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

[Stevan Harnad <harnad@ecs.soton.ac.uk>]

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.)

     http://openaccess.eprints.org/index.php?/archives/71-guid.html

Stevan Harnad