Dear Jonathan,

As far as I understand, you are right, Jonathan.  Sean Gaffney's book (as a PDF, I've just downloaded) contains the (C) assertion that you quote.  That the author retains the copyright is good and proper.  All authors should hold on to their copyright in all circumstances.   That stuff about "moral right" etc. doesn't say anything about whether the book is OA or not.  All OA books have a copyright-holder too.

But to make a book Open Access, the copyright-holder needs to issue a formal license statement that says, more or less, "As copyright holder, I give everyone permission to copy this publication."  Sean Gaffney's book does not include such a statement on the (C) page (in fact the opposite, stringent restrictions), and this means that on the evidence of the (C) page, it is not OA.  People downloading it will rightly be in doubt about whether they are breaching the author's rights.  None of the PDF or online metadata that I see accompanying the book says that the author has issued an OA license.

The copyright-holder's license statement doesn't need to give away *all* rights.  Various degrees of OA license are listed at creativecommons.org, an organization that has given a lot of thought to all this stuff.

To sum up: the author is the first copyright-holder and therefore retains the right to control copying of their work.  The author, qua copyright-holder, is the only person who may issue a license giving people freedoms to do other things, like freely copying. Thus an OA publication should make two things clear.  1. There is a copyright-holder, 2. That person has issued an appropriate OA license.

Best,
Dominik

--
Professor Dominik Wujastyk
,

Singhmar Chair in Classical Indian Society and Polity
,

University of Alberta, Canada
.

South Asia at the U of A:
 
sas.ualberta.ca



On Thu, 28 Mar 2019 at 01:44, Jonathan Silk via INDOLOGY <indology@list.indology.info> wrote:
Dear Richard,
First, I'm sure all are grateful for this source, and this avenue is interesting. But I do wonder about something, since you state that the publication is Open Access.
The copyright notice nevertheless is the conventional:
"© Copyright 2018 Sean D. Gaffney. All rights reserved.The Author asserts their moral rights in respect of this work,including their right to be identified as author"
According to my understanding, "all rights reserved" means that the publication, despite having been posted for free download, is not in fact Open Access. But perhaps after all I am quite wrong about this; it certainly would be neither the first nor the last time!
Best, Jonathan

On Thu, Mar 28, 2019 at 1:39 AM Richard Mahoney | Indica et Buddhica <rmahoney@fastmail.com> wrote:
Dear Jonathan,

With the agreement of authors and editors, all monographs, editions
and proceedings that I publish will be available in an Open Access
edition to coincide with the initial print release.

It is relatively easy to ensure the long term availability of the Open
Access edition. Both physical and electronic copies are deposited --
Legal Deposit-- with the National Library of New Zealand.

The upshot, for example, is that this recently published edition is
available to borrow or to download:

Gaffney, Sean (2018) sKyes pa rabs kyi gleṅ gźi (Jātakanidāna): a
critical edition based on six editions of the Tibetan bKa' 'gyur.
Indica et Buddhica Jātakanidāna, v. 1. Oxford: Indica et Buddhica
Publishers.


Borrow:

http://bit.ly/2Ywyg9U

https://natlib-primo.hosted.exlibrisgroup.com/primo-explore/fulldisplay
?docid=NLNZ_ALMA21311447700002836&context=L&vid=NLNZ&search_scope=NLNZ&
tab=catalogue&lang=en_US

Download:

http://bit.ly/2FDVSki

https://natlib-primo.hosted.exlibrisgroup.com/primo-explore/fulldisplay
?docid=NLNZ_ALMA21311447560002836&context=L&vid=NLNZ&search_scope=NLNZ&
tab=catalogue&lang=en_US



Best, Richard


--
Richard Mahoney | Indica et Buddhica

Littledene  Bay Road  Oxford  NZ
T: +6433121699  M: +64210640216
r.mahoney@indica-et-buddhica.org

http://indica-et-buddhica.org/

-----Original Message-----
From: Jonathan Silk via INDOLOGY <indology@list.indology.info>
Reply-to: Jonathan Silk <kauzeya@gmail.com>
To: Dan Lusthaus <prajnapti@gmail.com>
Cc: Indology <indology@list.indology.info>
Subject: Re: [INDOLOGY] question about a soliciation from publisher
MDPI
Date: Thu, 28 Mar 2019 01:03:46 +0200

Dear Dan
I hope I am not seen as a shill for publishers, but I would like to
point out that what you say is not quite right. How are contributions
to be found? How is their continued presence to be assured? How are
materials to be distributed? There are many more questions like this
that your brief explanation omits, but that are vital. All of us have
experienced multiple times a 404 message when following a link to an
article or contribution of interest. If we want our publications to
last, this is not a viable model. This statement is not a positive
assertion of what is in fact the optimal model, but it does point out a
weakness in your questioning. I think that there are some viable
options out there, but it's not nearly as simple as you suggest.
Jonathan

On Wed, Mar 27, 2019 at 7:11 PM Dan Lusthaus via INDOLOGY <indology@lis
t.indology.info> wrote:
> While on that subject, our entire profession is fiscally backward. It
> is not just in regard to publications. Would a carpenter or plumber
> pay you to come to your house to build or fix something? But we pay
> hefty fees to go to conferences to present our research. Soon we will
> all be paying to publish our work through “reputable” media.
>
> As for publishers, profit is necessary to stay in business, so as
> hardcopies become increasingly vestigial, and free online material
> increasingly available, who is the profit going to come from? And the
> “free” part of online access is soon to disappear as well. The
> profit, of course, goes to the publishers. Royalties are a tiny
> percentage of what the book makes. The cost of producing a volume,
> which, once typeset (and some of us end up doing camera-ready) is
> just the cost of paper, ink, and delivery. E-versions, which don’t
> even cost that — just server space — are now the same price as
> hardcopy. At the recent AAS (Association of Asian Studies) the
> decrease in the number of publishers displaying wares, and the
> smaller booths rented by them, and the fewer actual items on display
> by many, was clearly noticeable.
>
> Shifting costs to our institutions, which are already experiencing
> financial stresses which they pretend to solve by eliminating
> departments of Sanskrit, Religious Studies, etc., is not a healthy
> solution.
>
> The model is changing, and we are mostly complacent so far.
>
> Dan
>
> > On Mar 27, 2019, at 12:11 PM, Camillo Formigatti via INDOLOGY <indo
> > logy@list.indology.info> wrote:
> >
> > It’s really interesting that in this discussion none of us has
> > actually pointed out that not only scientific publishers shouldn’t
> > ask authors to pay a fee for publication, they should actually pay
> > us for the work we’ve done. If scientific publishers ask scholars
> > to pay a fee for publication it means that their business model is
> > wrong in the best-case scenario or they’re criminals, plain and
> > simple. Maybe the reason for all this is that scientific publishers
> > shouldn’t be run as businesses? I’m just throwing this idea into
> > the arena, since it seems that the business-like model is now all-
> > pervading in every single aspect of human life, even where it
> > shouldn’t.
> > 
> > 
> > 
> > Dr Camillo A. Formigatti
>
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--
J. Silk
Leiden University
Leiden University Institute for Area Studies, LIAS
Matthias de Vrieshof 3, Room 0.05b
2311 BZ Leiden
The Netherlands

copies of my publications may be found at
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