Why Lakoff still matters: Framing the debate on copyright law and digital publishing

First Monday ◽  
2009 ◽  
Author(s):  
Diane Gurman

In 2004, linguist and cognitive scientist George Lakoff popularized the idea of using metaphors and “frames” to promote progressive political issues. Although his theories have since been criticized, this article asserts that his framing is still relevant to the debate over copyright law as applied to digital publishing, particularly in the field of scholarly journals. Focusing on issues of copyright term extension and the public domain, open access, educational fair use, and the stewardship and preservation of digital resources, this article explores how to advocate for change more effectively — not by putting a better “spin” on proposed policies — but by using coherent narratives to frame the issues in language linked to progressive values.

Author(s):  
Валентина Троцька

The author in the article explores the issues of using publications available in Open Access on the digital network. The article describes the definition of the term «Open Access». This concept is based on the Budapest Open Access Initiative (2012) — this document contains one of the most widely used definitions of Open Access. The basic features of this term are established.A comparison is made between the free (fair) use of works and the use of publications available in Open Access. The difference between these concepts are established.The use of publications available in Open Access, except for works that have become public domain, may not be copyright free. Moral rights are reserved by the authors, and property rights belong to the person who acquired them in accordance with the law or the contract. These rights must be adhered when publishing and using this publication available in Open Access. The use of the term «Open» does not mean unlimited access to the works.The article explores that Open Access publishing is possible if there are not legal, financial, technical obstacles. It has been proven that overcoming these obstacles is directly or indirectly related to the need for compliance copyright law.The article explores the problematic issues of authors' payment for article publishing charge and the use of publications available in Open Access (Article processing charge) and ways solution these issues.This article gives an overview of examples of contracts where publication fees are paid not by institutional authors but by interested organizations. The article explores the different types of contracts that can be concluded when publishing works and the use of publications available in the Open Access. In particular, the agreements of the rights transfer, the public licenses for Creative Commons.Generally, the use of a published work may be permitted subject to the conditions, defined by the person, who has the exclusive right under law or contract to permission the use of the work, and may determine the conditions of access to that work. The article argues that the key issue is the compliance of copyright for works that are created, published, and made available to the public online under the Open Access. The author analyzes the others issues of application of the legislation in the sphereof copyright, gives examples from practices.


2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.


Author(s):  
Slobodanka (Bobby) Graham

Academic and scholarly journals are in trouble: small print runs, part-time editors, and dwindling funds are conspiring to crush them. But help is at hand: new trends in open access publishing support free, digital and open access to research literature, bringing writing and discourse to new and wider audiences. The National Library of Australia has created an Open Publish Web space, using the Open Journal Systems (OJS) digital publishing software to manage, host and deliver an online open access journal service. The Library's objective is to establish "new ways of collecting, sharing, recording, disseminating and preserving knowledge". We want "to ensure our relevance in a rapidly changing world, [by participating] in new online communities". For these reasons, the Library decided to engage in an open access journal publishing trial. This paper outlines the collaboration between the Library and the Association for the Study of Australian Literature to migrate their peer-reviewed journal, JASAL, to an online format. The successful outcome has informed the Library's decision to include Open Publish journals in the Library's collections.


F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 20
Author(s):  
Alexander Grossmann ◽  
Björn Brembs

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the costs associated with publishing primary research articles, from submission, through peer-review, to publication, indexing and archiving. We find that these costs range from less than US$200 per article in modern, large scale publishing platforms using post-publication peer-review, to about US$1,000 per article in prestigious journals with rejection rates exceeding 90%. The publication costs for a representative scholarly article today come to lie at around US$400. These results appear uncontroversial as they not only match previous data using different methodologies, but also conform to the costs that many publishers have openly or privately shared. We discuss the numerous additional non-publication items that make up the difference between these publication costs and final price at the more expensive, legacy publishers.


F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 20
Author(s):  
Alexander Grossmann ◽  
Björn Brembs

For decades, the supra-inflation increase of subscription prices for scholarly journals has concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, the prices for open access publishing are also high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the costs associated with publishing primary research articles, from submission, through peer-review, to publication, indexing and archiving. We find that these costs range from less than US$200 per article in modern, large-scale publishing platforms using post-publication peer-review, to about US$1,000 per article in prestigious journals with rejection rates exceeding 90%. The publication costs for a representative scholarly article today come to lie at around US$400. We discuss the additional non-publication items that make up the difference between publication costs and final price.


Author(s):  
G. Prince

This chapter is intended to present briefly the open educational resources initiatives in India especially related to growth of scientific literature. Scholarly communication can be defined as the system through which research and other scholarly writings are created, evaluated for quality, disseminated to the scholarly community, and preserved for future use. An old tradition and a new technology have converged to make it possible as an unprecedented public good. The old tradition is the willingness of scientists and scholars to publish the fruits of their research in scholarly journals without payment, for the sake of inquiry and knowledge. The new technology is the internet and web 2.0 tools. Thus, the scholarly communications are available in the public domain in the open access platform. The system includes both formal means of communication, such as publication in peer-reviewed journals, and informal channels in electronic media of open access. Also presented is an overview of all available open source resources in Indian context.


2021 ◽  
Author(s):  
Roberto CASO ◽  
Giulia Dore

The Green route to Open Access (OA), meaning the re-publication in OA venues of previously published works, can essentially be executed by contract and by copyright law. In theory, rights retention and contracts may allow authors to re-publish and communicate their works to the public, by means of license to publish agreements or specific addenda to copyright transfer agreements. But as a matter of fact, because authors lack bargaining power, they usually transfer all economic copyrights to publishers. Legislation, which overcomes the constraints of a contractual scheme where authors usually have less bargaining power, may deliver a (digital) second publication or communication right, which this paper discusses in the context of research publications. Outlining the historical and philosophical roots of the secondary publication right, the paper provocatively suggests that it has a “moral” nature that even makes it a shield for academic freedom as well as a major step forward in the overall development of OA.


Author(s):  
Alexander Grossmann ◽  
Björn Brembs

For many decades, the hyperinflation of subscription prices for scholarly journals have concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the costs associated with publishing primary research articles, from submission, through peer-review, to publication, indexing and archiving. We find that these costs range from less than US$200 per article in modern, large scale publishing platforms using post-publication peer-review, to about US$1,000 per article in prestigious journals with rejection rates exceeding 90%. The publication costs for a representative scholarly article today come to lie at around US$400. We discuss the additional non-publication items that make up the difference between publication costs and final price.


2019 ◽  
Author(s):  
Alexander Grossmann ◽  
Björn Brembs

For many decades, the hyperinflation of subscription prices for scholarly journals have concerned scholarly institutions. After years of fruitless efforts to solve this “serials crisis”, open access has been proposed as the latest potential solution. However, also the prices for open access publishing are high and are rising well beyond inflation. What has been missing from the public discussion so far is a quantitative approach to determine the actual costs of efficiently publishing a scholarly article using state-of-the-art technologies, such that informed decisions can be made as to appropriate price levels. Here we provide a granular, step-by-step calculation of the costs associated with publishing primary research articles, from submission, through peer-review, to publication, indexing and archiving. We find that these costs range from less than US$200 per article in modern, large scale publishing platforms using post-publication peer-review, to about US$1,000 per article in prestigious journals with rejection rates exceeding 90%. The publication costs for a representative scholarly article today come to lie at around US$400. We discuss the additional non-publication items that make up the difference between publication costs and final price.


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