Elsevier has formally acknowledged its authors' right to self-archive their final drafts free for all online
since 2004.
Under "What rights do I retain as a journal author?", Elsevier's "
Authors' Rights & Responsibilities" document formally states that Elsevier authors retain the right to make their final, peer-reviewed drafts Open Access immediately upon publication (no embargo) by posting them on their institutional website (Green Gratis OA):
"[As an Elsevier author you retain] the right to post a revised personal version of the text of the final journal article (to reflect changes made in the peer review process) on your personal or institutional website or server for scholarly purposes"
More recently, however, an extra clause has been slipped into this statement of this retained right to self-archive:
"but not in institutional repositories with mandates for systematic postings."
The distinction between an institutional website and an institutional repository is bogus.
The distinction between nonmandatory posting (allowed) and mandatory posting (not allowed) is arbitrary nonsense. ("You retain the right to post if you wish but not if you must!")
The "systematic" criterion is also nonsense. (Systematic posting would be the institutional posting of all the articles in the journal. But any single institution only contributes a tiny, arbitrary fraction of the articles in any journal, just as any single author does. So the mandating institution would not be a 3rd-party "free-rider" on the journal's content: Its researchers would simply be making their own articles OA, by posting them on their institutional website, exactly as described.)
This "systematic" clause is hence pure
FUD, designed to scare or bully or confuse institutions into not mandating posting, and authors into not complying with their institutional mandates. (There are also rumours that in confidential licensing negotiations with institutions, Elsevier has been trying to link bigger and better pricing deals to the institution's agreeing either to allow OA to be embargoed for a year or longer or
not to adopt a Green OA mandate at all.)
Along with the majority of publishers today,
Elsevier is a Green publisher: Elsevier has endorsed immediate (unembargoed) institutional Green OA posting by its authors ever since 27 May 2004.
Elsevier's public image is so bad today that
rescinding its Green light to self-archive after almost a decade of mounting demand for OA is hardly a very attractive or viable option:
And
double-talk, smoke-screens and FUD are even less attractive
It will be very helpful -- in making it easier for researchers to provide (and for their institutions and funders to mandate) Open Access -- if Elsevier drops its "you may if you wish but not if you must" clause, which is not only incoherent, but intimidates authors. (This would also help counteract some of the rather bad press Elsevier has been getting lately...)
Stevan Harnad