Update: The amendment to Section 303 was adopted.
Can it be salvaged to promote public access to federally funded research?
In March we wrote about the introduction of the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The aim of the FIRST Act is to promote the dissemination of publicly funded scientific research. But the contentious Section 303 of the bill rolls back some of the most common policies governing existing research investments.
If passed in its current state, the FIRST Act would extend embargoes to federally funded research articles to up to three years after initial publication. This means that commercial publishers would be able to control access to publicly funded research during this time, and the public would not have free public access to this research. Even the longstanding NIH Public Access Policy tolerates embargoes no longer than 12 months. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
The FIRST Act would allow grantees to fulfill access requirements by providing a link to a publisher’s site instead of requiring deposit in a federally-approved repository. Currently NIH research grantees must deposit in the PubMed Central repository. The reliance on publishers to make (and keep) the research available jeopardizes the long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved.
The FIRST Act would permit affected agencies to spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Public Access Directive and Omnibus Appropriations Act.
The bill was previously was discussed in the subcommittee of the House Committee on Science, Space, and Technology. The passage of the FIRST Act with the Section 303 language as-is would harm existing as well as proposed public access policies in the United States. Today during the full committee markup of the bill Representatives James Sensenbrenner (R-WI) and Zoe Lofgren (D-CA) will introduce an amendment that would improve Section 303.
The Sensenbrenner/Lofgren amendment would change the embargo to 12 months, with the possibility that under certain circumstances the embargo could be extended for an additional 6 months. The amendment still does not require that federally-funded research articles be deposited in an approved repository. But it would shorten the length of time agencies get to develop and implement their public access plans. Affected agencies would need to develop a public access plan and report to Congress within 90 days. And the plans would need to be implemented within a year. One interesting piece of the amended Section 303 is that after an initial three-month planning period, the agencies would be required to submit an analysis on whether covered works should be made available under an open license.
Such report shall include an examination of whether covered works should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner.
There’s still time for you to call members of the House Science, Space and Technology Committee and tell them to support the Sensenbrenner/Lofgren Section 303 amendment. The amendment is a step in the right direction to truly supporting public access to publicly funded research in the United States.Comments Off
This week the U.S. House Representatives introduced H.R. 4186, the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The stated goal of the proposed law — “to provide for investment in innovation through scientific research and development, [and] to improve the competitiveness of the United States — is worthy and well received. But part of the bill (Section 303) is detrimental to both existing and proposed public access policies in the United States.
Section 303 of the bill would undercut the ability of federal agencies to effectively implement the widely supported White House Directive on Public Access to the Results of Federally Funded Research and undermine the successful public access program pioneered by the National Institutes of Health (NIH) – recently expanded through the FY14 Omnibus Appropriations Act to include the Departments Labor, Education and Health and Human Services. Adoption of Section 303 would be a step backward from existing federal policy in the directive, and put the U.S. at a severe disadvantage among our global competitors.
The White House Directive, NIH Public Access Policy, Omnibus Appropriations Act, and the proposed Fair Access to Science and Technology Research Act (FASTR) all contain similar provisions to ensure public access to publicly funded research after a relatively short embargo (6-12 months). These policies make sure that articles created and published as a result of federal funding are deposited in a repository for access and preservation purposes. In addition, the policies provide for a reasonable process and timeline for agencies to development a plan to comply with the public access requirements.
The FIRST Act would conflict with each of these practices. Instead, if enacted it would permit agencies that must comply with the law to:
- Extend embargoes to federally funded research articles to up to 3 years after initial publication, thus drastically increasing the time before the public has free public access to this research. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
- Fulfill access requirements by providing a link to a publisher’s site. However, this jeopardizes long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved. A better outcome would be to ensure that a copy is deposited in a federally-controlled repository.
- Spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Directive and Omnibus Appropriations Act.
This bill is scheduled to be marked up in the House Committee on Science, Space, and Technology tomorrow, March 13.
But there are better alternatives, both in existing policy (e.g. White House Directive), and in potential legislation (e.g. FASTR). Here’s what you can do right now:
- Send a letter to members of the House Science, Space and Technology Committee opposing Section 303 of the FIRST Act.
