Category: Legislation and Government Regulation

Open Access: White House OSTP Releases Public Comments to the RFI on Public Access to Peer-Reviewed Scholarly Publications Resulting from Federally Funded Research

The White House Office of Science and Technology Policy has released public comments to the "Request for Information: Public Access to Peer-Reviewed Scholarly Publications Resulting from Federally Funded Research."

Here is a selection of comments:

Publishers

Scholarly Professional Associations

| Transforming Scholarly Publishing through Open Access: A Bibliography| Digital Scholarship Publications Overview |

Open Access: We the People Petition to Oppose the Research Works Act

A petition for the Obama administration to oppose the Research Works Act (H.R. 3699) is up at the White House's We the People website.

Here's an excerpt:

HR 3699, the Research Works Act will be detrimental to the free flow of scientific information that was created using Federal funds. It is an attempt to put federally funded scientific information behind pay-walls, and confer the ownership of the information to a private entity. This is an affront to open government and open access to information created using public funds.

| Transforming Scholarly Publishing through Open Access: A Bibliography | Digital Scholarship |

Ten Library, Publishing, and Advocacy Organizations Oppose the Research Works Act in Letter

Ten library, publishing, and advocacy organizations have opposed the Research Works Act in a letter sent to the Committee on Oversight and Government Reform of the U.S. House of Representatives.

Here's an excerpt:

We fully respect copyright law and the protection it affords content creators, owners, and users. The NIH Public Access Policy operates fully within current U.S. Copyright law as articles reporting on NIH funded research are copyrightable, and the copyright belongs to the author. The NIH Policy requires only the grant of a non-exclusive license to NIH, fully consistent with federal policies such as Circular A-110 and Circular A-102. The author is free to transfer some or all of the exclusive rights under copyright to a journal publisher or to assign these anywhere they so choose—a freedom crucial to the authors of scientific articles, who rightly want to determine where and how their work is distributed.

Under H.R. 3699, authors of articles reporting on federally funded research would face a new restriction. The proposed bill requires authors to seek the permission of a publisher before their work can be distributed through an online, networked government channel such as NIH’s PubMed Central, even if they themselves—as the author of the work and the relevant rights holder—have already consented to do so, potentially limiting the authors ability to distribute their work as widely as they may wish.

| Transforming Scholarly Publishing through Open Access: A Bibliography | Digital Scholarship |

Research Works Act (H.R. 3699) Threatens Open Access to Publicly Funded Research

Darrell Issa (R-CA) and Carolyn Maloney (D-NY) have introduced the Research Works Act (H.R. 3699), which is aimed at eliminating federal open access policies such as the NIH Public Access Policy. The key passage of the bill states:

No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that—

  1. causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or
  2. requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network dissemination of a private-sector research work.

The Alliance for Taxpayer Access has issued a call to action and a draft letter that can be modified and sent to legislators. Here's an excerpt from the call:

Supporters of public access need to speak out against this proposed legislation. We strongly urge you to contact these offices to express your opposition TODAY, or as soon as possible. To support you, draft letter text is available.

Also, don’t miss a key opportunity to express support for the expansion of the NIH public-access policy to other federal science and technology agencies. There are six days left to respond to the White House requests for information (RFI) on public access to scholarly publications and data (http://www.taxpayeraccess.org/action/action_access/11-1117.shtml).

Read more about it at "Publishers Applaud 'Research Works Act,' Bipartisan Legislation to End Government Mandates on Private-Sector Scholarly Publishing," "Research Works Act H.R.3699: The Private Publishing Tail Trying to Wag the Public Research Dog, Yet Again," and "Trying to Roll Back the Clock on Open Access: Research Works Act Introduced."

[Regular DigitalKoans posts resume on 1/17/12.]

| Transforming Scholarly Publishing through Open Access: A Bibliography | Digital Scholarship |

SOPA/PIPA Alternative: "Fighting the Unauthorized Trade of Digital Goods while Protecting Internet Security, Commerce and Speech"

Senator Ron Wyden and others have released a draft proposal, "Fighting the Unauthorized Trade of Digital Goods while Protecting Internet Security, Commerce and Speech," that presents an alternative to the Stop Online Piracy Act (SOPA) and the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA).

