[Open-access] scholarly articles still not in OA. What could we do?

Fri Jan 31 21:04:03 UTC 2014

Thanks Marcin for this very valuable piece of  information.
I still do not recall exactly where I heard that copyright for articles
published before 1999 does nor apply to electronic versions.
I think I heard this at the Berlin10 conference in South Africa , I will
try to find the right citation (Mike)
TOM

On Fri, Jan 31, 2014 at 9:13 PM, Marcin Wojnarski <
marcin.wojnarski at tunedit.org> wrote:

>  That's wonderful!
> In Polish copyright law, there has been always the concept of "fields of
> exploitation" of a creative work. For the transfer of copyright to be
> legally correct and binding, all intended fields of exploitation must be
> explicitly named in the contract between author and publisher. If a given
> field is not specified, copyright is not transfered for this field of use.
> Moreover, it's not allowed to use general statements like "all fields of
> exploitation" or "all future fields of exploitation" - this is incorrect
> and has no legal effect. For a reference, see:
> http://en.wikisource.org/wiki/Polish_Copyright_Law (Article 41, p. 2 & 4)
> or http://www.artserwis.pl/index.php?f=1&fgid=1&fqid=23 (in Polish).
>
> Now, internet and digital distribution is a new, separate field of
> exploitation. But in contracts signed before internet era, say until 90s,
> this field couldn't have been specified, so all those contracts are valid
> only for traditional forms of use of the work and not for the web. Thus,
> for internet use, copyright to these publications still belongs to
> respective authors and not to publishers. :)
>
> That's how it works in Poland. It can be different in other countries.
>
> Marcin
>
>
>
> On 01/31/2014 04:46 PM, Tom Olijhoek wrote:
>
> Isn't it the case that for everything published before 1999 the copyright
> does not apply to any electronic version?
>
>  Tom
>
> On Friday, January 31, 2014, Mike Taylor <mike at indexdata.com> wrote:
>
>> Between you and me ... (c) is rife in the world of vertebrate
>> palaeontology, where large collections of old but not-out-of-copyright
>> papers routinely circulate.
>>
>> -- Mike.
>>
>>
>> On 31 January 2014 14:43, Peter Murray-Rust <pm286 at cam.ac.uk> wrote:
>> > I fully understand. It's not just in HSS. Chemical papers 100 years old
>> are
>> > still useful. And certainly i observational biology.
>> >
>> > It's worth using the OAButton - if only to reduce your blood pressure.
>> It
>> > may also highlight the problem - if OAButton can count the ages of the
>> > papers that might show your problem was common.
>> >
>> > The forces for change could be (a) legislation. (b) a change in the
>> > publishing market. Neither are fast. (c) Civil disobedience would also
>> work.
>> >
>> >
>> >
>> > On Fri, Jan 31, 2014 at 2:17 PM, Bjoern Brembs <b.brembs at gmail.com>
>> wrote:
>> >>
>> >> On Friday, January 31, 2014, 3:03:56 PM, you wrote:
>> >>
>> >> > But I am under the impression that this fight tends to forget
>> >> > former journals, old papers, etc. some of which are, at
>> >> > least in social sciences, still relevant and useful. Could
>> >> > we launch a sort of a campaign "OA for now, but also OA to
>> >> > the past", in order to entice researchers to put all their
>> >> > old papers in OA? Or support libraries that could do it
>> >> > with their old collections or older series? Maybe this is
>> >> > already in the make and I am not aware of it?
>> >>
>> >> This is something that I think should be solvable in principle.
>> >> Copyright expires after a number of years. Depending on several
>> factors,
>> >> this can be 28 years, 70 years, 95 years or 120 years. So in most
>> cases, a
>> >> 1994 article is still protected by copyright and is just as difficult
>> to
>> >> make OA as any other copyrighted, more recent article.
>> >>
>> >> But I agree with you that libraries should try and harvest everything,
>> >> independent of its protection and make available everything that is
>> legal to
>> >> make available.
>> >> I would really like to see how one would apply copyright law to
>> determine
>> >> which articles in the scholarly literature could be seen as publicly
>> >> accessible at this point in time and what percentage of the scholarly
>> >> literature this would be.
>> >> Does anybody know someone who could answer this question, ideally in
>> paper
>> >> form for our special issue? :-)
>> >>
>> >> Cheers,
>> >>
>> >> Bjoern
>> >>
>> >>
>> >>
>> >>
>> >> --
>> >> Björn Brembs
>> >> ---------------------------------------------
>> >> http://brembs.net
>> >> Neurogenetics
>> >> Universität Regensburg
>> >> Germany
>> >>
>> >> _______________________________________________
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>> >
>> >
>> >
>> >
>> > --
>> > Peter Murray-Rust
>> > Reader in Molecular Informatics
>> > Unilever Centre, Dep. Of Chemistry
>> > University of Cambridge
>> > CB2 1EW, UK
>> > +44-1223-763069
>> >
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>
>
> --
>  Tom Olijhoek
> Codex Consult
> www.codexconsult.eu
> coordinator @ccess open access working group  at OKF
> DOAJ  member of Advisory Board
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> TEL +(31)645540804
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>
> --
> Marcin Wojnarski, Founder and CEO, TunedIThttp://tunedit.orghttp://www.facebook.com/TunedIThttp://twitter.com/TunedIThttp://www.linkedin.com/in/marcinwojnarski
>
> TunedIT - Online Laboratory for Intelligent Algorithms
>
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-- 
Tom Olijhoek
Codex Consult
www.codexconsult.eu
coordinator @ccess open access working group  at OKF
DOAJ  member of Advisory Board
freelance advisor for the WorldBank Publishing Group
TEL +(31)645540804
SKYPE tom.olijhoek
Twitter   @ccess
LinkedIn  http://nl.linkedin.com/in/tomolijhoek/
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