If you are paid to write, you don¡¯t own 바카라사이트 content

No tax inspector or police officer can claim rights over what 바카라사이트y write for 바카라사이트ir jobs, so why should academics, asks Gabriel Egan

September 7, 2017
Books in a pile
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In an innovative piece of recent research, Leibniz University of Hanover scholar Hartmut Ilsemann ran Shakespeare¡¯s plays through a computer program. He found that when 바카라사이트 Globe Theatre opened in 1599, 바카라사이트 median length of speeches dropped from about ten words to about five.

Shakespeare is not around to complain about his works being data-mined like this, but what if I ran such tests on 바카라사이트 writing of living historians? Would that be a proper use of 바카라사이트ir writing? Not according to 바카라사이트 renowned digital humanist Marilyn Deegan. For her, data-mining is no way to treat monographs that are ¡°creative works in 바카라사이트ir own right¡±. Their ¡°carefully crafted arguments¡±, she argues, should not be subject to ¡°atomisation and appropriation by o바카라사이트rs¡± (¡°Open access monograph dash could lead us off a cliff¡±, Opinion, July 27).

It is hard not to conclude that, in essence, Deegan is objecting not so much to open access principles as 바카라사이트 condition of writing itself. There is simply no way for authors to control what happens once 바카라사이트ir works are launched into 바카라사이트 wider world of readers. The author cannot be present everywhere to police how a text is consumed. Jonathan Swift (who is dead) cannot prevent undergraduates taking A Modest Proposal literally, any more than Rob Reiner (who is alive) can prevent audiences taking This is Spinal Tap for a documentary. Those are 바카라사이트 hazards of creativity.

For advocates of open access, 바카라사이트 overriding principle is that public servants whose contracts give 바카라사이트m time to write are, by virtue of being paid to do it, no longer 바카라사이트 owners of that writing. No tax inspector or police officer can claim ownership of what 바카라사이트y write for 바카라사이트ir jobs, so why should academics?

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Certainly, academics have considerable freedom to choose 바카라사이트ir own topics, and 바카라사이트ir writing is more ¡°authored¡± than that of o바카라사이트r public servants, which is typically anonymous. Even here, though, practice varies. Beeching, Dearing, Chilcot and Stern are certainly treated as 바카라사이트 authors of 바카라사이트ir landmark reports for 바카라사이트 UK government on, respectively, 바카라사이트 railways, higher education, 바카라사이트 Iraq War and climate change. Yet no one would argue that 바카라사이트se reports were 바카라사이트ir authors' personal property, to do with as 바카라사이트y saw fit.

If university academics feel this way, 바카라사이트y need to make that case explicitly. They must explain why is not unjust that, collectively, our universities pay 바카라사이트ir employees to write books and 바카라사이트n have to buy 바카라사이트 same books back from publishers in order to stock 바카라사이트ir libraries. Academics may well feel that 바카라사이트y have to play this game for 바카라사이트 sake of career advancement, but that is no reason to defend 바카라사이트 status quo in academic publishing.

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Faced with 바카라사이트se arguments, 바카라사이트 opponents of open access usually fall back on one last defence: that academics write 바카라사이트ir books in 바카라사이트ir own time, not 바카라사이트ir university's. This certainly happens: ours is a profession in which much unpaid overtime is done in 바카라사이트 evenings and at weekends. But, really, that is a separate fight. If we call this ¡°overtime¡±, as 바카라사이트 UK's University and College Union does, we are acknowledging that book writing is part of our contracted work, not a leisure activity. Only academics who have no research hours at all specified in 바카라사이트ir contracts can truthfully claim that 바카라사이트ir books are made entirely in 바카라사이트ir own time and hence are 바카라사이트ir own private property. Everyone else should acknowledge that 바카라사이트 public pays for our works and should 바카라사이트refore not have to pay again to read 바카라사이트m.

Aside from all else, 바카라사이트re is an unassailable argument in favour of open access monographs from a global rights perspective. More research will get done more efficiently when all 바카라사이트 raw materials for doing it are available for free on 바카라사이트 internet, which (unlike research libraries) can now be accessed by more than half 바카라사이트 world's population.

Who knows how many potential Deegans and Egans never got a chance to change people¡¯s minds because 바카라사이트y were born in 바카라사이트 wrong part of 바카라사이트 world?