Here's an excerpt:

We found that using trade laws to address the flow of infringing digital goods into the United States makes it possible to avoid many of the pitfalls that would arise from other legislative proposals currently being advanced to combat online infringement. Namely by putting the regulatory power in the hands of the International Trade Commission—versus a diversity of magistrate judges not versed in Internet and trade policy—will ensure a transparent process in which import policy is fairly and consistently applied and all interests are taken into account. When infringement is addressed only from a narrow judicial perspective, important issues pertaining to cybersecurity and the promotion of online innovation, commerce and speech get neglected. By approaching digital good infringement as a matter of regulating international commerce, we are able to take all of these factors into account.

Read more about it at "SOPA on the Ropes? Bipartisan Alternative to 'Net Censorship Emerges."

| Digital Scholarship's Digital Bibliographies | Digital Scholarship |

Library Copyright Alliance Sends Letter to House Committee on the Judiciary about Stop Online Piracy Act

The Library Copyright Alliance has sent a letter to Chairman Lamar Smith and Ranking Member John Conyers of the House Committee on the Judiciary about the Stop Online Piracy Act.

Here's an excerpt:

There are three pending copyright infringement lawsuits against universities and their libraries relating to their use of digital technology One of these cases, AIME v. UCLA, concerns the streaming of films to students as part of their course assignments. These lawsuits reflect a growing tension between rights holders and libraries, and some rights holders' increasingly belligerent enforcement mentality. Moreover, legislation such as SOPA and the PRO-IP Act passed in the 110th Congress, and the activities of the Intellectual Property Enforcement Coordinator (a position created by the PRO-IP Act), encourage federal prosecutors to enforce copyrights law more aggressively.

In this environment, the criminal prosecution of a library for copyright infringement is no longer beyond the realm of possibility. For this reason, we strongly oppose the amendments described above, which would increase the exposure of libraries to prosecution. The broadening of the definition of willful infringement could result in a criminal prosecution if an Assistant U.S. Attorney believes that a library's assertion of fair use or one of the Copyright Act's other privileges is unreasonable. This risk is compounded with streaming, which SOPA would subject to felony penalties even if conducted without purpose of commercial advantage or private financial gain.

| New: Scholarly Electronic Publishing Bibliography, Version 80 | Digital Scholarship |

ALA Issues Action Alert: "Ask Your Senators to Vote ‘NO’ on Overturning Net Neutrality Order"

ALA has issued an action alert: "Ask Your Senators to Vote 'NO' on Overturning Net Neutrality Order."

Here's an excerpt:

This week (Nov. 7-11), the full U.S. Senate will vote on Senate Joint Resolution 6, a bill to overturn the Federal Communications Commission's (FCC) order passed to adopt "net neutrality."

Please call your Senators and ask them to vote "NO" on S.J. Res. 6. Your call sends a loud and clear message that libraries depend on an open and nondiscriminatory Internet to provide our patrons, the public, unfettered access to information.

Additional talking points:

  • Voting no helps preserve the openness of the Internet which is essential to our nation's educational achievement, freedom of speech and economic growth.
  • Without an open and neutral Internet, there is great risk that commercial Internet Service Providers (ISPs) will give higher priority to some users (e.g. give entertainment priority over education).
  • ISPs may seek to impose additional fees on Internet users which could drastically impact libraries who require much greater bandwidth than households to serve their patrons, many at one time.

Read more about it at "Network (Net) Neutrality Legislative Activity."

| Scholarly Electronic Publishing Weblog | Digital Scholarship |

Digital Scholarship |

White House Office of Science and Technology Policy Issues RFIs on Public Access to Federally Funded Scholarly Publications and Digital Data

White House Office of Science and Technology Policy has issued a "Request for Information: Public Access to Peer-Reviewed Scholarly Publications Resulting from Federally Funded Research" and "Request for Information: Public Access to Digital Data Resulting from Federally Funded Scientific Research."

