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Thoughts on the new White House OSTP open access memo

Dr. Samuel A. Moore, Scholarly Communication Specialist, Cambridge University Libraries

In the USA last Thursday, the White House Office of Science and Technology Policy announced its decision to mandate public access to all federally funded research articles and data. From 2026, the permitted embargo period of one year for funded publications will be removed and all publications arising from federal funding will have to be immediately accessible through a repository. Although more details are to be announced, my colleague Niamh Tumelty, the OSC’s Head of Open Research Services, shared a helpful summary of the policy and some initial reaction here. I want to offer my own personal assessment of what the new policy might mean from the perspective of open access to research articles, something we are working hard to promote and support throughout the university.

To be sure, the new OSTP memo is big news: the US produces a huge amount of research that will now be made immediately available without payment to the world at large. Following in the footsteps of Plan S in Europe, the open access policy landscape is rapidly evolving away from embargo periods and towards immediate access to research across all disciplines. Publishing industry consultants Clarke & Esposito have even argued that this intervention will make the subscription journal all the more unviable, eventually leading to its demise.

Indeed, responses from the publishing industry have been mixed. The STM Association, for example, offer a muted one-paragraph response claiming tepid support for the memo, while organisations such as the AAP were more vocally against what they see as a lack of ‘formal, meaningful consultation or public input’ on the memo, despite the fact that many more details are still to be announced (presumably, following consultation). A similar sense of frustration was displayed by some of the authors of the industry-supported Scholarly Kitchen blog. It’s fair to say that the publishing industry itself – at least the part of it that makes money from journal subscriptions – has not welcomed the new memo with open arms.

Understandably, funders and advocacy organisations have welcomed the news. Johan Rooryck from Coalition S called the memo a ‘game changer for scholarly publishing’, while the Open Research Funders Group ‘applauds bold OSTP action’ in its response. Open access advocates SPARC described the memo as a ‘historic win’ for open access and a ‘giant step towards realizing our collective goal of ensuring that sharing knowledge is a human right – for everyone’. Certainly, for those arguing in favour of greater public access to research, the memo will indeed result in just this. But I still have my reservations.

My PhD thesis analysed and assessed the creation and implementation of open access policy in the UK. As Cambridge researchers no doubt know, the open access policy landscape is composed of a number of mandates, with varying degrees of complexity, and affects the vast majority of UK researchers in one way or another. This is for better and for worse: there is an increase in bureaucracy associated with open access policy (particularly through repositories), even though it results in greater access to research. However, when you remove this bureaucracy through more seamless approaches to OA like transformative agreements, there is a risk of consolidating the power of large commercial publishers who dominate this space and make obscene profits (a fear also shared by Jeff Pooley in his write-up of the policy). There is therefore a delicate balance to be struck between simply throwing money at market-based solutions and requiring researchers and librarians to take on more of the burden of compliance.

The problem with indiscriminate policy mandates for public access to research, such as the OSTP’s memo, is that they shore up the idea that publishing has to be provided by a private industry that is not especially accountable to research communities or the university more broadly. This is precisely because these policies are indiscriminate and therefore apply to everyone equally, which for academic publishing means benefitting those already in a good position to profit. Larger commercial publishers have worked out better than anyone else how to monetise open access through a range of different business models. As long as researchers need to continue publishing with the bigger publishers, which they do for career reasons, these publishers will always be in a better position to benefit from open access policies. It is hard to imagine how the individual funding bodies could implement the OSTP memo in a way that does foreground a more bibliodiverse publishing system at the expense of commercialism (not least because this goal does not appear to be the target of the memo).  

I do not mean to overplay the pessimism here: it is great that we are heading for a world of much more open access research. The point now is to couple this policy with funding and support to continue building the capacity of an ethical and accountable publishing ecosystem, all while trying to embed these ethical alternatives within the mainstream. This kind of culture change cannot be achieved by mandates like the OSTP is proposing, but it can be achieved by the harder work of raising awareness of alternatives and highlighting the downsides of current approaches to publishing. It is also important to reveal the ways in which research cultures shape how researchers decide to publish their work – often at the expense of experimentation and openness – and how they can be changed for the better.

So I am interested to see how the memo is implemented in practice, especially how it is funded and the conditions set on immediate access to research. I am also keen to see what role, if any, rights retention plays in the implementation and how US libraries decide to support the policy and the changing environment more broadly. Ultimately, however, the move to a more scholar-led and scholar-governed ecosystem will not occur on an open/closed binary, nor on a top-down/bottom-up one, and so we must find a range of ways to support new cultures of knowledge production and dissemination in the university and beyond.

