On May 1, 2008, the Harvard Law School faculty voted to adopt an open access policy making their scholarly articles freely available to the public. Under the policy, faculty members negotiating contracts with publishers retain copyright to their scholarly articles and grant the fellows of Harvard College permission to make them available in Harvard’s open access repository (see full text of policy). This policy does not apply to articles completed before May 1, 2008 or to any articles for which the faculty member entered into an incompatible licensing or assignment agreement before that date.
How to Comply with the HLS Open Access Policy
To comply with this policy, faculty should deposit electronic copies of the final version of completed articles in the University’s open access repository (DASH), where they will be available to the public.
Language for Publisher Agreements
Sample clauses containing the necessary language to retain copyright for open access purposes are available at the Office for Scholarly Communication Addendum Generator. These clauses can be downloaded and added to the publication agreement.
Waivers from Compliance
Faculty who do not wish to comply with the HLS Open Access Policy may request a waiver of application of the policy to a particular article by submitting a waiver request form to the Dean’s designate and explaining the need for a waiver.
DASH Article Deposit Process
HLS faculty may deposit articles directly to the DASH repository or authorize the library to do it on their behalf. To have the library deposit an article, please complete this authorization form (log in with Harvard ID and PIN number) or contact Faculty Services.
The Library manages implementation of the HLS open access policy. Questions may be directed to Faculty Services.
Resources Related to Scholarly Communication and Publishing
- Harvard University Office for Scholarly Communication
- ExpressO Preprint Service
- Social Science Research Network
- SHERPA/RoMEO database (provides information about specific publisher agreements)
- Copyrightexperiences (wiki where participants share experiences with negotiating agreements with journals)