public access

Proposed U.S. law would weaken and postpone public access to publicly funded research

Timothy Vollmer, March 12th, 2014

This week the US 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.

According to SPARC:

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.
No Comments »

Congress passes spending bill requiring free access to publicly funded research

Timothy Vollmer, January 16th, 2014

agencylogos

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.

1 Comment »

University proposal supports U.S. public access directive

Timothy Vollmer, June 12th, 2013

Last week the Association of American Universities (AAU), Association of Public and Land-grant Universities (APLU), and the Association of Research Libraries (ARL) released a draft plan on how they’d support public access to federally funded research aligned with the February 22 White House public access directive. The SHared Access Research Ecosystem, or SHARE, is a plan that would draw upon existing university infrastructure in order to ensure public access to publicly funded research. SHARE works through a federated system of university repositories. Participating universities would adopt a common set of metadata fields for publicly funded research articles. The metadata will communicate specific information so the article may be easily discovered through common search engines. Minimum metadata will include author name, title, journal, abstract, and award number. The university-focused SHARE plan was announced in the same week as CHORUS, an effort championed by a coalition of commercial publishers.

In order to promote broad access and reuse of publicly funded research outputs, the SHARE proposal says that federal agencies need to be granted permissions that enable them to make the deposit system work. Therefore, universities and principal investigators need to retain sufficient rights to in turn grant those permissions (access, reuse, archiving) to the federal agencies. From the plan:

Copyright licenses to allow public access uses of publications resulting from federal awards need to be awarded on a non-exclusive basis to the funding agency responsible for deposit in order for that system of public deposit to work [...] Federal funding agencies need to receive sufficient copyright licenses to peer-reviewed scholarly publications (either final accepted manuscripts or preferably final published articles) resulting from their grants to enable them to carry out their roles in the national public access scheme. Such licenses would enable the placement of peer-reviewed content in publicly accessible repositories capable of preservation, discovery, sharing, and machine-based services such as text mining, once an embargo has expired.

The need for universities and researchers to maintain rights to make their research available under open licenses is aligned with the recommendations that Creative Commons made to the federal government in our testimony during the public hearings at the National Academies. In our comments, we urged agencies to allow authors to deposit articles immediately in a repository under a worldwide, royalty-free copyright license that allows the research to be used for any purpose as long as attribution is given to the authors. By making it possible for authors to make their research articles available immediately as open access, federal agencies will be clarifying reuse rights so the downstream users know the legal rights and responsibilities in using that research. This would include important reuse permissions noted in the SHARE proposal.

We also suggested that federal agencies require that authors deposit their manuscripts into a public repository immediately upon publication in a peer reviewed journal. This is also in line with the SHARE plan. If an embargo is present, the SHARE repository will link to the commercial publisher’s website. And once the embargo period expires, the repository would be able to “flip on” access to the article which would then made available under the open license.

The SHARE proposal also notes, “licensing arrangements should ensure that no single entity or group secures exclusive rights to publications resulting from federally funded research.” It is important that universities and scholarly authors properly manage copyrights from the get-go in order to make sure that the final manuscript is made publicly available under the requirements set out by the White House public access directive. This important consideration has been widely discussed at the federal level when the NIH Public Access Policy went into effect. In addition, universities have passed open access policies that reserve the legal rights to archive research conducted by their faculty. And author-level copyright tools have proved to be useful for faculty to preserve some rights to the articles to which they submit to commercial publishers.

No Comments »

California public access bill moves to Assembly floor vote

Timothy Vollmer, May 28th, 2013

ab609_468x60~s600x600

After passing through the Assembly Appropriations Committee last week (with bipartisan support), California’s Taxpayer Access to Publicly Funded Research Act (AB 609) will now reach the Assembly floor for a vote this week. If the proposed bill passes the Assembly, it will move to the California State Senate.

To recap, AB 609 would require that the final peer-reviewed manuscript of research funded through California tax dollars be made publicly available within 12 months of publication. If passed, AB 609 would be the first state-level bill requiring free public access to publicly funded research.