- Use the SPARC action center to customize and send letters directly to your legislators. Tweet your opposition to Section 303 of the FIRST Act, or post about the bill on Facebook.
- Write a letter to the editor or an op-ed for your local or campus newspaper. You can write directly to them or by using the SPARC legislative action center.
- Share this post with your colleagues, labs, friends and family.
started with that bold challenge. Now, the scrappy startup that dared has done it. One year old today, PeerJ, the peer-reviewed journal, has seen startling growth having published 232 articles under CC-BY 3.0 last year. By the way, per Scimago that number is more than what 90% of any other journal publishes in a year. Then in April 2013 PeerJ started publishing PeerJ PrePrints, the non-peer-reviewed preprint server with 186 PrePrints in 2013, all under CC BY 3.0.
Now PeerJ has more than 800 Academic Editors, from a wide variety of countries and institutions. There are also five Nobel Prize winners on the PeerJ Board. PeerJ receives submissions from all over the world, and covers all of the biological, health, medical sciences. As of the time of this post’s publication, the top subject areas for PeerJ submissions were
|Psychiatry and Psychology||47|
Not everything has been easy. Starting an entire publishing company from scratch has been a learning experience for the entire team. From no brand recognition, no history, no infrastructure etc. to having successfully established themselves in all the places that a publishing company should be in: archiving solutions; DOI issuing services; indexing services; membership of professional bodies; ISSN registrations etc. PeerJ has done very well. Last year PeerJ won the ALPSP Award for Publishing Innovation.
PeerJ’s vision/mission are deceptively simple:
- Keep Innovating
- Remember Whom We Serve
- Pass on the Savings
PeerJ decision-making process is fast, very fast. Authors get their first decision back in a median of 24 days. Being small, and non-traditional means they can take risks. They have built interesting functionality and models such as optional open peer review; Their business model is based on individuals purchasing low cost lifetime publication plans, and that has resulted in a lot of their functionality being very individual-centric.
Compared to traditional publishers, PeerJ is a very tech-focused company. They built all the technology themselves, quite unusual in the academic publishing world, which normally uses third parties for their peer-review software and publication platforms. By doing it themselves they have much more control over their destiny, cost, and can build functionality which suits their unique needs. The high percentage of authors describing their experience with PeerJ as their best publishing experience is arguably a direct result of this. Much of PeerJ’s software is open source, and their techie roots are evident in their engagement with the community via events such as Hack4ac, a hackday to specifically celebrate, ahem, CC BY!
Peter Binfield, Co-Founder, says:
We firmly believe that Open Access publishing is the future of the academic journal publishing system. With the current trends we see in the marketplace (including governmental legislation; institutional mandates; the rapid growth of the major OA publishers; and the increasing education and desire from authors) we believe that Open Access content will easily make up >50% of newly published content in the next 4 or 5 years.
Once all academic content is OA and under an appropriate re-use license we believe that significant new opportunities will emerge for people to use this content; to build on it for new discoveries and products; and to accelerate the scientific discovery process.
We regard the CC-BY license as the gold standard for OA Publications. Some other publishers provide authors with “NC” options, or try to write their own OA licenses, but we have a firm belief in the CC BY flavor. If there are many different OA licenses in play then it becomes increasingly difficult for users to determine what rights they have for any given piece of work, and so it is cleaner and simpler if everyone agrees on a single (preferably liberal) license. We were pleased to see the license updated to 4.0 and were quick to adopt it.
In Jan 2014, PeerJ moved to CC BY 4.0 for all articles newly submitted from that point onwards (prior articles remain under CC BY 3.0 of course). Today, on PeerJ’s first birthday, we at CC send PeerJ our best wishes, and look forward to ever more courageous, even outrageous innovations from this precocious one year old.Comments Off
Last November, a bunch of us from Wikimedia, Mozilla, P2PU, OKFN, Creative Commons, School of Open, and other communities got together for a session at Mozfest called “Collaborations across the Open Space.” That session not only laid the groundwork for better communication among open organizations, but also resulted in the momentum to draft a job description for a project coordinator who will “support the development of a stronger network of organizations working in the areas of open knowledge and open access.”
