About Molly

Librarian. Copyright specialist. Serial snacker. Unofficial Creative Commons evangelist.

Creative Commons Annual Campaign and CC Learn Productions

Here’s a post-Thanksgiving CC two-fer to kick off the holiday season…

1) Every year, Creative Commons holds a big fundraising campaign, and they ask a few members of the CC community to write letters explaining what makes CC so important and why they support it. This year I wrote one of those letters focusing on CC Learn and the tremendous value of open educational resources. This feels a bit like self promotion, but it’s me promoting myself promoting CC, so I’m going to go ahead and do it anyway: Check it out, grow the Commons.

2) I just found out that several months ago CC Learn launched a series of reports, guides and documentation to help support people who are running and building open education initiatives. They’re short and clear and useful; I’m particularly fond of Why CC BY? (pdf). Now the folks at CC Learn are developing a series of advanced topics that go into more detail on particularly complicated subjects. The first one is on trademark, a topic almost as confusing as copyright for most humans, and in particular on the ways that CC and trademark are not necessarily incompatible. It clarified some things for me and I recommend checking it out if you have any concerns at all about branding and the use of CC licenses.

La la, CC is awesome, happy December!

Defining Noncommercial Use Study published by CC

A year in the making, Creative Commons just released the results of their investigation into how users and producers of content define noncommercial use. Defining “Noncommercial”: A Study of How the Online Population Understands “Noncommercial Use” details the results of research gathered through online surveys of content creators and users in the U.S., open access polls of global “Creative Commons Friends and Family,” interviews with thought leaders, and focus groups with participants from around the world who create and use a wide variety of online content and media.

The report is long and detailed, with a lot of interesting information about how creators and users approach the question of what is and isn’t noncommercial. While the research did identify a spectrum of opinion about NC that suggests that not everyone is on the same page, in general the results seemed to be that the existing definition of NC is pretty good, and the range of understanding may not be a bad thing. From CC’s blog post announcing the report.

Overall, our NC licenses appear to be working rather well — they are our most popular licenses and we are not aware of a large number of disputes between licensors and licensees over the meaning of the term. The study hints at some of the potential reasons for this state of affairs, including that users are in some cases more conservative in their interpretation of what is noncommercial than are creators and that in some cases creators who earn more money from their work (i.e., have more reason to dispute questionable uses) are more liberal in their interpretation of what is noncommercial than are those who earn less.

As an advocate of the use of NC licenses by scholars and others, I’m glad to know that they’re not as broken as we feared they might be. There are lots more findings in the report that may interest you; it’s worth perusing the executive summary at the very least.

Personal update: New job, same library

I’ve been terribly slow in updating here recently (Blogs are dead! Long live Twitter!), but I wanted to announce that I started a new job at the University of Michigan Library in May, and am no longer the Library’s copyright specialist. My new title is Special Assistant to the Dean of Libraries. It’s a fancy title, eh? I’m still figuring it out what it means, but so far it includes a whole range of things: I work directly with Dean Paul Courant on assorted projects, especially research and writing relating to scholarly publishing; I attend administrative meetings; I serve as a liaison between the Library’s administration and the rest of the Library; I manage the annual budget writing process; I write first drafts of all kinds of documents; I attend more meetings. The easiest way I can explain it is that this job is like being an administrator-in-training. I get to observe library administrators in action, I take on responsibility for assorted projects related to administration, and over time I’ll learn how to do what administrators do. I feel very lucky to be doing this job at this library, and it’s been pretty exciting so far.

So what does this mean for this blog? I hope to get back to it and post a bit more regularly. I still plan to focus on copyright and scholarly publishing because those topics remain important and interesting to me, but I may also write about other issues in academic libraries as my new role develops and I start branching out into other areas. Outside of the U-M Library my work in the area of scholarly communications continues: I’m still a member of ALA’s Copyright Advisory Network, and this summer I’m also an instructor for ACRL’s Scholarly Communications 101 Roadshow. Occasionally people who find me through this blog send me questions or invite me to speak about Creative Commons or copyright instruction, and I still welcome those questions and invitations and will do my best to answer them promptly and accept as often as I can.

Thank you to everyone who has been reading this over the last year and a half for your insightful comments and questions. I hope this new era in my professional life provides fodder for more interesting discussions here and elsewhere.

Lessons from Open Access Week

As most of you already know, last week was Open Access Week at the University of Michigan Library. It was a great series of events, and I’m very happy with how it all came together. Audio recordings of some of the events will be available soon for those who are interested, and I’ll post links when they are. Private Drive by Ron Layters
Private Drive by Ron Layters, CC-BY-NC-SA

Now that I’ve had a little time to catch my breath and look back, I’m realizing that OA Week gave me a much-needed opportunity to refine and reflect on my thinking about open access. Over the course of the week, I learned a few valuable lessons, and even changed my mind about a couple of things. Before I forget it all, I wanted to share them here.

Lesson #1: A formal definition of open access should include re-use rights The Budapest, Bethesda, and Berlin definitions of open access all require not just free online access to the work for all users with an internet connection, but also a license that permits copying and redistribution of the work. Prior to Open Access Week, I believed that a definition of open access that required usage rights was sacrificing the good for the sake of the perfect, and that therefore all three of these founding documents were deeply flawed. In an environment where scholarly authors must often haggle mightily just to keep the right to deposit their articles in an institutional repository, such a requirement was asking too much. We shouldn’t disparage those who do the valuable and important work of promoting subject and institutional repositories just because in an ideal world we’d have something even better.

