Contact the Senate about the NIH Public Access Policy by 9/28/07

The Alliance for Taxpayer Access, whose membership includes major library associations, has issued a new call to action about the NIH Public Access Policy that urges interested parties to contact their Senators by Friday, September 28, 2007. You can easily contact your senators using the ALA Action Alert Web form with my cut-and-paste version of ALA/ATA text or you can fax your Senators using the fax numbers in the press release (use the below link to get to the full press release)

Here's an excerpt from the press release:

As the Senate considers Appropriations measures for the 2008 fiscal year this fall, please take a moment to remind your Senators of your strong support for public access to publicly funded research and – specifically – ensuring the success of the National Institutes of Health (NIH) Public Access Policy by making deposit mandatory for researchers.

Earlier this summer, the House of Representatives passed legislation with language that directs the NIH to make this change (http://www.taxpayeraccess.org/media/release07-0720.html). The Senate Appropriations Committee approved a similar measure (http://www.taxpayeraccess.org/media/release07-0628.html). Now, as the Appropriations process moves forward, it is critically important that our Senators are reminded of the breadth and depth of support for enhanced public access to the results of NIH-funded research. Please take a moment to weigh in with your Senator now. . . .

Feel free to draw upon the following talking points:

  • American taxpayers are entitled to open access on the Internet to the peer-reviewed scientific articles on research funded by the U.S. government. Widespread access to the information contained in these articles is an essential, inseparable component of our nation's investment in science.
  • The Fiscal Year 2008 Labor/HHS Appropriations Bill reported out of committee contains language directing the National Institutes of Health (NIH) to change its Public Access Policy so that it requires NIH-funded researchers to deposit copies of agency-funded research articles into the National Library of Medicine’s online archive.
  • Over the more than two years since its implementation, the NIH's current voluntary policy has failed to achieve any of the agency's stated goals, attaining a deposit rate of less than 5% by individual researchers. A mandate is required to ensure deposit in NIH’s online archive of articles describing findings of all research funded by the agency.
  • We urge the Senate to support the inclusion of language put forth in the Labor/HHS Appropriations bill directing the NIH to implement a mandatory policy and ensuring free, timely access to all research articles stemming from NIH-funded research – without change – in any appropriate vehicle.

(We’ll be making additional resources for patient advocates – including the recording of our August 30 Web cast and specific talking points – available shortly as well.

What's in Your Wallet? Three Librarian Salary Surveys

Three surveys of librarian salaries have been recently published.

The Association of Research Libraries has published the ARL Annual Salary Survey 2006-07. PDF and Excel versions are freely available.

ALA has published the 2007 editions of the ALA-APA Salary Survey: Librarian—Public and Academic and the ALA-APA Salary Survey: Non-MLS—Public and Academic. Various priced access options are available.

Here's an excerpt from the ALA press release:

Analysis of data from more than 800 public and academic libraries showed the mean salary for librarians with ALA-accredited Master’s Degrees increased 2.8 percent from 2006, up $1,550 to $57,809. The median ALA MLS salary was $53,000. Salaries ranged from $22,048 to $225,000.

For the first time the non-MLS salary survey data, including 62 non-MLS positions, reported salaries for staff employed as librarians but who do not have ALA-accredited Master’s Degrees in Library Science. Non-MLS salaries ranged $10,712 to $143,700.

ACRL Recommends Next Steps for Supporting NIH Mandate

As reported on DigitalKoans previously, the House passed H. R. 3043, which includes the NIH deposit mandate.

ACRL has some suggestions about follow-up actions that supporters of the mandate can take as the battle moves to the Senate.