The part-time position is being funded by Wikimedia UK with the hope that another organization will pick up it up after the initial 6 month term. The full description is at https://wikimedia.org.uk/wiki/Open_Coalition_Project_Co-ordinator – but here are the highlights of what we envision the person to be doing:
- Have a thorough understanding of issues relating to open knowledge, open access, open source, and open content licences
- Lead on the development of a small event for organisations working in this space, including Wikimedia UK, Open Knowledge Foundation, Creative Commons, Mozilla, Open Rights Group, and OpenStreetMap, among others
- Act as a conduit for organisations acting in the open space, facilitating discussion and collaboration
- Lead on the creation of a website and booklet explaining what it means to be an open organisation, what the “open sector” is and the benefits it brings
- Build a relationship of trust with the group and the wider open community
- Develop and deliver sessions about the open coalition at Wikimania in London, August 2014
The position is based in London, but will be working with open community members from around the world. Have a look at the position and also at the notes from the original Mozfest session for reference.Comments Off
Update: The bill was signed by President Obama January 17, 2014.
Both the U.S. House of Representative and Senate have passed the 2014 omnibus appropriations legislation (2.9 MB PDF). President Obama is expected to sign the bill shortly.
What’s so special about this legislation? Federal agencies with research budgets of at least $100 million per year will be required provide the public with free online access to scholarly articles generated with federal funds no later than 12 months after publication in a peer-reviewed journal. The agencies affected by the public access provision of the appropriations bill include the Department of Labor, Department of Education, and Department of Health and Human Services (which includes research-intensive sub-agencies such as the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention).
According to SPARC, the bill “ensure[s] that $31 billion of the total $60 billion annual U.S. investment in taxpayer-funded research is now openly accessible.”
The inclusion of the public access provision builds upon existing initiatives, such as the NIH Public Access Policy. And it echoes the more recent push for public access to publicly funded research advocated through the introduction of the Fair Access to Science and Technology Research Act (FASTR) and the White House directive. But with FASTR tabled in Congress last year and the federal agencies dragging their feet on complying with Obama’s public access directive (plans were due in August 2013), the passage of the 2014 spending legislation is a welcome measure for increasing access to publicly funded research.
SPARC thinks the language in the bill could be strengthened by adopting a shorter embargo period (e.g. six months), which would benefit the public without harming journal publishers. In addition, they suggest that research articles be shared via a central repository similar to PubMed Central and incorporate provisions to ensure the ability to conduct text and data mining on the entire corpus of federally-funded articles. Creative Commons and other groups have also communicated the need for not only free public access, but also access whereby publicly funded research is made available under open licenses.
Open Access icon was created by Duke Innovation Co-Lab and in the public domain.
U.S. Department of Education seal is in the public domain.
U.S. Department of Labor seal is in the public domain.
U.S. Department of Health and Human Services seal is in the public domain.
BioMed Central (BMC) is one of the largest open access (OA) publishers in the world with 250 peer-reviewed OA journals, and more than 100,000 OA articles published yearly. BMC is also long-time user of CC licenses to accomplish its mission of husbanding and promoting open science. BMC has been publishing articles under a CC license since 2004.
In June of least year, BMC’s Iain Hrynaszkiewicz and Matthew Cockerill, published an editorial titled Open by default in which they proposed a copyright license and waiver agreement for open access research and data in peer-reviewed journals. The gist of the editorial was that
Copyright and licensing of scientific data, internationally, are complex and present legal barriers to data sharing, integration and reuse, and therefore restrict the most efficient transfer and discovery of scientific knowledge, (and that implementing) a combined Creative Commons Attribution license (for copyrightable material) and Creative Commons CC0 waiver (for data) agreement for content published in peer-reviewed open access journals… in science publishing will help clarify what users—people and machines—of the published literature can do, legally, with journal articles and make research using the published literature more efficient.
Starting September 3, 2013, in keeping with its forward-looking mission, BMC started requiring a CC0 Public Domain Dedication for data supporting the published articles.
This is good because CC0 reduces all impedance to sharing and reuse by placing the work in the public domain. Good scientific practices assure proper credit is given via citation, something scientists have already been doing for centuries. Marking data with CC0 sends a clear signal of zero impedance to reuse. CC0 is a public domain dedication, however, wherever such a dedication is not possible, CC0 has a public license fallback. Either way, the impedance to data reuse is eliminated or minimized. Making CC0 the default removes uncertainty, and speeds up the process of accessible, collaborative, participatory and inclusive science.