Discussions at the Open Access and the Academy panel have convinced me that the difference between a work that is freely available and a work that is freely reusable is tremendous, and that true openness does require the possibility of future adaptation and use. We can draw a distinction between free access and Open Access without demeaning those who have only been able to achieve free access. In very many situations, free access is enough.

There is also a broader Open with a capital O movement – Open Source, Open Education, Open Content – and those opens all require Open Licenses. As a child of the branded generation, I think it makes sense for all those Open movements to have a recognizable theme, and since Open Source, Open Education, and Open Content all call for Open Licenses, so should Open Access. (The question of which licenses constitute Open Licenses is another matter, one on which I tend to disagree with the majority.)

Lesson #2: Undergraduates have an important role to play in advocating for Open Access This is the second thing about which my mind has been changed. In the past, I have argued that Open Access outreach programs targeting students are misguided, because undergrads have nothing to do with any part of the publishing process. Most of them don’t write articles for academic journals, and they don’t publish academic journals. The points in the system where change could happen involved the author and the journal, and those were the two audiences to which we should be directing our message.

While nobody spoke directly about undergraduate engagement during OA Week, the week made me think about it because it reminded me that it’s damned hard to get faculty into a room they’re not contractually obligated to be in. Despite a determined marketing push, faculty did not turn out to our events in large numbers. The same is true in my day to day work. Most of the time, I only hear from faculty seeking copyright advice after they have a problem. Until they have a problem, author rights and open access are simply not on their radar. I can send postcards and emails and speak at department meetings until I’m blue in the face, but it’s going to take an outside force to convince busy academics that this is something they should be paying attention to. As evidenced by the faculties at Harvard, MIT, and elsewhere, the winds are starting to shift, but progress is still very slow.

So now imagine what a little undergraduate activism can do. The high cost of purchasing scholarly journals contributes to the rising cost of education, and the rising cost of education is a hot topic in these dire economic times. If we can get students riled up about open access – and that’s still a big if – they might have more luck influencing the behavior of their professors than librarians have. While before I thought that targeting students for open access outreach was a waste of time, now I believe it’s worth a shot. Some infrastructure for it already exists, and in the coming months I plan to look into how I can promote student participation here at Michigan.

Lesson #3: Never lose sight of the Great Conversation Jean-Claude Guédon, one of the panelists on Tuesday, spoke of the importance of open access in facilitating what he called “The Great Conversation.” The Great Conversation is the purpose of all scholarship. It signifies engagement with knowledge, ideas, and a worldwide community of scholars. To frame the issue this way, open access is not about money or fairness or social justice, it’s about something more romantic. Perhaps the way to win over the hearts and minds of faculty is to put open access in loftier, more idealistic terms. People who do not have access to scholarly output cannot participate in the Great Conversation, and neither can people whose works are not widely accessible. And who can resist the seduction of a Great Conversation, a free-flowing, boundary-crossing exchange of opinion and understanding?

We in libraries often get bogged down in the numbers, the line graphs that show the skyrocketing prices of journals relative to inflation, the mundanities of our stagnant or shrinking budgets. We believe these fiscal arguments should resonate with faculty, and sometimes they do, but there is nothing terribly inspiring about a line graph. When we talk about the importance of Open Access, we should remember to speak not only about what is broken right now, but also the tantalizing possibilities for the Great Conversation that lies ahead.

Open Access Week at the University of Michigan

I have been working with an excellent team of librarians here at Michigan to plan a week of events related to open access and the future of scholarship. We’re calling it Open Access Week. Clever, no?

It’s less than three weeks away, and as the schedule has come together I’m struck by how timely these events are, and how much we could conceivably do under the umbrella of discussing open access and the future of scholarship. When we started planning several months ago, I was concerned that a whole week might be too ambitious; I wasn’t sure how we would fill it. Now we’re starting to turn down proposals for events because there is so much going on already. The confluence of circumstances nationally has made this the perfect moment to discuss what’s wrong with existing modes of academic publishing, and to start getting aggressive about making change.

First we have the return of the dreadful Fair Copyright In Research Works Act, which is opposed by just about everyone except commercial publishers, including 33 Nobel Laureates in science. Then comes the word that together Elsevier and LexisNexis earned over $1.5 billion US in profit in 2008. For Elsevier that’s an adjusted operating margin — a profit — of 33%. While universities across the country are facing budget cuts of 20% or more, Elsevier brings in 33% profits, largely on the backs of university libraries. And economic news more broadly indicates that no library will escape unscathed. When Harvard starts laying off librarians and eliminating subscriptions, we’re all in trouble.

Now is the perfect time to get serious about adopting alternate modes of scholarly publishing, and Open Access models are serious alternatives. I’ll be the first to admit that we still haven’t figured out how to make OA work long term, or how to make it financially sustainable. We know it’s cheaper than Elsevier, but real costs remain. The more we experiment with new models, the better our chances that some of them will succeed. My hope is that our series of events during Open Access Week will help raise awareness among faculty and researchers here, and also build some energy for action and experimentation. I’d love to see an Open Access deposit mandate here at Michigan, or a commitment among faculty to edit and referee for OA journals. These ideas have been around for a long time, but this economic moment might be just what we need to push them forward. A recession is a terrible thing to waste.