When “Open” Is Closed: Evaluating Open Access Author Contracts’ Alignment with the Open Ethos

Abstract

Open access (OA) represents a major disruption to the publishing industry in that it abandons traditional publishing models where only certain people may access scholarly content (e.g., through institutional subscriptions) in favor of granting access to anyone with an internet connection. This has necessitated a shift in publishing practices: moving away from subscriptions and copyright transfer to alternative funding models, open licenses, and author copyright retention. At least, that is what OA is supposed to achieve, according to global declarations, such as The Budapest Declaration and Plan S Principles. The reality of the landscape is much messier in practice. We analyzed 213 publishing contracts from fully OA journals to see how well publishing contracts’ terms aligned with what we call the “open access ethos” - common expectations around authors’ and users’ rights for open access content. We found that many OA journals contained terms that run counter to authors’ retention of rights and open licensing standards. Furthermore, we found that many contracts had contradictory terms or conflicting requirements that could ultimately raise legal questions regarding ownership over the work and how it can be reused. Our findings demonstrate a publishing landscape not just in transition from a closed to an open access model, but one in which free access conceals a quagmire of usage rights and licensing issues. As the academic publishing landscape becomes more heterogeneous, it is increasingly vital for scholars to understand author’s rights and how to become advocates for their research.

Presenters

Melissa Cantrell
Scholarly Communication Librarian, University Libraries, University of Colorado Boulder, Colorado, United States

Sarah Wipperman
Scholarly Communications Specialist, OA.Works, United States

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Mediums of Disruption

KEYWORDS

Academic Publishing, Open Access, Journals, Publishing Contracts, Copyright, Author Rights

Digital Media

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