But wait, there is more… starting February 3, 2014, BMC, Chemistry Central and all of SpringerOpen family of journals are also Moving Forward to the latest CC BY 4.0 license. Changes in CC-BY — version 4.0, released on Nov 25, 2013, represent more than two years of community process, public input and feedback to develop a truly open, global license suitable for both copyright, related rights and, where applicable, database rights. By moving to CC4.0, BMC is not only getting set for reliable, globally recognizable mark of open, it is also setting a high bar for the future of open science.
We at Creative Commons are big fans of BMC, and we applaud their move to creating a stronger, more vibrant open commons of science.Comments Off
Today marks the launch of the Open Access Button, a browser bookmark tool that allows users to report when they hit paywalled access to academic articles and discover open access versions of that research. The button was created by university students David Carroll and Joseph McArthur, and announced at the Berlin 11 Student and Early Stage Researcher Satellite Conference.
From the press release:
The Open Access Button is a browser-based tool that lets users track when they are denied access to research, then search for alternative access to the article. Each time a user encounters a paywall, he simply clicks the button in his bookmark bar, fills out an optional dialogue box, and his experience is added to a map alongside other users. Then, the user receives a link to search for free access to the article using resources such as Google Scholar. The Open Access Button initiative hopes to create a worldwide map showing the impact of denied access to research.
The creators have also indicated that they plan to release the data collected by the Open Access Button under CC0. Congratulations on the release of this useful tool.1 Comment »
Today marks the start of Open Access Week 2013. Open Access Week is a global event for the academic and research community to continue to learn about the potential benefits of Open Access, to share what they’ve learned with colleagues, and to help inspire wider participation in helping to make Open Access a new norm in scholarship and research. There are many events you can participate in this week, both in person and virtually. Now is a great time to take a look back at the last year in open access developments. Here’s a small sample.
- The European Commission released a report that said open access to research publications is reaching a tipping point. It noted that 40% of scientific peer reviewed articles published worldwide between 2004 and 2011 are now available online for free access.
- CC developed a set of graphics that help explain the the current commercial publishing situation and what an open access would do to promote increased access and reuse to research.
- The Public Library of Science and Figshare announced a partnership that will allow authors publishing in PLOS journals host their data on Figshare.
- In the United States, the Fair Access to Science and Technology Research Act (FASTR) was introduced in both the House of Representatives and the Senate. FASTR requires federal agencies with annual extramural research budgets of $100 million or more to provide the public with online access to the research articles stemming from that funded research no later than six months after publication in a peer-reviewed journal.
- The White House issued a directive on public access to research produced by federal agencies. Each agency covered by the Directive must “Ensure that the public can read, download, and analyze in digital form final peer reviewed manuscripts or final published documents within a timeframe that is appropriate for each type of research conducted or sponsored by the agency.” The public is still waiting to see the details of the agency public access plans, which were due August 22, 2013. In addition, the White House announced an executive order in support of open data, and launched Project Open Data, an open source initiative looking for input and collaboration on how the federal government should manage open data. There’s been some great work to-date on Project Open Data, but there’s still some unresolved questions about licensing (or public domain tools) appropriate for data produced by the federal government.
- Also in the United States, there’s been several state-level bills introduced in support of public access to publicly funded research. Perhaps the most active is the legislation introduced in California–AB 609–the California Taxpayer Access to Publicly Funded Research Act. If you live in California you can write to your representatives today to tell them to support AB 609.
- The University of California passed a system-wide open access policy. The open access policy will cover 8,000 faculty who author approximately 40,000 articles each year.
- The Research Councils UK passed an open access policy, but there’s been some confusion about the open licensing provisions in the policy. And, the Business, Innovation, and Skills Committee released a report criticizing the policy and urged RCUK to reconsider several aspects of the policy, including the preference for gold open access publishing, acceptable embargo periods, and licensing options.