Here's an excerpt from the scholarly publications RFI:

In accordance with Section 103(b)(6) of the America COMPETES Reauthorization Act of 2010 (ACRA; Pub. L. 111-358), this Request for Information (RFI) offers the opportunity for interested individuals and organizations to provide recommendations on approaches for ensuring long-term stewardship and broad public access to the peer-reviewed scholarly publications that result from federally funded scientific research. The public input provided through this Notice will inform deliberations of the National Science and Technology Council's Task Force on Public Access to Scholarly Publications.

Here's an excerpt from the digital data RFI:

In accordance with Section 103(b)(6) of the America COMPETES Reauthorization Act of 2010 (ACRA; Pub. L. 111-358), this Request for Information (RFI) offers the opportunity for interested individuals and organizations to provide recommendations on approaches for ensuring long-term stewardship and encouraging broad public access to unclassified digital data that result from federally funded scientific research. The public input provided through this Notice will inform deliberations of the National Science and Technology Council's Interagency Working Group on Digital Data.

| Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals | Digital Scholarship |

Digital Scholarship |

Stop Online Piracy Act Introduced in House of Representatives

Representative Lamar Smith and others have introduced the H.R. 3261, the Stop Online Piracy Act in the U.S. House of Representatives.

Here's an excerpt from the press release:

A bipartisan group in the House today introduced legislation that expands protections for America's intellectual property (IP) and combats the illegal distribution of counterfeit goods via rogue websites. The Stop Online Piracy Act (H.R. 3261) allows the Attorney General to seek injunctions against foreign websites that steal and sell American innovations and products. The bill increases criminal penalties for individuals who traffic in counterfeit medicine and military goods, which put innocent civilians and American soldiers at risk. And it improves coordination between IP enforcement agencies in the U.S.

Gigi B. Sohn, president and co-founder of Public Knowledge issued a statement about the bill. Here's an excerpt:

The new House legislation (HR 3261) is an unwarranted expansion of government power to protect one special interest. The bill would overturn the long-accepted principles and practices of the Digital Millennium Copyright Act notice and takedown process in favor of a one-sided enforcement mechanism that is far more broad than existing law while not attempting to protect the rights of anyone accused of copyright infringement.

In addition, anyone who writes about, or links to, a site suspected of infringement could also become a target of government action. The bill also features the now well-known dangers to the engineering of the Internet domain-name system (DNS), endangering Internet security while requiring Internet Service Providers and search engines to take on vast new responsibilities to block access to suspected sites.

Read more about it at "House Version of Rogue Websites Bill Adds DMCA Bypass, Penalties for DNS Workarounds."

| Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship |

S.978 Would Make Unauthorized Streaming a Felony with 5 Year Maximum Sentence

Senator Amy Klobuchar and two cosponsors have introduced S.978, which would make unauthorized streaming of copyrighted works a felony.

Here's an excerpt:

‘(2) shall be imprisoned not more than 5 years, fined in the amount set forth in this title, or both, if–

‘(A) the offense consists of 10 or more public performances by electronic means, during any 180-day period, of 1 or more copyrighted works; and

‘(B)(i) the total retail value of the performances, or the total economic value of such public performances to the infringer or to the copyright owner, would exceed $2,500; or

‘(ii) the total fair market value of licenses to offer performances of those works would exceed $5,000;’

Read more about it at "New Bill Upgrades Unauthorized Internet Streaming to a Felony" and “U.S. Bill To Criminalize Illicit Movie/Music Streaming.”

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

New Spanish Law on Science, Technology and Innovation Includes Open Access Policy

The Spanish Congreso de los Diputados has passed the Law on Science, Technology and Innovation, which includes an open access policy.

Here's an excerpt from the bill:

Artículo 37. Difusión en acceso abierto.

