google.com to my self-hosted website at www.danielpovey.com (I explain the situation there).

      What happened is I made available online a preprint of a paper that I had submitted to an Elsevier journal... this is explicitly allowed by the terms you agree to (the preprint is the draft version that you submit to the journal, before the reviewers suggest changes). Anyway, Elsevier's people submitted a DMCA request to Google, even though what I was doing was 100% allowed, and this caused Google to take down my whole homepage. Google restored my website about a week later, after I submitted a counter-notification or whatever they call it, but by that time I'd decided to move to self-hosting.

      So yes, fuck Elsevier.

      Dan

      --
      The .sig is dead, and I believe I had a hand in killing it.
    5. Re:Breach of contract, copyright infringement by K.+S.+Kyosuke · · Score: 4, Insightful

      Many of these journals require copyright assignment, at which point it's not your own work anymore.

      I think this is exactly the situation for which the "void where prohibited by law" phrase was invented.

      --
      Ezekiel 23:20
    6. Re:Breach of contract, copyright infringement by mspohr · · Score: 5, Interesting

      The people who actually did the work and wrote the manual or designed the project.
      Corporations are not people. Corporations cannot create any "works". People create works. People should own their creations.

      --
      I don't read your sig. Why are you reading mine?
    7. Re:Breach of contract, copyright infringement by Anonymous Coward · · Score: 4, Informative

      Corporations pretty much are equivalent to people under US law. They have many of the same rights including the right to donate to politicians....

    8. Re:Breach of contract, copyright infringement by davecb · · Score: 4, Informative

      In countries like Canada, authors have "moral rights" under copyright law, specifically including the right to be be named as the author of a work, even if it is paid for by another. These cannot be waived, and in some specific cases can only be assigned.

      One might declare a non-assignable moral right to make available one's work, including for purposes of showing a "portfolio" of one's work, or making scholarly works available to other scholars.

      --
      davecb@spamcop.net
    9. Re:Breach of contract, copyright infringement by trackedvehicle · · Score: 5, Insightful

      Many of these journals require copyright assignment, at which point it's not your own work anymore. Just one more reason the traditional scientific publishing model needs to die a quick death.

      Many? More like... all of them! As a scientist, I am fucking sick of copyrights. Maybe they're useful for some (but certainly not all) artists, but for scientists they are nothing but a way for big media (and Elsevier, Nature Publishing etc. are big media) to wrestle control of the scientist's work away from the scientist him/herself.

    10. Re:Breach of contract, copyright infringement by David+Gerard · · Score: 4, Interesting

      But Alicia Wise, Director of Access & Policy at Elsevier, says that couldn't possibly have happened!

      I've called it to her attention. Possibly she will even respond! Who knows?

      --
      http://rocknerd.co.uk
    11. Re:Breach of contract, copyright infringement by spire3661 · · Score: 4, Informative

      You can do all those things under current copyright. What you can't do, and what copyright is truly concerned with is DISTRIBUTION to others.

      --
      Good-bye
    12. Re:Breach of contract, copyright infringement by xaxa · · Score: 4, Informative

      I don’t know enough about the academic publishing situation to know why authors would agree to sign away self publishing rights, but presumably there’s some value to using Elsevier’s services, even if the “value” is only in the sense that authors are required to do it in order to be “published” and advance their careers.

      I may have misinterpreted, but that sounds like you're suggesting scientists only publish work for selfish reasons (for their own career). Publishing work in a peer-reviewed journal is part of the process which shows the research is reasonable, and -- in theory -- puts it somewhere where it can be accessed by other scientists, validated or contested, and cited. It's often a requirement of receiving a grant, including from the/a government.

  2. Upset your suppliers, become irrelevant? by whoever57 · · Score: 5, Interesting

    I can't think of a better way to destroy your product than to annoy the people who create and deliver to you (at zero price) the basic ingredient to the product you sell.

    --
    The real "Libtards" are the Libertarians!
  3. Re:wait by Anonymous Coward · · Score: 5, Informative

    Short explanation:

    When a paper writer contributes a document to be published by Elsevier, they sign away their own rights to the document to allow them to be published.

    Most of the people that write these documents also post these documents on their own websites anyway.

    In this situation, Elsevier sent a take-down notice to Academia.edu who was hosting one of these documents (that he'd posted on Academia.edu). Academia.edu sent him a letter basically saying that they felt that this was a terrible thing to do, but they had no choice.