- PLOS hosted the Accelerating Science Award Program (ASAP). The high-profile award program seeked to highlight individuals who have used, applied, or remixed scientific research — published through open access — in order to realize innovations in science, medicine, and technology. The winners of the program will be announced today!
WikiProject Open is a community of new and experienced Wikipedians, dedicated to improving Wikipedia’s coverage of all things “open,” and to using openly licensed content to improve Wikipedia articles in general. In celebration of Open Access Week, we invite you to join us in improving two Wikipedia articles this week:
- Open Access Week: We should have plenty of new news coverage to draw from in improving this article
- Creative Commons license: Let’s make sure this central article is thorough and accurate; we will consider splitting off sub-articles, etc.
For those new to Wikipedia, you’ll find some tips to get you started on our “welcome” page.
Then, just get to work on the “Open Access Week” and “Creative Commons license” articles! Be sure to check each article’s talk page (you’ll find the tab in the upper left), because we’ll surely be discussing what needs to be improved and how we want to approach it as WikiProject Open’s Collaboration of the Week (COTW) gets underway.
Collaboration of the Week programs have been implemented by a number of wiki communities over the years. Academic studies have found them to be a highly effective way to keep people engaged and productive, in addition to building a sense of community. We hope you will join us as we launch this program, and help us improve Wikipedia’s coverage of important topics in the world of openness!Comments Off
This blog post was written by Teresa Sempere García, CC’s Community Support Intern June-August, 2013. The cycle graphics below were designed by Timothy Vollmer and Teresa Sempere García.
The current system for public access to research articles and educational materials is broken: ownership is often unclear, and the reuse of knowledge is limited by policies that do not maximize the impact of public funding. The following graphics will try to simplify and compare two alternative funding cycles for research publications and educational resources that emphasize the positive impacts of open policies on publicly-funded grants. More information and links to a current directory of current and proposed OER open policies can be found in the OER Policy Registry on the Creative Commons Wiki.
Cycles for Research Articles
The existing system for producing and distributing publicly funded research articles is expensive and doesn’t take advantage of the possibilities of innovations like open licensing. Without a free-flowing system, access to the results of scientific research is limited to institutions that are able to commit to hefty journal subscriptions — paid for year after year — which don’t allow for broad redistribution, or repurposing for activities such as text and data mining without additional permissions from the rightsholder. This closed system limits the impact on the scientific and scholarly community and progress is slowed significantly.
A Closed Research Model
When funding cycles for research include open license requirements for publications, increased access and opportunities for reuse extends the value of research funding. As an example, the US National Institutes of Health (NIH) Public Access Policy requires the published results of all NIH-funded research to be deposited in PubMed Central’s repository, the peer-reviewed manuscript immediately, and the final journal article within twelve months of publication. Similarly, the recent directive issued by the White House Office of Science and Technology Policy mandates that federal agencies with more than $100 million in research expenditures must make the results of their research publicly available within one year of publication, and better manage the resultant data supporting their results. These policies utilize aspects of the optimized cycle below, and are a step in the right direction for making better use of public funding for research articles.
An Open Research Model
Cycles for Educational Resources
The incumbent system for developing and sharing publicly funded educational resources doesn’t guarantee materials are accessible and reusable by the public that paid for their creation.
A Closed Education Model
If policies are put in place that mandate open licenses on publicly funded educational resources, knowledge can flow more freely because the public is clear about how they may reuse educational content, and the funders can realize a more impactful return on their investments. An example of better use of public funding for the production of educational resources, the US DOL TAACCCT Program mandates that all content created or modified using grant funds are openly-licensed (CC BY) and deposited in a public repository upon completion of the project. Being conducted in four waves, the TAACCCT program is making better use of a large (US$2 billion) investment of US taxpayer money by ensuring the public will have access the educational resources created during the four-year term, and is able to reuse and adapt them beyond what automatic copyright allows. The following graphic demonstrates an open funding model, with licensing and access recommendations to remove barriers to sharing and help speed access and reuse of publicly funded educational content.
An Open Education Model
Open policy — specifically, the idea that publicly funded materials should be openly licensed materials — is a sensible solution that ensures the public’s right to reuse the materials it paid for, and improves the efficiency of government grant funding. Open licensing is a sensible requirement for publicly funded grant programs.6 Comments »