The Association of American Publishes attempted to scuttle the bill by sending a letter filled with inaccurate, misleading information. However, public access advocates made their voices heard to appropriations committee members, again correcting the FUD spread by entrenched publishing interests.

If you’re a California resident, you can contact your Assembly member now to ask that they support AB 609.

No Comments »

California Pushes for Public Access to Taxpayer Funded Research

Timothy Vollmer, April 25th, 2013

ca oa

As we mentioned last week, California has introduced AB 609, the California Taxpayer Access to Publicly Funded Research Act. The bill, sponsored by Assembly Member Brian Nestande, would require that research articles funded through California tax dollars be made available online for free no later than 12 months after publication in a peer-reviewed journal. A letter from the University of California may have prompted the Assembly to modify the text of the draft bill to extend the embargo to 12 months (instead of six), and to include a provision exempting the University of California and California State University from the state agencies that must comply with the legislation, if enacted.

A group of organizations (including Creative Commons) sent a letter to Assembly Member Nestande thanking him for introducing the bill. The letter urged the Assembly to considering strengthening the proposed law by including reuse rights language, such as through the adoption of open licenses:

We encourage you to consider strengthening this legislation by including a provision to ensure that manuscripts reporting on state-funded research be made fully usable by the public. To fully unlock the value of the information contained in these digital articles, they should be made available in formats and under licensing terms that permit users to read, downloaded, search, compute on, data mine or analyze for any lawful purpose.

It also asked for the original 6 month embargo to be reinstated:

Additionally, while we would strongly prefer that these articles be made available to the public immediately upon publication, we would support the inclusion of an embargo period as originally proposed of no longer than six months.

A hearing in the Committee on Accountability and Administrative Review is scheduled for May 1 in Sacramento.

California residents can support the legislation by sending a message to representatives at the Alliance for Taxpayer Access site. More information on the bill is available on the SPARC website.

California icon by Christopher Scott, from the Noun Project, under CC BY.
Unlock icon by J. Ali, from the Noun Project, Public Domain.

No Comments »

Sign the U.S. Petition to Support Public Access to Publicly Funded Scientific Research

Timothy Vollmer, May 21st, 2012

This week, open access advocates in the United States and around the world are rallying around a petition that urges public access to publicly funded research. The petition is now live on Whitehouse.gov’s We the People platform:

Require free access over the Internet to scientific journal articles arising from taxpayer-funded research.

We believe in the power of the Internet to foster innovation, research, and education. Requiring the published results of taxpayer-funded research to be posted on the Internet in human and machine readable form would provide access to patients and caregivers, students and their teachers, researchers, entrepreneurs, and other taxpayers who paid for the research. Expanding access would speed the research process and increase the return on our investment in scientific research.

The highly successful Public Access Policy of the National Institutes of Health proves that this can be done without disrupting the research process, and we urge President Obama to act now to implement open access policies for all federal agencies that fund scientific research.

The Obama Administration has been interested in exploring policy options for ensuring that the public has access to publicly funded research, and recently received nearly 500 comments on its request for information on these issues. Creative Commons recently wrote to the White House asking that taxpayer funded research be made available online to the public immediately, free-of-cost, and ideally under an open license that communicates broad downstream use rights, such as CC BY.

With grassroots petitions like this one, publisher boycotts, updates to funding policies (pdf), and investments in open access, it seems that the “academic spring” has arrived.

The petition can be supported by persons outside of the U.S. You can follow updates from the organizers — Access2Research — on their website, Twitter, and Facebook.

15 Comments »

Stop U.S. legislation that would block public access to publicly funded research

Timothy Vollmer, January 6th, 2012

In December 2011 the U.S. House of Representatives introduced The Research Works Act (H.R.3699), a bill that will ban public access to publicly funded research. SPARC says, “Essentially, the bill seeks to prohibit federal agencies from conditioning their grants to require that articles reporting on publicly funded research be made accessible to the public online.” The bill was introduced by Reps. Darrell Issa (R-CA) and Carolyn Maloney (D-NY). The sponsorship by Issa is odd considering his strong support for OPEN Act, the tolerable alternative to the SOPA/PIPA legislation. The bill stands in stark contrast to OSTP’s recent request for ideas about how the U.S. government can support public access to federally funded research articles and digital data (note: you can still submit comments until January 12 to the OSTP call). One of the primary proponents of the The Research Works Act is The Association of American Publishers, who describe the bill in a press release:

The Research Works Act will prohibit federal agencies from unauthorized free public dissemination of journal articles that report on research which, to some degree, has been federally-funded but is produced and published by private sector publishers receiving no such funding. It would also prevent non-government authors from being required to agree to such free distribution of these works. Additionally, it would preempt federal agencies’ planned funding, development and back-office administration of their own electronic repositories for such works, which would duplicate existing copyright-protected systems and unfairly compete with established university, society and commercial publishers.

The legislation would be toxic for progressive initiatives such as the NIH’s Public Access Policy, which requires scientists to submit final peer-reviewed journal manuscripts that arise from NIH funds to the PubMed Central digital archive. PubMed Central provides free public access to research the public pays for. SPARC’s Alliance for Taxpayer Access website has outlined specific ways that supporters of public access can speak out against this proposed legislation. Especially helpful is contacting the Congressional offices listed below. Please voice your support for public access to publicly funded research.

Representative Issa
@DarrellIssa
http://issa.house.gov/index.php?option=com_content&view=article&id=597&Itemid=73
Fax: (202) 225-3303

Representative Maloney
@RepMaloney
https://maloney.house.gov/contact-me/email-me (Using zip code 10128-3679)
Fax: (202) 225-4709

Members of the House Oversight and Government Reform Committee – especially if you’re a constituent.
http://1.usa.gov/zDqnne

Your representative – through the Alliance for Taxpayer Access Action Center: http://www.congressweb.com/cweb2/index.cfm/siteid/sparc

No Comments »

Reminder: White House wants your input on Public Access to Data and Publications

Timothy Vollmer, November 30th, 2011

In the U.S., the White House Office of Science and Technology Policy (OSTP) has released two Requests for Information (RFI) soliciting public input on long term preservation of and public access to the results of federally funded research, including digital data and peer-reviewed scholarly publications. The deadline for responding to the RFIs is January 2, 2012.

Persons and parties interested in weighing in on the requests can find more information in the Federal Register announcements:

Our friends at SPARC offer some additional guidance, also listed below:

It is important that as many individuals and organizations as possible – at all levels – respond to these requests for information. For reference, the RFI specifically calls for comments from “non-Federal stakeholders, including the public, universities, nonprofit and for-profit publishers, libraries, federally funded and non-federally funded research scientists, and other organizations and institutions with a stake in long-term preservation and access to the results of federally funded research.” Both RFIs pose a series of questions, and respondents should answer those questions as specifically as possible. It should be emphasized that organizations beyond the U.S., with experience with open-access policies, are also invited to contribute.

The input provided through this RFI will inform the National Science and Technology Council’s Task Force on Public Access to Scholarly Publications, convened by OSTP. OSTP will issue a report to Congress describing: 1) Priorities for the development of agency policies for ensuring broad public access to the results of federally funded, unclassified research; 2) The status of agency policies for public access to publications resulting from federally funded research; and 3) Public input collected.

The main point to emphasize is that taxpayers are entitled to access the results of the research our tax dollars fund. Taxpayers should be allowed to immediately access and fully reuse the results of publicly funded research.

Again, the deadline for submissions is January 2, 2012. Submissions to the publications RFI should be sent via email to publicaccess [at] ostp [dot] gov. Submissions to the data RFI should be sent via email to digitaldata [at] ostp [dot] gov. Please note: OSTP will publicly post all submissions after the deadlines (along with names of submitters and their institutions) so please make sure not to include any confidential or proprietary information in your submission. Attachments may be included.

2 Comments »


Subscribe to RSS

Archives

  • collapse2014
  • expand2013
  • expand2012
  • expand2011
  • expand2010
  • expand2009
  • expand2008
  • expand2007
  • expand2006
  • expand2005
  • expand2004
  • expand2003
  • expand2002