  1. Los agentes públicos del Sistema Español de Ciencia, Tecnología e Innovación impulsarán el desarrollo de repositorios, propios o compartidos, de acceso abierto a las publicaciones de su personal de investigación, y establecerán sistemas que permitan conectarlos con iniciativas similares de ámbito nacional e internacional.
  2. El personal de investigación cuya actividad investigadora esté financiada mayoritariamente con fondos de los Presupuestos Generales del Estado hará pública una versión digital de la versión final de los contenidos que le hayan sido aceptados para publicación en publicaciones de investigación seriadas o periódicas, tan pronto como resulte posible, pero no más tarde de doce meses después de la fecha oficial de publicación.
  3. La versión electrónica se hará pública en repositorios de acceso abierto reconocidos en el campo de conocimiento en el que se ha desarrollado la investigación, o en repositorios institucionales de acceso abierto.
  4. La versión electrónica pública podrá ser empleada por las Administraciones Públicas en sus procesos de evaluación.
  5. El Ministerio de Ciencia e Innovación facilitará el acceso centralizado a los repositorios, y su conexión con iniciativas similares nacionales e internacionales.
  6. Lo anterior se entiende sin perjuicio de los acuerdos en virtud de los cuales se hayan podido atribuir o transferir a terceros los derechos sobre las publicaciones, y no será de aplicación cuando los derechos sobre los resultados de la actividad de investigación, desarrollo e innovación sean susceptibles de protección.

Here's the Google Translate version:

Article 37. Open access dissemination.

  1. The public agents of the Spanish Science, Technology and Innovation will drive the development repositories, own or shared access open to the publications of its research staff, and establish systems to connect with similar initiatives at national and international.
  2. The research staff whose activity research is financed mainly with funds from the State Budget will released a digital version of the final version of contents which have been accepted for publication serial research publications or periodicals, as soon as practicable, but no more later than twelve months after the official date publication.
  3. The electronic version will be published in repositories open access recognized in the field knowledge which has developed research or open access institutional repositories.
  4. The public electronic version can be used by the government in its processes evaluation.
  5. The Ministry of Science and Innovation will facilitate centralized access to repositories, and their connection with similar national and international initiatives.
  6. This is without prejudice to agreements under which they have attributed or transferred to third parties rights publications and do not apply when the rights to results of research activities, development and eligible for protection innovation.

Read more about it at "The Congress of Deputies Gives Green Light to Science Act" (in Spanish), "Spain Passes New Science Law," and "Spanish Congress Passes the Law on Science, Technology and Innovation with Open Access Mandate."

| Digital Scholarship | Digital Scholarship Publications Overview | Transforming Scholarly Publishing through Open Access: A Bibliography |

PROTECT IP Act Introduced in Senate

Senators Patrick Leahy (D-Vt.), Orrin Hatch (R-Utah), and Chuck Grassley (R-Iowa) have introduced the PROTECT IP Act (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act) in the Senate.

Here's an excerpt from the press release:

The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act, or PROTECT IP Act, follows bipartisan legislation introduced in 2010, which won the unanimous support of Senate Judiciary Committee members. The PROTECT IP Act narrows the definition of a rogue website, while ensuring that law enforcement can get at the "worst-of-the-worst" websites dedicated to selling infringing goods. Copyright infringement and the sale of counterfeit goods reported cost the U.S. economy billions of dollars and hundreds of thousands of jobs, as well as billions of dollars in lost tax revenue for federal, state and local governments. . . .

The PROTECT IP Act will provide law enforcement with important tools to stop websites dedicated to online piracy and the sale of counterfeit goods, which range from new movie and music releases, to pharmaceuticals and consumer products. Key updates to the PROTECT IP Act include:

  • A narrower definition of an Internet site "dedicated to infringing activities";
  • Authorization for the Attorney General to serve an issued court order on a search engine, in addition to payment processors, advertising networks and Internet service providers;
  • Authorization for both the Attorney General and rights holders to bring actions against online infringers operating an internet site or domain where the site is "dedicated to infringing activities," but with remedies limited to eliminating the financial viability of the site, not blocking access;
  • Requirement of plaintiffs to attempt to bring an action against the owner or registrant of the domain name used to access an Internet site "dedicated to infringing activities" before bringing an action against the domain name itself;
  • Protection for domain name registries, registrars, search engines, payment processors, and advertising networks from damages resulting from their voluntary action against an Internet site "dedicated to infringing activities," where that site also "endangers the public health," by offering controlled or non-controlled prescription medication.