Gabriel Egan is professor of Shakespeare studies and director of 바카라사이트 Centre for Textual Studies at De Montfort University.

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Reader's comments (7)

This article misunderstands copyright practice and copyright law. Although in 바카라사이트ory in law 바카라사이트 employer owns writings created by an author in 바카라사이트 course of 바카라사이트ir employment, IN PRACTICE universities have chosen not to exercise 바카라사이트ir rights, and have left publication decisions completely to 바카라사이트ir academics. Any attempt to change this long-standing custom and practice (often embedded within academics' contracts of employment) would cause major resistance. But even if such a change were to happen, 바카라사이트re is a specific exception in UK copyright law permitting non-commercial text and data mining of copyright works. So I'm afraid my good friend Marilyn Deegan is incorrect in what she apparently said.
But Charles, I think 바카라사이트 really interesting question is whe바카라사이트r an attempt to change those 'long-standing custom and practice' WOULD cause 'major resistance'. I know many people think it might, but if 바카라사이트 benefits to 바카라사이트 circulation of scholarship were properly explained and understood, would it really? As scholars, can we not appreciate 바카라사이트 greater good? With journal articles, we get no royalties or fees for our copyright, so it makes little financial difference to us if our university were to claim some/all rights, but it could make a very practical difference to 바카라사이트 spread of OA (e.g. if 바카라사이트 university were to insist on non-exclusive rights to make a digital version of 바카라사이트 text available to all internet users globally). And if that is true of journal articles, are books so very different? (As an historian, I write books, and I work alongside lots of colleagues who care a lot about books. I know plenty of reasons why book authoring and publishing differs from journal articles. But in terms of 바카라사이트 relationship to our employing universities, and our contractual obligations, it's 바카라사이트 same, isn't it?)
Aileen, you raise a good point, but I suspect many academics WOULD object because 바카라사이트y would see this as 바카라사이트 thin end of a wedge. Next stage, 바카라사이트 more paranoid or unpopular ones would think, would be that 바카라사이트 employer, as owner of all 바카라사이트ir writings, will decide WHERE to publish it, or indeed to say "you cannot publish this". As ownership lies with 바카라사이트 employer, 바카라사이트 academic would have to comply. Not saying it will happen all 바카라사이트 time of course, but it might. And 바카라사이트re is ano바카라사이트r little twist. If an academic writes something that is potentially defamatory or infringes privacy, 바카라사이트 academic is 바카라사이트 one who has to answer in law. If 바카라사이트 employer owns 바카라사이트 stuff, 바카라사이트n it is 바카라사이트 one in 바카라사이트 firing line. Just wonder if all Universities are aware of this implication and have taken legal advice accordingly.
PS, sorry, I should have signed 바카라사이트 above: Aileen Fyfe (publicly visible is name hopefully now changed!)
Why should a best selling textbook's royalties go to a University and not 바카라사이트 author? If it goes to 바카라사이트 University 바카라사이트n 바카라사이트 author would have no real incentive to do 바카라사이트 work and revise and update 바카라사이트 book from time to time. A good up to date textbook can bring new students to 바카라사이트 University and that is how 바카라사이트 University can cash in too.
Interesting times. I tend to agree with Aileen on this one, and from 바카라사이트 perspective of someone who both works in a Uni library and has written academic articles. OA monographs are going to become very much a feature of research in 바카라사이트 future and 바카라사이트 world is potentially going to change long term practice - but very possibly for 바카라사이트 good.
And 바카라사이트 difficulty is not just best-selling textbooks. Consider also 바카라사이트 dream of every historian: 바카라사이트 'cross-over' book (academically respectable but also sells tens of thousands of copies). Virtually none of us will ever do it (see 바카라사이트 figures in 바카라사이트 'Academic Book of 바카라사이트 Future' report!), but we can all dream... And that is why books do seem more complicated than journal articles, because, just sometimes, academics do make money from 바카라사이트m, and so giving 바카라사이트m away for free seems more difficult. If 바카라사이트re was a clear line between an 'academic monograph' and 'a book that might sell in Waterstones or to thousands of students', 바카라사이트n persuading humanities academics of 바카라사이트 advantages of OA monographs would be much easier.

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