Here’s an excerpt from ACRL Legislative Update:

  1. Send a thank you note if your Representative voted yes to pass the House appropriations bill (check the roll call). Your legislators want to hear from you and need to know they did the right thing.
  2. Contact both of your Senators during August. While a phone call, e-mail or fax would work, consider taking advantage of the fact that they are home for the August recess. Make a visit to the local district office or invite your Senators to visit your library. Urge them to maintain the language put forth by the Senate appropriations committee on the NIH public access policy. Find talking points and contact info in the ALA Legislative Action Center.
  3. Ask library advocates in your state to talk to their Senators.
  4. Talk about this issue with leaders on your campus—your government relations office, library advisory committee, faculty senate—to enlist individual and institutional support.

ALA Weblogs and Creative Commons Licenses

The American Library Association and its divisions have launched a number of Weblogs in the last few years. What copyright provisions are these digital publications under? Do they use Creative Commons licenses?

As the list below shows, the vast majority of ALA Weblogs have no explicit copyright statement on their homepage. The absence of such a statement does not mean that under U.S. law the Weblogs are not under standard copyright provisions. They are copyrighted, but by who? Unless ALA has a copyright transfer or work-for-hire agreement with Weblog authors, it appears that the author of each posting holds the copyright to that posting, and copyright permissions for uses of postings that exceed fair use would need to be obtained from their authors. (Some Weblogs have a single author.)

One ALA Weblog uses the standard ALA copyright statement (ALA Techsource), one is copyrighted under the name of the Weblog (ACRLog), one is under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States license (YALSA), and three others are under Creative Commons Attribution-NonCommercial-NoDerivs 2.5 licenses (District Dispatch, LITA Blog, and Office for Intellectual Freedom).

Thus, the vast majority of ALA Weblogs are under standard copyright provisions, one is under ALA’s more liberal copyright provisions, and a few are under Creative Commons Licenses that permit noncommercial use without further permission as long as it does not include the creation of derivative works.

More on ALA and Open Access

Peter Suber has provided clarification of ALA’s stance on open access in the below Open Access News posting excerpt:

Comment. This is the most detailed discussion I’ve seen of this question. You should read the whole thing, as I’ve had to omit most of the detail on which Charles’ conclusion rests. I’d only add that (1) the ALA Washington office has a page on OA, (2) the ALA Council adopted a resolution in support of FRPAA at its June 2006 annual meeting, and (3) the ALA has signed on to several public statements in support of OA, most recently a July 12 letter in support of FRPAA and a May 31 letter in support of the EC report on OA.

To further clarify this matter, FRPAA (Federal Research Public Access Act of 2006) and the European Commission’s Study on the Economic and Technical Evolution of the Scientific Publication Markets in Europe both deal with open access to publicly-funded research. This is certainly a major open access issue; however, ALA journals are unlikely to publish a high percentage of papers that result from such publicly-funded research. Consequently, the direct impact of FRPAA or, especially, the EC report on ALA’s journal publishing operations is likely to be minimal.

In contrast to this support for FRPAA and the EU report, ALA has not signed the "Budapest Open Access Initiative" (as other library organizations such as the Association of Academic Health Services Libraries, ALA’s Association of College and Research Libraries Division, the Association of Research Libraries, and the Canadian Association of Research Libraries have), the "Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities," or the "Washington DC Principles for Free Access to Science" (as many association publishers have).

The path from the ALA home page to the Washington Office page is: Home–> Washington Office –> Issues–> Copyright Issues–> Open Access to Research. The ALA Web site is quite large and deep, and one would not expect an OA page to be on the top level. The question is: Can this page be found by someone who doesn’t know that open access is a Washington Office concern? It appears that issues of primary concern to ALA are under the home page heading "Issues & Advocacy" (Home –> Issues & Advocacy).

Whether ALA provides more active support for the open access movement and its reform strategies is, of course, up to its officers and members. These two postings on the matter have been descriptive, not prescriptive. Further clarifications to ALA’s stance on open access or discussion of it are welcome, and can be submitted as comments to either posting.

The American Library Association and Open Access

Does the American Library Association (ALA) support open access and, if so, are its journal publishing practices congruent with open access journal publishing and self-archiving?

What is the American Library Association?