Read more about it at "Leahy's Protect IP Bill Even Worse Than COICA," "The 'PROTECT IP' Act: COICA Redux," and "Senate Bill Amounts to Death Penalty for Web Sites."

| Digital Scholarship | Digital Scholarship Publications Overview | Reviews of Digital Scholarship Publications | Scholarly Electronic Publishing Bibliography |

Reader Privacy Act of 2011

Senator Leland Yee (D-San Francisco) has introduced the Reader Privacy Act of 2011 in the California State Senate.

Here's an excerpt from the press release:

Today, California Senator Leland Yee (D-San Francisco) announced the Reader Privacy Act of 2011 – legislation that would require government agencies to seek a warrant or court order in order to access consumers' reading records from bookstores and online retailers.  SB 602 would establish consumer protections for book purchases similar to long-established privacy laws for library records.

"Current law is completely inadequate when it comes to protecting one's privacy for book purchases, especially considering the increasing popularity of online shopping and electronic books," said Yee. "Individuals should be free to buy books without fear of government intrusion and witch hunts. If law enforcement has reason to suspect wrongdoing, they can obtain a warrant for such information."

Many bookstores already collect information about readers and their purchases.  Digital book services can collect even more detailed information including which books are browsed, how long each page is viewed, and even digital notes made in the margins.

Historically, sensitive reader information has come under fire. During the McCarthy hearings of the 1950s, Americans were questioned about whether they had read Marx or Lenin. In the years following September 11, 2001, the FBI sought patron information from more than 200 libraries.

Just this past year, Amazon was asked by the North Carolina Department of Revenue to turn over 50 million purchase records including books, videos, and other expressive material. 

SB 602 will update California state law to ensure that government and third parties cannot access Californians' reading records without proper justification. . . .

SB 602 will receive its first hearing in Senate Judiciary Committee in April.

| Digital Scholarship | Digital Scholarship Publications Overview | Scholarly Electronic Publishing Bibliography 2010 |

House Passes H.R.1, Blocks Funding for Implementing FCC’s Net Neutrality Rules

The U.S. House of Representatives passed H.R.1—Full-Year Continuing Appropriations Act, 2011. Sixty-seven of 583 proposed amendments passed, including number 404 by Rep. Greg Walden (R-Ore.) that blocks funding to support the implementation of the FCC's net neutrality rules and number 196 by Rep. Tim Walberg (R-Mich.) that cuts funding for the National Endowment for the Arts by $20.5 million.

Read more about it at "Advocacy Works: Garrett Backs Down on Amendment to Zero Out IMLS," "Rogers: CR is a 'Monumental Accomplishment' for American Taxpayers," and "What Budget-Cutting Amendments Has the House Passed This Week?"

| Digital Scholarship | Digital Scholarship Publications Overview |

Action Alert: Proposed FY2011 Continuing Resolution Amendment Would Eliminate Institute of Museum and Library Services’s Funding

A proposed amendment (no. 35) to the FY2011 Continuing Resolution amendment by U.S. Rep. Scott Garret (R-NJ) would eliminate the Institute of Museum and Library Services’s funding.

You can use the ALA's "ADVOCACY URGENTLY NEEDED: House Considering Two Amendments Critical to the Future Of Libraries" web page to contact your Representative about this issue.

In related news, President Obama's budget requests $242,605,000 for fiscal year 2012 for the IMLS.

| Digital Scholarship | Digital Scholarship Publications Overview |

Net Neutrality Alert: Public Knowledge Announces the "Internet Strikes Back" Day

Public Knowledge has announced the "Internet Strikes Back" Day (2/17/11) to support net neutrality.

Here's an excerpt from the press release:

Public Knowledge has set this Thursday, Feb. 17, as "Internet Strikes Back" day to counter Congressional opposition to a fair and open Internet.

The day was chosen because it is one day after members of the House Energy and Commerce Committee hold a hearing to unveil legislation that would roll back current Federal Communications Commission (FCC) Net Neutrality rules and prohibit the Commission from enacting future rules.   On that day following the hearing, members of the public are being asked to call their member of Congress and oppose the legislation.

