"Open Access" at libertas academica

As I have mentioned a group of Blue Obelisk volunteers are surveying the practice of “open access” in chemistry. We’ve created a wiki and will be exposing the work as we do it – url follows when we have tidied it. We are partitioning the work into chunks for each author and I volunteered to be the first – I got Analytical Chemistry Insights published by libertas academica.
It is clear that determining what “OA compliance” means is more difficult than we originally thought. In many cases it is determined by the publisher, sometimes the journal and sometimes individual article. libertas academica (la) describes itself as “A leading publisher of Open Access journals” .
[Note: I have been disappointed with the support for “open access” in closed-access publishers and been critical of their presentation, language, logic, consistency and much more. I shall try to apply equal rigour to “open access” publishers – i.e. not pull any punches.]
I have never encountered la and have no preconceptions as to whether they espouse OA as fully as I would like. So here I take you through a (typical?) journey through their pages.
The terminology may or may not be important. They do not describe themselves as an Open Access publisher, but a publisher of Open Access journals. The difference matters – a publisher may publish both Open and Closed Access journals. And a Closed Access journal may yet contain Open Access articles (c.f. Springer Open Choice, see recent posts). The reader may find it difficult to work out what is going on. Sometimes they have to refer back from an article to the issue masthead, sometimes to the journal masthead and sometimes to the publisher.
So this is my analysis. The journal home page looks like:
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Search

 
 

Latest articles

Polymeric Nanoparticles, Nanospheres and Nanocapsules, for Cutaneous Application

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So I go to About us and find:
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Who we are
Libertas Academica is a family-run business based in the city of Auckland, New Zealand. It was established in late 2004. The name of the company, roughly translated, means “freedom to scholars”.
What we do
We are primarily publishers of open access journals in the scientific, technical, and medical areas. Further information on what we do is available here.
Copyright © 2006 Libertas Academica Ltd. All rights reserved
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Under Services we navigate to a page on open access and you need to read this carefully (with my comments):
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Open Access Journals

Open access journals and us

Libertas Academica is primarily a publisher of open access (“OA”) journals. OA journals are freely available to readers through the world-wide web without copyright or licensing restrictions or fees.

PMR: Note the term “OA journal”. This term is widely used but is not required by the BBB declarations. In general use it means a journal in which all the articles are necessarily (e.g. BOAJ uses:

LA: Open Access Journal:
We define open access journals as journals that use a funding model that does not charge readers or their institutions for access. From the BOAI definition [1] of “open access” we take the right of users to “read, download, copy, distribute, print, search, or link to the full texts of these articles” as mandatory for a journal to be included in the directory.
[1] http://www.earlham.edu/~peters/fos/boaifaq.htm#openaccess

LA: What is OA?

OA removes the price and permission barriers from free access to scientific research:

  • No subscriptions, licencing or pay-per-view fees;
  • No copyright restrictions.

Other OA publishers may apply slightly different terms. The Budapest Open Access Initiative explains this:

There are many degrees and kinds of wider and easier access to this literature. By ‘open access’ to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.

The Bethesda and Berlin statements also comment on this point. For a work to be OA the copyright holder must consent to let readers:

copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship…

Collectively these three constitute the core definition of OA. However, OA journals are also required to provide immediate full-text access to published work rather than just abstracts or article metadata.

PMR: So far, so good.

[…]

The primary difference between OA publishing and non-OA publishing is that the costs associated with publishing the journal are paid by the authors rather than the readers and hence do not act as barriers to access.

PMR: I disagree. There are several hybrid “OA” offerings where costs are paid by the authors but which fail to remove permission barriers. This will be a concern later on.

LA: OA publishing and copyright

There are two key aspects to how copyright relates to OA publishing.

The copyright holders (the authors) consent to unrestricted reading, downloading, copyrighting, sharing, storing, printing, searching and linking to the full text of the work. LA’s licence prevents misattribution and selective reuse to prevent plagiarism, misrepresentation and questionable scholarship.

Where an author has re-used content not in the public domain in an OA work, the consent of the copyright holder must be given.

Therefore, we can say that OA publishing is not comparable to peer-to-peer file sharing for science, and OA publishing is always voluntary.

In its conventional form OA publishing is also royalty-free. Authors effectively give their work to the world without expectation of payment. We believe that in the future it may be possible to publish text books in a manner resembling OA but with royalty payments made to the authors.