For non-librarians, a brief overview of the American Library Association (ALA) from its Web site may be helpful before considering its open access policies and practices

The American Library Association is the oldest and largest library association in the world, with more than 64,000 members. Its mission is to promote the highest quality library and information services and public access to information.

ALA’s Mission and Strategic Plans

Several key documents outline ALA’s mission and strategic goals:

Although the ALA’s mission and goals have become less library-centric over time, there is no explicit statement of support for open access in any of these documents.

ALA Memberships in Organizations That Support Open Access Initiatives

ALA is a member of at least two organizations that support open access initiatives: (1) the Alliance for Taxpayer Access (ATA), and (2) the SPARC Open Access Working Group. (ALA is not a member of SPARC, but its Association of College and Research Libraries division, known as ACRL, is.)

Information about these ARL memberships certainly exists in the ALA Web site, but it is deeply buried and difficult to find by navigating the site’s menu structure (see the Google site searches for ATA and the SPARC Open Access Working Group).

ALA’s Journal Copyright Agreements

ALA has two copyright agreements: (1) Copyright Assignment Agreement and (2) Copyright License Agreement.

In the Copyright Assignment Agreement, the author: "hereby grants to Publisher all right, title and interest in and to the Work, including copyright in all means of expression by any method now known or hereafter developed, including electronic format." ALA then grants back to the author one broad self-archiving right: "The right to use and distribute the Work on the Author’s Web site." It also grants a narrow right: "The right to use and distribute the Work internally at the Author’s place of employment, and for promotional and any other non-commercial purposes." Authors who use this agreement cannot self-archive in public sections of institutional repositories or in disciplinary archives.

In the Copyright License Agreement, the author retains copyright and then grants to ALA the rights needed to publish the article, with the only restriction on the author being that: "Author agrees not to publish the Work in print form prior to the publication of the Work by the Publisher." Authors who can choose this option can self-archive where ever they want.

ALA’s Journals

ALA publishes a number of serials. This section only considers its major journals. Since it is impossible to determine from their Web sites if some ALA journals are peer-reviewed, there has been no effort to distinguish peer-reviewed journals from those with other editorial policies.

  1. Children and Libraries: The Journal of the Association for Library Service to Children: The Web site provides no table of contents information or online access at all, although there is a link that says: "Click here to subscribe to Children and Libraries online now!" The Policies and Procedures page says: "All material in CAL is subject to copyright by ALA and may be reprinted or photocopied and distributed for the noncommercial purpose of educational or scientific advancement." There are no links to the ALA copyright forms. Verdict: Not an open access journal and, since it is unclear whether the Copyright License Agreement is accepted, it may only support limited self-archiving.
  2. College & Research Libraries: There is a six-month embargo period, after which issues are freely available at the Web site. Volume 57 (1996) through volume 66 (2005) are freely available. The journal page solely links to the Copyright License Agreement. Verdict: Not an open access journal, but fully supports self-archiving.
  3. Information Technology and Libraries: Recently, the journal’s access policy changed. There will be a six-month embargo period, after which issues will be freely available at the Web site. Selected articles from volume 20 (2001) through volume 23 (2004) are freely available. The home page links to both ALA copyright agreements. Verdict: Not an open access journal, but fully supports self-archiving. (Disclosure: Since ALA Annual, I have been on the Editorial Board.)
  4. Library Administration and Management: Web site only provides access to table of contents information. No discussion of copyright agreements in Author Instructions. Verdict: Not an open access journal and, since it is unclear whether the Copyright License Agreement is accepted, it may only support limited self-archiving.
  5. Library Resources & Technical Services: Web site provides access to table of contents information and the full-text of volumes 44 (2000) through 46 (2002). Instructions to Authors page links to both ALA copyright agreements. Not an open access journal, but fully supports self-archiving.
  6. Public Libraries: Web site provides free access to volume 42 (2002) through volume 44 (2005). There is no discussion of copyright in the Public Libraries Editorial Guidelines page, and there are no links to the ALA copyright forms. Verdict: Not an open access journal and, since it is unclear whether the Copyright License Agreement is accepted, it may only support limited self-archiving.
  7. RBM: A Journal of Rare Books, Manuscripts, and Cultural Heritage: Volume 13 (1998) (of the prior journal) through volume 6 (2005) are freely available. No links to ALA copyright agreements. Guidelines for Submission of Articles to RBM page states: "Articles published in RBM are copyrighted by the American Library Association, and subsequent inquiries for reprinting articles are referred to the ALA Office of Rights and Permissions." Verdict: Not an open access journal. Since it is unclear whether the Copyright License Agreement is accepted, it may only support limited self-archiving.
  8. Reference & User Services Quarterly: Web site only provides access to table of contents information and article abstracts. Information for Authors, Advertisers, and Subscriptions page links to both ALA copyright agreements. Not an open access journal, but fully supports self-archiving.
  9. School Library Media Research: Web site provides free access to all issues. Manuscript Policy page links to both ALA copyright agreements. An open access journal under the most liberal definition of that term (i.e., free, immediate access without using a Creative Commons Attribution License or similar license) that fully supports self-archiving.
  10. Young Adult Library Services: Web site only provides access to table of contents information. Author Guidelines page states: "A manuscript published in the journal is subject to copyright by ALA for Young Adult Library Services." There are no links to the ALA copyright forms. Verdict: Not an open access journal and, since it is unclear whether the Copyright License Agreement is accepted, it may only support limited self-archiving.

