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Wed Oct 7 22:37:18 EDT 2009


Professor Steven Hyman, Provost of Harvard, the first US University to =
mandate=A0Open Access, has submitted such a spot-on, point for point =
response=A0to President Obama's=A0Request for Information=A0on Public =
Access Policy that if his words are heeded, the beneficiaries will not =
only be US research progress and the US tax-paying public, by whom US =
research is funded and for whose benefit it is conducted, but research =
progress and its public benefits planet-wide, as US policy is globally =
reciprocated.
http://blogs.law.harvard.edu/pamphlet/2010/01/22/373/

Reproduced below are just a few of the highlights of Professor Hyman's =
response. Every one of the highlights has a special salience, and =
attests to the minute attention and keen insight into the subtle details =
of Open Access that went into the preparation of this invaluable set of =
recommendations.

[Hash-marks (#) indicate three extremely minor points on which the =
response could be ever so slightly clarified -- see end.]

"The public access policy should (1) be mandatory, not voluntary, (2) =
use the shortest practical embargo period, no longer than six months,
(3) apply to the final version of the author's peer-reviewed manuscript, =
as opposed to the published version, unless the publisher consents to =
provide public access to the published version, (4) [# require deposit =
of the manuscript in a suitable open repository=A0#] immediately upon =
acceptance for publication, where it would remain "dark" until the =
embargo period expired, and (5) avoid copyright problems by =
[##=A0requiring federal grantees, when publishing articles based on =
federally funded research, to retain the right to give the relevant =
agency a non-exclusive license to distribute a public-access copy of his =
or her peer-reviewed manuscript=A0##]...

"If publishers believe they cannot afford to allow copies of their =
articles to be released under a public-access policy, they need not =
publish federally funded researchers. To date, however, it appears that =
no publishers have made that decision in response to the NIH policy. =
Hence, federally funded authors remain free to submit their work to the =
journals of their choice. Moreover, public access gives authors a much =
larger audience and much greater impact...

"If the United States extends a public-access mandate across the federal =
government, then lay citizens with no interest in reading this =
literature for themselves will benefit indirectly because researchers =
will benefit directly.... That is the primary problem for which public =
access is the solution...

"It doesn't matter whether many lay readers, or few, are able to read =
peer-reviewed research literature or have reason to do so. But even if =
there are many, the primary beneficiaries of a public-access policy will =
be professional researchers, who constitute the intended audience for =
this literature and who depend on access to it for their own work....

"Among the metrics for measuring success, I can propose these: the =
compliance rate (how many articles that the policy intends to open up =
have actually been opened up); the number of downloads from the =
public-access repositories; and the number of citations to the =
public-access articles. As we use different metrics, we must accept that =
[###=A0we will never have an adequate control group: a set of articles =
on similar topics, of similar quality, for which there is no public =
access###]....

________________________________

Three suggestions for clarifying the minor points indicated by the =
hash-marks (#):

[#"require deposit of the manuscript in a suitable open repository" #]

(add: "preferably the fundee's own institutional repository")

[##"requiring federal grantees, when publishing articles based on =
federally funded research, to retain the right to give the relevant =
agency a non-exclusive license to distribute a public-access copy of his =
or her peer-reviewed manuscript" ##]

(add: "the rights retention and license are desirable and welcome, but =
not necessary if the publisher already endorses making the deposit =
publicly accessible immediately, or after the allowable embargo
period")

[### "we will never have an adequate control group [for measuring the =
mandate's success]: a set of articles on similar topics, of similar =
quality, for which there is no public access" ###]

(add: "but closed-access articles published in the same journal and year =
as mandatorily open-access articles do provide an approximate matched =
control baseline for comparison")


Stevan Harnad

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