[…]
Beneficiaries of OA publishing
[…]

Readers gain barrier-free access to research material without library-imposed restrictions. OA published material is accessible from anywhere that a connection to the Internet is available via high-availability research tools such as Google and Entrez Pubmed, and this material is also freely applied to current and future indexing, mining, summarising, translating, querying, linking, recommending, alerting and aggregation tools, and other forms of data processing and analysis.

Teachers and their students gain free and equal access to content and negates the need for permissions to reproduce. Sharing material is simplified and free.

[…]

All citizens gain by having access to peer-reviewed research which is generally not offered by public libraries. Access to such material provides citizens with a counter-point to questionable statements made in less credible sources. It also gives them access to research funded by their taxes. Under conventional publishing, publishers are effectively given exclusive rights to profit from research paid for by tax payers.

 

The only restriction placed on the use of our articles is that they may not be exploited for commercial purposes. Please see the copyright page for further information on this.

PMR: The “copyright page” has no link, In other cases in the la pages where there is a link it gives 404 Not Found. But I managed to find:

Information for Authors

Statement of copyright
This applies to all articles published by Libertas Academica unless expressly stated otherwise.
Anyone is free:

  • To copy, distribute, and display the work;
  • To make derivative works;
  • To make non-commercial use of the work;

Under the following conditions:

  • The original author must be given credit;
  • For any reuse or distribution, it must be made clear to others what the license terms of this work are;
  • Any of these conditions can be waived if the authors give permission.

Statutory fair use and other rights are in no way affected by the above.
This is revision 1.0 of the statement of copyright, published on 22 December 2004.
Statement of rights of the publisher
Without prejudice to the rights set out in the statement of copyright, the publisher reserves the right to:

  • Produce printed versions of journals for subscribers without restricting open access to those journals.
  • Generally make commercial use of journals without restricting open access to those journals.

This is revision 1.0 of the statement of rights of the publisher, published on 14 December 2004.

PMR: This appears to be a statement of a licence. “Licence” is used elsewhere without explicit dereferencing. Note that the publisher reserves the exclusive right to use the work for commercial purposes. The “non-commercial” use is common in “open access” licenses. Commercial use is not explicitly (or IMO implicitly) restricted by the BBB declarations. Therefore I hold this licence to be incompatible with BBB.

 

Now let’s look at the practice: an article in Analytical Chemistry Insights.

  • The TOC says nothing about Open Access (although the masthead has “a leading publisher of OA journals”). It carries the rubric:Copyright © 2006 Libertas Academica Ltd. All rights reserved
  • The abstract (of the first article) says nothing about Open Access (although it carries the LA description). It carries the footer:Copyright © 2006 Libertas Academica Ltd. All rights reserved
  • The article says nothing about Open Access and does not have a masthead. It carries the rubric: Correspondence: Cheng Bai, Ph. D., Tel: (478) 329-0770; Fax: (478) 956-2929; Email: cbai2001@yahoo.com
    Please note that this article may not be used for commercial purposes. For further information please refer to the copyright statement at http://www.la-press.com/copyright.htm [PMR: this link does not resolves but I take it to be the Instruction to Authors above].

So the publisher holds the copyright to the abstract and there is no explicit copyright on the paper. If the link resolved I doubt it would clarify the position for an average reader.
In summary. This is confused. The publisher does not regard permission barriers as an essential part of OA, although they don’t copyright the article (only the abstract). They clearly understand the BBB declarations but choose to interpret them differently from me (and I suspect most OA experts).
Recommendations to publisher

  • Make sure that copyright holders are clearly identified
  • Do not assert copyright on the abstract
  • Create a clear licence for use and re-use. This license should indicate that the document and meta-documents are Open Access.
  • Attach the license or its address to every document (TOC, abstract, article, supplemental data)
  • Choose a CC license unless there are clear reasons not to.
  • Choose CC-BY. Be brave.
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3 Responses to "Open Access" at libertas academica

  1. Bill says:

    Interesting. LA is actively soliciting manuscripts — via my boss, I have received no fewer than three invitations to submit an article or review to one of their journals in the last couple of months.
    I doubt that I will do so, unless they improve their OA stance. Why would I, with so many fully-OA journals to choose from?

  2. pm286 says:

    (1) Thanks – I know NOTHING about LA – never heard of them before today. I make no comment on them, other than what I have already shown.
    But it’s worth noting that (a) anyone can set up a journal (b) OA may become the new “organic” (food, not chemistry) and (c) journals are not unprofitable – I gather you need only 100 members before you can sell it on.

  3. Pingback: Unilever Centre for Molecular Informatics, Cambridge - petermr’s blog » Blog Archive » THANK YOU LIBERTAS ACADEMICA

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