PK has set up a Web site, www.theinternetstrikesback.org which will allow visitors to sign up for mobile action alerts, including a text message reminder, and download an Internet Strikes Back badge for web sites.

| Digital Scholarship | Digital Scholarship Publications Overview |

Action Alert: H.R. 408 Would Eliminate National Endowment for the Humanities

Rep. Jim Jordan (R-OH) has introduced H.R. 408, the Spending Reduction Act of 2011, which would eliminate the National Endowment for the Humanities. Senator Jim DeMint (R-SC) has introduced similar legislation (S. 178) in the Senate.

The National Humanities Alliance has posted two items about this issue: "Republican Study Committee Leaders Unveil Spending Reduction Act of 2011" and, on the DuraSpace Blog, "Proposal to Eliminate the National Endowment for the Humanities in U.S. Congress."

You can use the NHA's Legislative Action Center Contact Form to send messages to your Congressional representatives. The form includes suggested bullet points that you can include in your message.

| Digital Scholarship | Digital Scholarship Publications Overview |

"Issue Brief: FCC’s Net Neutrality Rules and Implications for Research Libraries"

The Association of Research Libraries has released "Issue Brief: FCC's Net Neutrality Rules and Implications for Research Libraries."

Here's an excerpt:

FCC Votes to Enact "Net Neutrality" Rules: After years of debate and consideration, on December 21, 2010, the Federal Communications Commission ("FCC") voted 3-2 in favor of enacting a narrow set of net neutrality rules to regulate the practices of broadband providers. "Net neutrality" is the principle that Internet users should have the right to access and provide content and use services via the Internet as they wish, and that network operators should not be allowed to "discriminate"—slow, block, or charge fees—for Internet traffic based on the source or content of its message. . . .

The wording of the net neutrality rules, advanced by FCC Chairman Julius Genachowski, appears to reflect an attempt at a compromise between network operators and advocates for strong net neutrality protections—including ARL, ALA, and EDUCAUSE. Ultimately, however, the limited scope of protection in the rules has not fully satisfied the concerns voiced by parties on both sides of the issue and thus has set the stage for further debate over regulation in the courts and in Congress.

| Digital Scholarship |

America COMPETES Act Establishes Interagency Public Access Committee

The signing of the America COMPETES Reauthorization Act of 2010 by President Obama establishes a new Interagency Public Access Committee. The International Association of Scientific, Technical & Medical Publishers (STM) has issued a press release that "applauds the efforts of US legislators in crafting the charter of the Interagency Public Access Committee."

Here's an excerpt from the Act:

SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE.

(a) ESTABLISHMENT.—The Director shall establish a working group under the National Science and Technology Council with

the responsibility to coordinate Federal science agency research and policies related to the dissemination and long-term stewardship of the results of unclassified research, including digital data and peer-reviewed scholarly publications, supported wholly, or in part, by funding from the Federal science agencies.

(b) RESPONSIBILITIES.—The working group shall—

(1) identify the specific objectives and public interests that need to be addressed by any policies coordinated under (a);

(2) take into account inherent variability among Federal science agencies and scientific disciplines in the nature of research, types of data, and dissemination models;

(3) coordinate the development or designation of standards for research data, the structure of full text and metadata, navigation tools, and other applications to maximize interoperability across Federal science agencies, across science and engineering disciplines, and between research data and scholarly publications, taking into account existing consensus standards, including international standards;

(4) coordinate Federal science agency programs and activities that support research and education on tools and systems required to ensure preservation and stewardship of all forms of digital research data, including scholarly publications;

(5) work with international science and technology counterparts to maximize interoperability between United States based unclassified research databases and international databases and repositories;

(6) solicit input and recommendations from, and collaborate with, 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;

(7) establish priorities for coordinating the development of any Federal science agency policies related to public access to the results of federally funded research to maximize the benefits of such policies with respect to their potential economic or other impact on the science and engineering enterprise and the stakeholders thereof;

(8) take into consideration the distinction between scholarly publications and digital data;

(9) take into consideration the role that scientific publishers play in the peer review process in ensuring the integrity of the record of scientific research, including the investments and added value that they make; and

(10) examine Federal agency practices and procedures for providing research reports to the agencies charged with locating and preserving unclassified research.

