Briefly, Poynder is arguing that the mis-match of resources, expertise and motivation makes it futile to depend on a transaction between an author and a publisher to provide useful open access to scientific articles. As I have argued before, Poynder concludes that the only way out is for Universities to act:
As it happens, the much-lauded Harvard open access policy contains the seeds for such a development. This includes wording along the lines of: “each faculty member grants to the school a nonexclusive copyright for all of his/her scholarly articles.” A rational next step would be for schools to appropriate faculty copyright all together. This would be a way of preventing publishers from doing so, and it would have the added benefit of avoiding the legal uncertainty some see in the Harvard policies. Importantly, it would be a top-down diktat rather than a bottom-up approach. Since currently researchers can request a no-questions-asked opt-out, and publishers have learned that they can bully researchers into requesting that opt-out, the objective of the Harvard OA policies is in any case subverted.Note the word "faculty" above. Poynder does not examine the issue that very few papers are published all of whose authors are faculty. Most authors are students, post-docs or staff. The copyright in a joint work is held by the authors jointly, or if some are employees working for hire, jointly by the faculty authors and the institution. I doubt very much that the copyright transfer agreements in these cases are actually valid, because they have been signed only by the primary author (most frequently not a faculty member), and/or have been signed by a worker-for-hire who does not in fact own the copyright.