From: "Mackinder, Lisa" <[log in to unmask]>
Date: Thu, 7 May 2015 13:39:05 +0000

What do you all make of a publisher who rejects the Authors’ Own Works
clause because “each author has their own agreement that covers this”?  The
clause itself says, “Notwithstanding any terms or conditions to the
contrary in any author agreement…” so we’re already acknowledging that
there may be contradictions in author agreements between the publisher and
the author, but if I’m understanding this clause correctly, the intent is
to hold the publisher accountable to a higher standard in their dealings
with their authors who are also authorized users of our license agreement
(i.e., authors affiliated with the institution).

To fall back on the “this is already covered in an author’s agreement”
argument feels possibly deceptive.  I don’t know that their agreements with
their authors comply with what we’re asking, and by flatly refusing to
agree to the clause, it seems that their agreements probably greatly limit
or prohibit an author’s ability to use his/her own work.  Going on a
logical assumption alone.

Here’s the clause I’m referencing, from the liblicense model agreement;

*Authors’ Own Works*. Notwithstanding any terms or conditions to the
contrary in any author agreement between authors and [publisher], authors
who are Authorized Users of Licensee (“Authors”), whose work (“Work”) is
accepted for publication by [publisher] during the Term, shall retain the
non-exclusive, irrevocable, worldwide, royalty-free right to use their Work
for scholarly and educational purposes, including self-archiving or
depositing the Work in institutional, subject-based, national, or other
open repositories or archives (including the author’s own web pages or
departmental servers), and to comply with all grant or institutional
requirements associated with the Work. For the avoidance of doubt, it is
the intent of the parties to this License Agreement that Licensee’s Authors
are third party beneficiaries of this provision of the Agreement. Nothing
in this section shall eliminate or limit any other rights that Licensee or
any Author may have to deposit, host, or make available the Work published
by [publisher].

Scholarly and educational purposes encompass teaching, research, and
institutional needs, including but not limited to the right to (a) use,
reproduce, distribute, perform, and display the Work in connection with
teaching, conference presentations, and lectures; (b) make full use of the
Work in future research and publications; (c) republish, update or revise
the Work in whole or in part for later publication; (d) meet requirements
and conditions of research grants or publishing subventions provided by
government agencies or non-profit foundations, and; (e) grant to the
Author’s employing institution some or all of the foregoing rights, as well
as permission to use the Work in connection with administrative activities
such as accreditation, mandated reports to state or federal governments,
and similar purposes. In all cases, the Author and/or the Author’s
employing institution will be expected to provide proper citation to the
published version of the Work.


Thoughts?

Thanks for any input!

Lisa

Lisa Mackinder | Head of Acquisitions and Collections Services
Alden Library | Ohio University
740-593-2707 | [log in to unmask]