(c) PATENT OR COPYRIGHT LAW.—Nothing in this section shall be construed to undermine any right under the provisions of title 17 or 35, United States Code.

(d) APPLICATION WITH EXISTING LAW.—Nothing defined in section

(b) shall be construed to affect existing law with respect to Federal science agencies’ policies related to public access.

(e) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Director shall transmit a report to Congress describing—

(1) the specific objectives and public interest identified under (b)(1);

(2) any priorities established under subsection (b)(7);

(3) the impact the policies described under (a) have had on the science and engineering enterprise and the stakeholders, including the financial impact on research budgets;

(4) the status of any Federal science agency policies related to public access to the results of federally funded research; and

(5) how any policies developed or being developed by Federal science agencies, as described in subsection (a), incorporate input from the non-Federal stakeholders described in subsection (b)(6).

(f) FEDERAL SCIENCE AGENCY DEFINED.—For the purposes of this section, the term ‘‘Federal science agency’’ means any Federal agency with an annual extramural research expenditure of over $100,000,000.

| Digital Scholarship |

ALA Issues Urgent Call to Action about Museum and Library Services Act

ALA has issued a urgent call to action about the reauthorization of the Museum and Library Services Act.

Here's an excerpt from the press release:

Please call the U.S. Capitol Switchboard at 202-224-3121 and ask to be transferred to your representative’s office. Tell their staffs that passing S. 3984, the Museum and Library Services Act (MLSA), is imperative to ensuring libraries can continue providing critical resources to their constituents, particularly in this tough economy. Specifically highlighting programs or resources your library provides to the member’s constituents will make your message stronger.

MLSA will ensure that the Library Services and Technology Act (LSTA) funds are secured and the Institute of Museum and Library Services (IMLS) is equipped to lead America’s libraries. This bill received bipartisan support from both Senate Republicans and Democrats, especially Senator Jack Reed (D-RI), who is a longtime supporter of libraries in this country. Other Senate sponsors of this bill include Sens. Richard Burr (R-NC), Thad Cochran (R-MS), Susan Collins (R-ME), Michael Enzi (R-WY), and Tom Harkin (D-IA) and Jon Tester (D-MT). To access the full text of this bill, click here.

The U.S. Senate passed MLSA Reauthorization under unanimous consent late Tuesday night, bringing the bill one step closer to reauthorization before the end of the 111th Congress.

MLSA has moved to the U.S. House of Representatives where it must receive a vote before the end of the calendar year. Please call your representative and urge him or her to press House leadership for a vote on the Senate-passed version of MLSA and to support the bill.

| Digital Scholarship |

Alliance for Taxpayer Access Issues Call to Action for Federal Research Public Access Act (FRPAA)

The Alliance for Taxpayer Access has issued a call to action for the Federal Research Public Access Act (FRPAA).

Here's an excerpt from the announcement:

All supporters of public access – universities and colleges, researchers, libraries, campus administrators, patient advocates, publishers, consumers, individuals, and others – are asked to ACT NOW to support The Federal Research Public Access Act (FRPAA). See below for actions you can take.

Now before both the House of Representatives and the Senate, FRPAA would require those agencies with annual extramural research budgets of $100 million or more to provide the public with online access to research manuscripts stemming from such funding no later than six months after publication in a peer-reviewed journal. The bill gives individual agencies flexibility in choosing the location of the digital repository to house this content, as long as the repositories meet conditions for interoperability and public accessibility, and have provisions for long-term archiving.

The bill specifically covers unclassified research funded by agencies including: Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Environmental Protection Agency, National Aeronautics and Space Administration, and the National Science Foundation.

