Re: OA Mandates, Embargoes, and the "Fair Use" Button

From: Stevan Harnad <>
Date: Tue, 12 Jun 2007 03:48:27 +0100

Sandy, I don't understand why you keep conflating (1) the author's
emailing of single eprints to requesters, for research purposes (Fair
Use) with (2) making the article OA immediately without the publisher's
blessing. The whole point of the ID/OA mandate is to make embargoed
articles Closed Access, but to *deposit* them in the IR immediately just
the same:

On Mon, 11 Jun 2007 Sandy Thatcher, President, Association of American
University Presses, wrote:

> Here is my nightmare scenario with respect to journals....
> Let's say... The publisher objects to the clause that would
> allow for posting of the postprint article (in final form)
> on the author's institutional repository either immediately
> or after six months...
> The author says, ok, I'll go ahead and sign this contract but
> then post the article in final form on the IR anyway because I
> can do so under a claim that this practice is "fair use."

That's not ID/OA: ID/OA is to deposit the article in Closed Access
and use the Fair Use Button to fulfill individual eprint requests.

(I don't believe authors need their publishers' blessing to make their
own articles immediately OA, by the way, but we weren't talking about my
beliefs, or even about OA, but about the Immediate-Deposit/Optional-Access
mandate, Closed Access, and the Fair Use Button, which is not OA.)

Stevan Harnad

If you have adopted or plan to adopt a policy of providing Open Access
to your own research article output, please describe your policy at:

    BOAI-1 ("Green"): Publish your article in a suitable toll-access journal
    BOAI-2 ("Gold"): Publish your article in an open-access journal if/when
    a suitable one exists.
    in BOTH cases self-archive a supplementary version of your article
    in your own institutional repository.
Received on Tue Jun 12 2007 - 04:31:06 BST

This archive was generated by hypermail 2.3.0 : Fri Dec 10 2010 - 19:48:58 GMT