  4. Here is the problem by joe_frisch · · Score: 5, Insightful

    I work at a big national laboratory that is funded by the US government.

    Naturally the government needs to allocate limited funds among their various laboratories, each of which has more ideas for things to do than there is funding.

    In order to avoid corruption / favoritism (remember total we are talking billions of dollars), the government wants a quantifiable way to evaluate the performance of the laboratories in order to help determine how to best distribute the available funds.

    One of the metrics they have picked is number of publications in "high impact" journals. (its not easy to think of better quantifiable metrics).

    Most of the high impact journals are the old private journals like Physical Review, or Nature.

    So, if the scientists refuse to publish in these journals, the laboratory looks worse, and will tend to lose funds. This will direct money away from the best labs.

    Of course publishing in high impact journals also helps the scientists' careers - and the same sort of arguments apply.

    The journals of course are businesses and quite reasonably want to stay in business and make a profit.

    Sadly I don't have a good idea for a solution.

  5. Re:Too desperate to get published by wuerz · · Score: 5, Informative

    Publish or perish. As an academic your worth is measured (among other things) by the number of publications. In an effort to keep up the stream of publications out of one's lab, people agree to anything the publishers demand.

    Of course one could also negotiate less onerous terms, but that is hard when the publisher prints my paper with absolutely no (publishing-related) cost to me.

  6. Re:Too desperate to get published by Anonymous Coward · · Score: 5, Informative

    Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

    Because it costs $1500. I just published a paper with Elsevier and they extened their offer to publish my paper as open access.

    That said, the copyright that I transfered is not that bad. I can publish a prepublication version on my personal website (that is, without the journal formatting), as well as preprint versions on the arXiv. I need to put the information on where the paper was published, which seems fair enough. Anyone looking for it can find it.

  7. Government works aren't copyrightable.. by toonces33 · · Score: 4, Informative

    If you are a government employee and you submit a paper, instead of assigning the copyright, you send them some sort of standard form informing them that since the work was done by the government, it is not copyrightable.

    http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government

  8. Re:Too desperate to get published by Chris+Mattern · · Score: 4, Informative

    Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

    Because those are the terms of the journal. Don't transfer all the copyrights, don't get published.

    Why not just put it on their institutional web server, and submit the link to google? I never saw a university that didn't make such a web server available to Faculty and even Students.

    Because that doesn't count. Research has to be published in a peer-reviewed journal (or at a peer-reviewed conference) or it doesn't exist. You don't get credit for it, it never gets cited or used by other research, it doesn't become part of the literature.

  9. Re:Too desperate to get published by Anonymous Coward · · Score: 5, Informative

    Why do these researchers transfer ALL copyrights, instead of just giving a non-exclusive copyright?

    Why not just put it on their institutional web server, and submit the link to google? I never
    saw a university that didn't make such a web server available to Faculty and even Students.

    A boycott can't come soon enough.

    Publishing isn't just the act of getting your paper out there in research. It's the act of a review committee determining that your paper is of high enough quality to be presented through their Journal. The Journals are more or less ranked in prestige, which is related to how difficult it is to get your paper published in that Journal.

    So academic publishing is part review service, and part information distribution. The way the review service has been funded in the past is that they charge quite a bit to obtain the Journal's distribution. Libraries typically fund this directly, or occasionally the individual or laboratory. A yearly subscription to a key journal might cost more than a thousand dollars.

    As such, researchers are asked to give away publishing rights; otherwise, the journal could be undercut from it's revenue stream quite easily, via self-publishing or second-source publishing. This would lead to validation in the prestigious publication, and no funding going to that publication due to everyone buying access to the paper through other markets.

    Typically an author knows this, and there is an informal means of working around this in academia when a person who can't reasonably afford the journal needs a copy of the paper. They contact the original author, and if you can reach them (typically not possible unless you have a connection), and they are willing, they will give you a copy of the paper.

    This publication is deciding to protect it's revenue stream by going after it's authors for violating their agreements to not distribute the same material by a different means. Provided that giving away a copy of the paper is interpreted as redistribution, the original author is in the wrong; however, it is an unwise approach to punish authors, as it might tip the current balance of costs and benefits of publication in a prestigious journal to the side where other less prestigious Journals with more relaxed policies might start getting all the good papers.

    It's been like this for the past 30 years, this is nothing new. Getting published in Science or Nature is a resume builder, which will get you A-listed for grant money.