It should be noted that the Science and Technology Section of ACRL publishes Issues in Science & Technology Librarianship, a freely available e-journal whose Instructions for Authors page does not discuss copyright at all; however, ALA does not list this journal on its American Library Association Periodicals page, which "is a list of the various newsletters, magazines, and journals published within the American Library Association, including those which are only available over the Internet."

Summary

This brief investigation has not attempted to determine whether the divisions of ALA more vigorously support and enact open access principles than the parent organization. The Association of College and Research Libraries is certainly known for its general support (e.g., see ACRL Taking Action, Principles and Strategies for the Reform of Scholarly Communication, and Scholarly Communication Toolkit).

A user starting at the ALA home page would be hard pressed to find any information that suggests that ALA is an advocate of open access without using the search function. Yet, there are a number of pages on the site that deal with it, although many are ACRL Web site pages or serial articles.

ALA’s mission statements and plans reveal no explicit support for open access; however, ALA belongs to at least two organizations that support it: (1) the Alliance for Taxpayer Access (ATA), and (2) the SPARC Open Access Working Group.

Out of ten major journals that it publishes, ALA only publishes one open access journal: School Library Media Research. Two journals (College & Research Libraries and Information Technology and Libraries) have a clear six-month embargo policy. Two more (Public Libraries and RBM: A Journal of Rare Books, Manuscripts, and Cultural Heritage) may also be operating under an embargo policy. One provides free access to a subset of older back volumes (Library Resources & Technical Services). The rest only provide table of contents information, some with abstracts, or, in one case, no information at all.

Five journals (College & Research Libraries, Information Technology and Libraries, Library Resources & Technical Services, Reference & User Services Quarterly, School Library Media Research) clearly offer authors the option of the Copyright License Agreement, which fully supports all types of self-archiving. For the rest, it is unclear from the journal’s Web sites if this option is permitted, and only the Copyright Assignment Agreement may be available, which only permits self-archiving on the author’s Web site or on internal systems at the author’s place of employment (presumably including an access-restricted part of an institutional repository). It may be the case that all ALA journals permit the use of the Copyright License Agreement; however, this is impossible to determine from some their Web sites, a subset of which have language that appears to indicate otherwise.

As a whole, the American Library Association appears to support the open access movement to a limited extent. If this is incorrect and its support is strong, ALA appears to be having difficulty making its commitment visible and "walking the talk."