Image taken from Public Domain Pictures

Rights Retention Pilot

This interview is reposted with agreement from the sOApbox blog. It is one of a series of blog posts outlining how different institutions are introducing rights retention policies to support their researchers in sharing their research as widely as possible.

14/04/2022
In 2008 Harvard’s Faculty of Arts & Sciences voted unanimously to adopt a ground-breaking open access policy. Since then, over 70 other institutions, including other Harvard faculties, Stanford and MIT, have adopted similar policies based on the Harvard model. In Europe such institutional policies have, so far, been slow to get off the ground.

We are beginning to see that situation change.

The University of Cambridge has recently established a pilot rights retention scheme on an opt-in basis, with a view to informing the next revision of the University’s Open Access policy. In the following interview, Niamh Tumelty, Head of Open Research Services at the University of Cambridge, describes the purpose of the pilot, how researchers can benefit from it and shares her tips for any other institution that might consider adopting a similar policy.

cOAlition S: Could you, please, describe the author copyright policy you have adopted at your university?

Niamh Tumelty: We are inviting researchers to participate in a Rights Retention Pilot, which will run for one year starting April 2022. Participating researchers will grant the University a non-exclusive licence to the accepted manuscripts of any articles submitted during the pilot, making it easier for us to support them in meeting their funder requirements by uploading their manuscripts to our institutional repository, Apollo, without needing to apply an embargo. The pilot has launched using a CC BY approach as required by most cOAlition S funders, and we are exploring providing an option for alternative licences for researchers who do not have that specific requirement.

The researcher will notify the journal by including the rights retention statement on submission. When the paper has been accepted, the researcher will upload the accepted manuscript as normal via Symplectic Elements, indicating during the upload process that they have retained their rights. The Open Access team will do their usual checks, advise the researcher on what will happen next and arrange for the article to be made available on Apollo.

We will closely monitor what happens during the pilot and all participating researchers will be able to comment on their experiences. We will review all feedback and use it to inform our next review of our institutional open access policy.

cOAlition S: Why did the idea of adopting an institutional rights retention policy emerge?

Niamh Tumelty: The introduction of the requirement for immediate open access to research supported by cOAlition S funders has proven challenging in practice, with some publishers offering no compliant publishing route and others charging unsustainable prices for immediate open access to the final published version. Unless researchers want to move exclusively to publishing in journals that are diamond, fully gold or included within read & publish agreements, they need a way to retain sufficient rights, so that they always have the option to post their accepted paper online to achieve open sharing of their scholarship. Some disciplines have been left with little or no choice about where they can publish their research while meeting their funder requirements and their own goals for open research.

“The rights retention strategy is a key tool to enable researchers to openly publish in whatever journal will reach the most appropriate audience.”

cOAlition S: How was consensus reached across the institution?

Niamh Tumelty: The fact that immediate OA is now a funder requirement for the majority of our researchers made the conversation relatively easy. We held a number of discussions at the Open Research Steering Committee to ensure that we had as full an understanding as possible, providing examples of issues that were arising in the first year of the Wellcome Trust rights retention requirement in the absence of an institutional policy.

We considered developing an institutional opt-out policy as others have done but concluded that the highly devolved nature of the University of Cambridge would have made it extremely difficult to conduct a thorough consultation and reach consensus by the deadline of 1 April 2022. We agreed that the most appropriate next step at Cambridge was to run a pilot on an opt-in basis. A working group was established to design this pilot and included researchers from across a range of disciplines along with open access and scholarly communication experts from Cambridge University Libraries. The working group met every two weeks from mid-January to the end of March to consider the issue from different disciplinary perspectives and to develop the approach for the pilot. We drew heavily on the policy that was introduced at the University of Edinburgh earlier this year, learning also from the UK Scholarly Communications Licence and Model Policy and recommendations that have been publicly shared by Harvard University. We brought the proposed pilot to the University’s Research Policy Committee for comment and took legal advice on the detail of how we would approach this before launching.

The beauty of a pilot approach is that no researcher has to participate – they have a choice about whether or not to opt in and will have the opportunity to influence whatever policy is ultimately introduced across the university. We can take this year to really understand the issues in detail and to build consensus about the best approach for Cambridge.

cOAlition S: What challenges had to be overcome before it was agreed to adopt the policy?

