{"id":638,"date":"2010-12-20T11:29:40","date_gmt":"2010-12-20T16:29:40","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/pamphlet\/?p=638"},"modified":"2013-03-17T16:21:44","modified_gmt":"2013-03-17T20:21:44","slug":"chicago-manual-of-style-on-open-access","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2010\/12\/20\/chicago-manual-of-style-on-open-access\/","title":{"rendered":"Chicago Manual of Style on Open Access"},"content":{"rendered":"\n\n\n\n
\"University<\/a><\/td>\n<\/tr>\n
University of Chicago Library, from Carlos Jimenez via flickr, used by permission<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Who knew? \u00a0The Chicago Manual of Style<\/a>‘s current edition (the 16th) includes for the first time a stance on open-access (Section 4.62), and on Harvard-style OA policies in particular (Section 4.63).<\/p>\n

Written by copyright lawyer William S. Strong<\/a> of Kotin, Crabtree & Strong, LLP<\/a>, the chapter comes down hard on academics’ attempts to use their own writings.<\/p>\n

Section 4.62 on “Authors\u2019 electronic use of their own works” claims that open access to articles in institutional repositories is “likely to diminish licensing revenues” (despite all evidence to the contrary<\/a>). It concludes that “The fact that licensing revenue helps support the publication of important scholarly work seems to have escaped general notice.” As if.<\/p>\n

Section 4.63 on “University licenses” seems to be\u00a0particularly\u00a0aimed at Harvard-style open-access policies, “under which they presumptively receive nonexclusive licenses of journal articles written by their faculty, with the right to post those articles on the Internet and to make and license ‘noncommercial’ uses. (Commonly, faculty are permitted but not encouraged to opt out of this arrangement on a case-by-case basis.)” He lists as faults the claim that addenda “do[] not make clear what the author can, and cannot, do with derivative works that he or she creates” (because there is no limitation); that they “do[] not make clear whether what the author can distribute, display, and otherwise use is the author\u2019s own manuscript or the finished, published work” (even though the Harvard addendum<\/a> [paragraph 4a] is explicit about not distributing publishers’ versions); and that they “do[] not prevent the author from licensing the article to a competing journal” (except that journals won’t publish already published articles anyway). He frets about the vagueness of the term “noncommercial”, though the Harvard policies are explicit in stating that articles “are not sold for a profit” and agreements with publishers<\/a> have further clarified the university’s intention not to sell the articles at all.<\/p>\n

The Manual makes a recommendation to publishers to generate their own addenda “to use when presented with author requests for nonexclusive rights.” But why make the addendum conditions available only upon request? If the addendum-specified activities are allowable, why not just allow them in the publisher’s agreement from the get-go? In particular, how about a recommendation that publisher agreements allow authors of scholarly articles to post their final manuscript versions at their discretion, that is, allowing green OA?<\/p>\n

Section 4.64 on “The NIH Public Access Policy<\/a>” recommends that publishers “push for the maximum delay (i.e., twelve months) on public posting” if concerned about maximizing their revenues.<\/p>\n

The most surprising thing about the new Manual sections is that a style manual is taking a stance on these intellectual property issues in the first place<\/em>. The issues are obviously considerably more nuanced than Mr. Strong’s RIAA-like<\/a> stance makes clear. Given that stance, you’d hardly know that the book is owned by a university (The University of Chicago<\/a>, as stated in three copyright notices on each page) filled with faculty and students whose interests are not best served by this kind of short-term profit-maximizing attitude. Perhaps the editors might solicit a broader range of informed advice ahead of their next edition.<\/p>\n

\"\"[Hat tip to Tom Dodson<\/a> for bringing these sections to my attention.]<\/div>\n","protected":false},"excerpt":{"rendered":"