  10. Re: wait by teslar · · Score: 4, Informative

    It isn't clear here whether the papers in question were the pre- or post-editing versions

    They are going after the final, published versions (including Elsevier formatting and all), commercial use of accepted manuscripts, systematic distribution and the like (some of which applies to academia.edu). In other words, what you said was fair game still is - you are allowed to share the accepted manuscript with others (including on your website where Google Scholar will pick it up and render it discoverable in a matter of days, so it's not like this restricts you), you (or anyone else) just can't make money off it and you can't use their typesetting.

    For the accepted manuscript version, let me just quote from Elsevier's author rights:

    Elsevier believes that individual authors should be able to distribute their AAMs for their personal voluntary needs and interests, e.g. posting to their websites or their institutionâ(TM)s repository, e-mailing to colleagues. However, our policies differ regarding the systematic aggregation or distribution of AAMs to ensure the sustainability of the journals to which AAMs are submitted. Therefore, deposit in, or posting to, subject-oriented or centralized repositories (such as PubMed Central), or institutional repositories with systematic posting mandates is permitted only under specific agreements between Elsevier and the repository, agency or institution, and only consistent with the publisherâ(TM)s policies concerning such repositories. Voluntary posting of AAMs in the arXiv subject repository is permitted.

    So you can see how academia.edu falls foul of this while your right to share your work does not.

    (Some of my papers are published in Elsevier journals - they are however also all open access. In case you're wondering.)

  11. Re:they've got it backwards by interkin3tic · · Score: 4, Interesting

    Well, that's kind of the issue. Academics are already boycotting Elsevier. Thing is, academics are focused on research, not on publishing, so many aren't even aware of the boycott, others care less about their rights to host their own papers than they do in publishing in the highest impact journal they can. Plus, few papers are published with a single author. On my paper, I suggested we not submit there. My boss stifled a laugh. It's published with Elsevier. I occasionally get requests for it from researchers who don't have access to that journal. I guess I'm going to have to start worrying that they are undercover Elsevier agents.

  12. Article is flame bait by siwelwerd · · Score: 5, Informative

    This is complete flame bait. Here is a link to what Elsevier allows authors to do with their articles: http://www.elsevier.com/journal-authors/author-rights-and-responsibilities#author-posting . The article asserts that posting to your own website is a violation of the agreement; note that Elsevier explicitly states that this is allowed. Posting the submitted version to preprint servers (e.g. arxiv.org) is explicitly allowed. What you can't do is post to some third party for-profit website, which is apparently how they view this academia.edu place. Given that they have an "about" page bragging about their investors, and they have a CEO, it does not seem far fetched to conclude that this academia.edu is gaining commercially from your posting the article, which is an explicit violation of the agreement with the publisher.

    So to me, this is a non-story. Disclosure: I have no love for Elsevier, but I have published with them in the past and will again in the future (we junior faculty don't have the luxury of taking principled stands).

  13. Re:Wide Dissemination vs LockBox by spasm · · Score: 4, Insightful

    It's not about just 'getting your work out' - it's about the fact that the university who decides whether you get tenure or post-tenure promotions still does so partially on the basis of how many publications you have in peer-reviewed journals, and how high the impact factor of those journals is. My institution literally has a tenure requirements document that says "at least 3 papers published in journals from this list of high-impact journals, or at least 5 in this other list of lower-impact journals'. So it's publish in those journals or lose your job when you fail to get tenure. So you sign whatever the journal wants you to sign if you get a paper accepted there, no matter how stupid the terms. What needs to change is universities removing journals who abuse everyone from those magic lists, so we can all safely ignore them.

  14. Re:Wide Dissemination vs LockBox by lorinc · · Score: 5, Informative

    Researchers agree these terms because they have no other choice. Ok, seems nobody outside the academic gets the sense of publish or perish.
    Let me tell you why I continue to send my works to Elsevier (or the others) journals, whatever they are asking in the terms and conditions.

    In my country (France), to get a research position you first have to get a "qualification" which involves a threshold on the number of journal papers you have. The higher the impact factor of the journal, the better it counts. Once you have this "qualification", you can try to get a position - the system is competition based, and most of the time it is based on the number of high impact factor journal papers you have. So yeah, basically, if you try to play the cowboy before you have the position, you'll never get one.

    Now, I do have such position and I could put all my stuff on arxiv. But I also have PhD students, and they want to work in the academic. if I tell them to go the open access way, they'll never get the "qualification" and the position. Thus, we chase these "important" journals (read significant impact factor), and send the articles there. As long as articles in these journals is mandatory to get a position, we have no other choice than publishing there for the students.