Niamh Tumelty: The biggest challenge in the lead up to the pilot has been understanding and developing confidence in the rights retention strategy. The expert legal advice we received following the announcement of the Wellcome Trust requirements and again as we designed the detail of our approach was critical in enabling us to develop the pilot. Now, our challenge is to clearly communicate and explain rights retention to our many researchers as a route they can choose when publishing and to grapple with any issues that arise during the pilot year before developing any full institutional policy.

cOAlition S: What are the advantages of adopting the policy for your researchers and your institution?

Niamh Tumelty: The rights retention strategy is a key tool to enable researchers to openly publish in whatever journal will reach the most appropriate audience. It may be that some publishers decide to reject any papers in which the author has retained their rights, but this seems an unsustainable position given the growing number of authors whose funders require immediate open access for all outputs.

The advantage of a pilot approach rather than a full institutional policy is that it provides space and time for deep engagement across our highly devolved university. It creates a framework for the researchers that wanted to have an early route to support them in retaining their rights and for the open access team that advises and supports them. It enables us to generate evidence from our own researchers, to build confidence and trust and to refine the approach ahead of shaping a full institutional policy.

Researchers are in a stronger position than they realise – if publishers want to continue getting this free content from our researchers, they will need to develop publishing routes that meet the needs of their academic communities.”

cOAlition S: As a conclusion, what are your three top tips for any other university considering adopting a similar permissions-based Open Access policy to yours?

Niamh Tumelty: 1) Include a range of disciplinary perspectives from the earliest stages of planning. This early consideration will make it easier to tailor the messaging to different parts of the university, taking into account the different drivers and concerns that come into play. Make sure that the humanities perspective is included – too often in open research initiatives the humanities appear to be an afterthought, if considered at all.

2) Anticipate the questions that will be asked and make sure that you have clear and honest answers to those questions. Be honest and open about the fact that we are learning through the process (while building on the experiences of those who have gone before) and that there will be challenges. This enhances credibility and manages expectations as the policy beds in.

3) Have confidence in this approach! This is not new – researchers have been retaining their rights in this way for over a decade and it is becoming increasingly common practice across a range of institutions. Researchers are in a stronger position than they realise – if publishers want to continue getting this free content from our researchers, they will need to develop publishing routes that meet the needs of their academic communities.

Open Research in the Humanities and Social Sciences: Two Working Groups 

This piece by Dr. Meg Westbury (Librarian, Haddon Library) and Dr. Matthias Ammon (Research Support Librarian, Germanic Languages & Film) introduces the work of the open research workings groups in the humanities and qualitative social sciences.

During 2021, two working groups of the Open Research Steering Committee formed to explore disciplinary perspectives on open research. One working group focuses on concerns and interests in open research from the perspective of researchers in the School of Arts and Humanities, and the other focuses on perspectives of researchers engaged in qualitative inquiry mainly from the School of the Humanities and Social Sciences. In this newsletter article, we describe the goals, activities and outputs of each working group. 

Open Research in the Humanities 

The working group on open research in the humanities formed in summer 2021 and is chaired by Dr Emma Gilby, with support from Dr Matthias Ammon. Four meetings were held in which the group discussed ways to make some of the underlying principles of open research – which have often been based on scholarly communication in STEMM subjects (as for example defined by the League of European Research Universities as the ‘8 Pillars of Open Science’) – more applicable to humanities research. This included meeting with academic publishers to discuss the future of scholarly communication in an Open Access landscape. The group is currently working on a report summarising the result of its discussions. 

Open Qualitative Research 

The working group on open qualitative research was formed in autumn 2021 and will have its first meeting in January 2022. The group is chaired by Dr Meg Westbury and has representatives from Criminology, Education, Geography, Social Anthropology, Sociology and the OSC. Over the next few months, the working group will consider how tenets of open research – such as open access, open data and research integrity – can be understood in terms of the ethics and priorities of qualitative researchers who seek to interpret and represent the complex lived experiences of social groups. By the end of the summer, the working group hopes to produce a report with recommendations for how open research might become more embedded in the research culture of qualitative researchers at Cambridge. 

In sum, we are optimistic that both working groups will be able to formulate recommendations for how open research might be understood, operationalised and/or reimagined for scholars across a wide-range of epistemologies and methodological approaches at the university