Distribution of rights or the fall and resurrection of scholarly communication Sijbolt Noorda SURF / Universiteit van Amsterdam

Distribution of rights (1) SURF: national ICT platform of all Dutch universities, colleges and research institutes to support and facilitate research and higher education (user oriented initiatives) since 1985 successful in infrastructure, later on also in research facilities, educational development and scholarly communication

Distribution of rights (2) the cycle of continuing scholarly communication for the public good

Distribution of rights (3) researchers want to publish their findings peers (= colleagues) review their proposals if acceptable, journals (= publishers) publish their articles if interested, readers (= colleagues or users) use them in their research or for other professional purposes

Distribution of rights (4) the business model of scholarly publishing is traditionally almost entirely a business-to- business affair –universities pay authors’ salaries –publishers accept reviewed articles without charge and charge universities and other institutions & firms for journals –individual authors as a rule don’t get paid by publishers and don’t pay for subscription

Distribution of rights (5) the legal model of scholarly publishing is almost entirely about distribution of rights –between authors and publishers –between authors and their employers to publishers employers ( = universities and other research institutes) are no more than subscribers

Distribution of rights (6) classic opposition: droit d’auteur vs copyright author & moral rights vs publisher work of the mind vs work done for hire various traditions as to employee status of authors: employer takes it all or, individual rights of creators prevail these traditional legal principles are, however, gradually losing their edges

Distribution of rights (7) because of the corporate ambitions of leading publishing firms and since ICT developments enable new types of access and suggest new business models, traditional rights distribution and classic business models are being challenged

Distribution of rights (8) therefore, in the interest of wide access and fair costing the classic opposition shouldn’t detain us and the different legal positions on employees’ copyright shouldn’t either; universities and their authors should make fair arrangements in employment contracts! likewise publishers and authors, allowing for fair arrangements as to scholarly access

Distribution of rights (9) Welcome to the 'Copyright Management for Scholarship' website. The website 'Copyright Management for Scholarship' deals with copyright ownership in higher education, university policy on copyright and arrangements between universities, authors and publishers. The intention is to offer guidelines and policies, agreements and models, and the underlying principles.guidelines and policiesagreements and modelsprinciples In June 2001 an international Working Conference on Universities and Copyright was held in Zwolle, The Netherlands. The participants represented the whole range of stakeholders in this field: universities, libraries, authors/faculty, publishers and governmental bodies. The conference discussed balanced approaches to the management of rights in order to achieve maximum access to information. A Steering Committee, appointed at the 1st Zwolle conference, has since worked on detailed proposals.Working Conference ZwolleSteering Committee  the Zwolle initiative tries to mobilize and combine countervailing powers

Distribution of rights (10) the model of scholarly publishing should be about academic ideals and public domain ambitions without unrealistically overstating our case –most academic authors only care about being published at the right time and by the right medium –undoing the outsourcing of scholarly publishing (by relying upon academic presses and scholarly societies) requires more than declarations of ideals –transferring cost from subscribers to producers implies a true redistribution (it’s no win-win)

Distribution of rights (11) the Zwolle initiative is trying to bring about a new balance between the interests at stake –the allocation of specific rights to the various stakeholders (in stead of collecting them all) –respect the interests of all stakeholders and strive at high quality maximizing current and future access on an international basis (at a fair price!?) we realized stakeholders had a lot in common (challenges, duties & riches) which only can be developed and protected on an international and cooperative basis