University of Chicago Library, from Carlos Jimenez via flickr, used by permission Who knew? \u00a0The Chicago Manual of Style‘s current edition (the 16th) includes for the first time a stance on open-access (Section 4.62), and on Harvard-style OA policies in particular (Section 4.63). Written by copyright lawyer William S. Strong of Kotin, Crabtree & Strong, […]<\/p>\n","protected":false},"author":2110,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[618,68],"tags":[],"class_list":["post-638","post","type-post","status-publish","format-standard","hentry","category-open-access","category-scholarly-communication"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p5pLfN-ai","jetpack-related-posts":[{"id":1515,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2012\/09\/17\/is-the-harvard-open-access-policy-legally-sound\/","url_meta":{"origin":638,"position":0},"title":"Is the Harvard open-access policy legally sound?","author":"Stuart Shieber","date":"Monday, September 17, 2012","format":false,"excerpt":"...evidenced by a written instrument... \"To Sign a Contract 3\" image by shho. Used by permission. The idea behind rights-retention open-access policies is, as this year\u2019s OA Week slogan goes, to \u201cset the default to open access\u201d. Traditionally, authors retained rights to their scholarly articles only if they expressly negotiated\u2026","rel":"","context":"In "open access"","block_context":{"text":"open access","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/scholarly-communication\/open-access\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2202,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2014\/09\/29\/inaccessible-writing-in-both-senses-of-the-term\/","url_meta":{"origin":638,"position":1},"title":"Inaccessible writing, in both senses of the term","author":"Stuart Shieber","date":"Monday, September 29, 2014","format":false,"excerpt":"My colleague Steven Pinker has a nice piece up at the Chronicle of Higher Education on \u201cWhy Academics Stink at Writing\u201d, accompanying the recent release of his new book The Sense of Style: The Thinking Person\u2019s Guide to Writing in the 21st Century, which I\u2019m awaiting my pre-ordered copy of.\u2026","rel":"","context":"In "language"","block_context":{"text":"language","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/linguistics\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":471,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2010\/06\/09\/a-proposal-to-simplify-the-university-of-north-texas-open-access-policy\/","url_meta":{"origin":638,"position":2},"title":"A proposal to simplify the University of North Texas open-access policy","author":"Stuart Shieber","date":"Wednesday, June 9, 2010","format":false,"excerpt":"\"In High Places\", statue by Gerald Balciar, University of North Texas - Denton campus, installed 1990. Image via Wikipedia. The University of North Texas is engaged in a laudable process of designing an open-access policy for their community. Draft language for their policy is now available at their site on\u2026","rel":"","context":"In "open access"","block_context":{"text":"open access","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/scholarly-communication\/open-access\/"},"img":{"alt_text":"","src":"http:\/\/upload.wikimedia.org\/wikipedia\/en\/thumb\/c\/c4\/UNT_Eagle_statue.jpg\/300px-UNT_Eagle_statue.jpg","width":350,"height":200},"classes":[]},{"id":41,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2009\/05\/29\/what-percentage-of-open-access-journals-charge-publication-fees\/","url_meta":{"origin":638,"position":3},"title":"What percentage of open-access journals charge publication fees?","author":"Stuart Shieber","date":"Friday, May 29, 2009","format":false,"excerpt":"In the popular conception, open-access journals generate revenue by charging publication fees. The popular conception turns out to be false. Various studies have explored the extent to which OA journals charge publication fees. The results have been counterintuitive to many, indicating that far fewer OA journals charge publication fees than\u2026","rel":"","context":"In "open access"","block_context":{"text":"open access","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/scholarly-communication\/open-access\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1789,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2013\/07\/10\/ecumenical-open-access-and-the-finch-report-principles\/","url_meta":{"origin":638,"position":4},"title":"Ecumenical open access and the Finch Report principles","author":"Stuart Shieber","date":"Wednesday, July 10, 2013","format":false,"excerpt":"...myopic... \"myopic\" image by flickr user haglundc used by permission. I was invited by the British Academy for the Humanities and Social Sciences to write a piece on last year's report \"Accessibility, sustainability, excellence: How to expand access to research publications\" by the\u00a0Working Group on Expanding Access to Published Research\u2026","rel":"","context":"In "open access"","block_context":{"text":"open access","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/scholarly-communication\/open-access\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":373,"url":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/2010\/01\/22\/373\/","url_meta":{"origin":638,"position":5},"title":"Harvard response to White House RFI on public access policies","author":"Stuart Shieber","date":"Friday, January 22, 2010","format":false,"excerpt":"Harvard's provost Steven Hyman has submitted a response on behalf of the university to the White House Office for Science and Technology Policy's RFI on public access policies. It should appear on the OSTP blog within a day or so, and is duplicated here as well. I am in strong\u2026","rel":"","context":"In "open access"","block_context":{"text":"open access","link":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/category\/scholarly-communication\/open-access\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/posts\/638","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/users\/2110"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/comments?post=638"}],"version-history":[{"count":17,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/posts\/638\/revisions"}],"predecessor-version":[{"id":662,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/posts\/638\/revisions\/662"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/media?parent=638"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/categories?post=638"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/pamphlet\/wp-json\/wp\/v2\/tags?post=638"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}