HLS Goes Open Access, Unanimously

I’m just delighted that the Harvard Law School faculty has voted unanimously to adopt an open access policy. This policy is consistent with the policy adopted by the Harvard Faculty of Arts and Sciences earlier this year.

Here is what we approved:

“The Faculty of the Harvard Law School is committed to disseminating the fruits of its research and scholarship as widely as possible. In keeping with that commitment, the Faculty adopts the following policy: Each Faculty member grants to the President and Fellows of Harvard College permission to make available his or her scholarly articles and to exercise the copyright in those articles. More specifically, each Faculty member grants to the President and Fellows a nonexclusive, irrevocable, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are not sold for a profit. The policy will apply to all scholarly articles authored or co-authored while the person is a member of the Faculty except for any articles completed before the adoption of this policy and any articles for which the Faculty member entered into an incompatible licensing or assignment agreement before the adoption of this policy. The Dean or the Dean’s designate will waive application of the policy to a particular article upon written request by a Faculty member explaining the need.

Each Faculty member will provide an electronic copy of the final version of the article at no charge to the appropriate representative of the Provost’s Office in an appropriate format (such as PDF) specified by the Provost’s Office no later than the date of its publication. The Provost’s Office may make the article available to the public in an open-access repository.

The Office of the Dean will be responsible for interpreting this policy, resolving disputes concerning its interpretation and application, and recommending changes to the Faculty from time to time. The policy will be reviewed after three years and a report presented to the Faculty.”

There have been many champions of this and related issues throughout the academic world, including Peter Suber and Michael Carroll. At Harvard, the university librarian, Robert Darnton, and Berkman Center faculty director Stuart Shieber, of the new school of engineering and applied sciences at Harvard, are chief among them.

Prof. Robert Darnton said of this vote: “That such a renowned law school should support Open Access so resoundingly is a victory for the democratization of knowledge. Far from turning its back to the outside world, the HLS is sharing its intellectual wealth.”  Amen.


There’s enormous promise in the Open Library project, which we’re hearing about today at Berkman’s lunch event from Aaron Swartz. The idea is wonderfully simple: to create a single web page per book. That web page can aggregate lots of data and metadata about each book. In turn, the database can be structured to indicate very interesting relationships between books, ideas, and people. The public presentation of the information is via a structured wiki.

I’m most interested in hearing what Open Library thinks it needs in the way of help. They have a cool demo here. It seems to me that one way to succeed in this project is to combine what start-ups call “business development” with what scholars do for a living with what non-profits think of as crowd-sourcing or encouraging user generated content or whatever. There’s a lot that could be done if the publishers and libraries contributed the core data (should be in everyone’s interest, long-term anyway); scholars need to opt in an do their part in an open way; Open Library needs to get the data structured and rendered right (curious as to whether OPML or other syndicated data structures are in play, or could be in play, here); and human beings need to contribute, contribute, contribute as they have to Wikipedia and other web 2.0 megasites.

A note from a participant: “libraries resist user-generated cataloguing.” This seems to me a cultural issue that is worth exploring. We do need to balance the authority of librarians in with what the crowds have to offer. But I’m pretty sure it’s not an either-or choice, as David Weinberger makes clear through his work.

One thing that makes a lot of sense is their plan for supporting the site over time. The combination of philanthropy (at least as start-up funds, if not for special projects over time) plus revenue generated through affiliate links over time makes a lot of sense as a sustainable business plan.

One could also see linkages between Open Library and 1) our H2O Playlists initiative (hat-tip to JZ) to allow people to share their reading lists as well as 2) what Gene Koo and John Mayer at CALI are doing with the eLangdell project.

It’s not a surprise that the truly wonderful David Weinberger — I can see him blogging this in front of me — brought Aaron here today to talk about this.

Where I’m left, at the end of lunch, is with a sense of wonder about what we (broadly, collectively) can accomplish with these technologies, a bit of leadership, a bit of capital, good communications strategies, and some good luck in the public interest over time. It’s awe-inspiring.