Open access to research results: some comments from the institutional perspective Marjut Salokannel Julkaisijan iltapäivä 22nd November 2007

marjut salokannel, julkaisijan iltapäivä Institutional support for open access publication 1) Legal framework 2) Institutional policies

marjut salokannel, julkaisijan iltapäivä Legal framework a) transfer of publishing rights - usually transfer of exclusive rights to publish the work b) assignment of publication rights - non-exclusive one-time publication right; if no agreement exists, we can presume that only one- time publication right has been assigned -author can always retain part of the rights contractually

marjut salokannel, julkaisijan iltapäivä Rights clearance for institutional repositories 1) pre-existing works - problems with regard to clearing of rights for older copyrighted material; in particular with regard to so called orphan works - may require legal back-up 2) Clearing of rights for new works - with the author

marjut salokannel, julkaisijan iltapäivä Further legal back-up a clear legal exception to exclusive rights in favor of research and educational uses; current situation unsatisfactory exemption should also cover the use of archived material for research and education Compare with fair use in the US

marjut salokannel, julkaisijan iltapäivä Institutional policies Universities should have a mandate with regard to obligating their research personnel to archive and publish their research results in an open access format University guidelines for authors to retain rights enabling archiving and open access publication; possibility for legal advice in individual cases

marjut salokannel, julkaisijan iltapäivä Insitutional mandate should cover both research data and publications Currently being considered at the University of Helsinki

marjut salokannel, julkaisijan iltapäivä Funder mandate for open access Research funding bodies should include in their terms of funding a mandate for open access publication of research results and making the underlying research data available in an open access database Compare e.g. with Wellcome Trust and NIH

marjut salokannel, julkaisijan iltapäivä TO SUM UP Experience has shown that recommendations are not enough; an institutional mandate with legislative back-up is needed in order to change the current practices