    To my mind, the solution lies not in the hands of the researchers, by is rather a political one. If the government dictates specific recommendations that positions should be awarded to people with open bibliography, the stupid behavior of Elsevier will die. As long as no political action is taken, it will continue as it was.

  15. Re:Too desperate to get published by akozakie · · Score: 4, Informative

    > Because that doesn't count. Research has to be published in a peer-reviewed journal (or at a peer-reviewed conference) or it doesn't exist.

    Well... true.

    > You don't get credit for it,

    Yup.

    > it never gets cited or used by other research, it doesn't become part of the literature.

    Nope, not necessarily, depends on the field. I see more and more citations of even blog entries. Some have more citations than the best paper anyone I met personally wrote. Some "not-papers" become cornerstones of entire branches of research, although they tend to be later replaced by real papers by the same author (with nothing new in them). Note that not all publishers will even accept citations like that.

    Still, these citations do not count - at least where I leave. You may be the author of the most influential text in the field in years. Your results may have been replicated by multiple peers and cited by almost everyone who matters, making you a real celebrity. However, it's not in a journal on the ministerial list. It is not indexed by the oficially endorsed database (mostly Web of Science here). It gets cited, but these citations do not appear in the database. So, your official parameters (like h-index) are unaffected. It is entirely possible to be - at the same time - one of the most influential researchers worldwide and a deadweight for your institution, lowering its total score. Also, grant proposals you submit will get lower scores, because you're "not influential enough", you're unlikely to produce anything worthwile.

    So, you're basically right. You will swallow any restrictions imposed by the publisher if the journal is good enough and wants to publish your paper. Because your evaluation is not based on your real achievements - that's too subjective. It is based on artificial scoring, in which some peer-reviewed journals, mainly from the largest publishers, simply rule.

  16. The law is wrong by Runaway1956 · · Score: 5, Insightful

    When a corporation is executed for causing the deaths of real people, then we might talk about corporate personhood.

    In fact, when a corporation causes the deaths of hundreds, or even thousands of people, the corporation is protected.

    Union Carbide seems to be doing quite well, despite major disasters such as this one.
    http://en.wikipedia.org/wiki/Bhopal_disaster

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    1. Re:The law is wrong by Anonymous Coward · · Score: 4, Insightful

      Bad argument, but nice try at getting the conservative talking point across. GM would have gone bankrupt anyway. The federal government became a majority investor in the company, and part of that deal involved certain conditions. A private entity could have, and should have, done something similar but none were willing.

      Part of the reason for that is that the corporate sector saw the "death" of GM as a good thing, since auto makers typically deal with unions and they saw this as a great way to get rid of more organized labor. Unfortunately, by sitting back and doing nothing, the banks and corporate sector opened themselves up to having a different kind of investor come in. This one insisted on bankruptcy, that is making capitalists lose on the risks they took investing in the company, while not screwing over labor so much in the process.

      That is why conservatives hated the GM deal. It showed that investing in a company actually has risk that on occasion one has to deal with, and it didn't screw over workers as much as normal deals do. The investor class perhaps got more screwed than they might have in a private takeover, since those tend to be sweetheart deals that reward the useless as much as possible. The government tried to get private industry to do the takeover themselves and for political reasons they didn't want to and their bluff got called. Sucks to be them. GM is profitable and, as promised, the government is now getting out of that business. They really hate it when something actually works because it flies in the face of the "government is broken and everything it ever touches is a hopeless mess all the time always and forever" meme they've got going on.

      This had absolutely nothing to do with an "execution" for misdeeds and is a terrible example except to get some more anti-Obama propaganda out there. If you want to criticize the man, I can think of a whole lot better and more worthy examples of doing so. Covering up the treasonous crimes of the previous administration, continuing a lot of them including NSA spying, continuing to negotiate "free trade" deals like the TPP, etc.--the list goes on.

  17. Re: wait by Maow · · Score: 4, Informative

    I wonder if this is really aimed at academia.edu rather than the authors. As far as I can tell, Elsevier hasn't (yet, at least) gone after academics posting their own papers on their own website in the traditional manner, i.e. as a PDF at www.university.edu/~jsmith/papers/smith2013bigresult.pdf.

    Just in case you missed this post by Danial Povey, it seems that is not the case.