FRPAA reflects the growing trend among funding agencies – and college and university campuses – to leverage their investment in the conduct of research by maximizing the dissemination of results.  It follows the successful path forged by the NIH’s Public Access Policy, as well as by private funders like the Wellcome Trust and campuses such as Harvard, MIT, and the University of Kansas. The bill also reflects the Administration’s recent expression of interest in the potential implementation of public access policies across U.S. science and technology agencies – as indicated by the call for public comment issued by the Office of Science and Technology Policy, which closed in January.

Detailed information about the Federal Research Public Access Act is available at http://www.taxpayeraccess.org/frpaa.

Here’s how you can help support this legislation:

  1. Send thanks to the Bill’s sponsors, also through the ATA Action Center.
  2. Ask your representatives in Congress to co-sponsor H.R.5037 or S.1373. Act now through the ATA Legislative Action Center.
  3. Express your organization’s support to Congress for public access to taxpayer-funded research and for this bill. Send a copy of your letter to sparc [at] arl [dot] org.
  4. Issue a public statement of support from your organization and share it widely with members, colleagues, and the media. Send a copy to sparc [at] arl [dot] org to be featured on the FRPAA Web site.
  5. Share news about this bill with friends and colleagues.
  6. Post the "I support taxpayer access" banner on your Web site.
  7. See the ATA Web site at http://www.taxpayeraccess.org/frpaa for more ways you can support public access to publicly funded research and this bill.

You can use the Legislative Action Center (item 1 above) to oppose H.R.801 (Fair Copyright in Research Works Act), a bill to repeal the NIH public access policy.

Open Access Call to Action from Alliance for Taxpayer Access

The Alliance for Taxpayer Access has issued a call to action to thank Representative Wm. Lacy Clay for holding a Congressional hearing on public access to federally funded research.

Here's an excerpt from the call:

On Thursday, July 29, the Information Policy, Census and National Archives Subcommittee of the House Committee on Government Oversight and Reform held the first-ever Congressional hearing on the issue of public access to federally funded research.  The Subcommittee, chaired by The Honorable Representative Wm. Lacy Clay (D-MO), invited ten witnesses, representing a broad cross-section of the stakeholder communities affected by this issue, to testify on the implications of opening access to the results of publicly funded research.

The open, public hearing was a crucial and timely examination of the issue of public access and its advancement. For full details, including witness testimony, visit http://www.taxpayeraccess.org/issues/access/access_resources/10-0814.shtml.

All supporters of public access to publicly funded research are urged to please write to Chairman Clay to express thanks for taking this important step in Congress. Talking points and contact information are included for your use below. Your action is requested NO LATER THAN SEPTEMBER 17th.

As ever, please send copies of letters to SPARC/Alliance for Taxpayer Access via email to jennifer [at] arl [dot] org.

And thanks, once again, for your continued support for public access! If you have any questions, please don’t hesitate to contact us:

Heather Joseph
Spokesperson
(202) 296-2296 ext. 157
heather [at] arl [dot] org

Jennifer McLennan
Director of Programs and Operations, SPARC
(202) 296-2296 ext. 121
jennifer [at] arl [dot] org
 

Talking points:

  • On behalf of the [your organization], which represents [number and type of membership], I write to thank you for your leadership in convening the first open hearing on public access to federally funded research. 
  • We believe that ensuring timely, barrier-free access to the results of the science and scholarship that our tax dollars underwrite will make possible an unprecedented variety of potential connections and discoveries, and improve the lives and welfare of people in the U.S. and around the world. We fully support policies that can turn this belief into a reality.
  • Your hearing was an invaluable and timely examination of the potential benefits of public access to the results of our nation’s $60 billion annual investment in scientific research.
  • By ensuring the hearing was inclusive and open, you created a very valuable forum for the diverse range of perspectives on the issue to be represented and explored.
  • The direction and nature of your questions also helped to surface key topics of discussion and provide much-needed clarity.
  • [detail why public access to research is important to your organization]
  • We look forward to working with you to continue to advance successful public access policies in Congress.

[end talking points]

Contact information:

The Honorable Representative Wm. Lacy Clay
Chairman, Information Policy, Census and National Archives Subcommittee
Committee on Oversight and Government Reform
U.S. House of Representatives
2157 Rayburn House Office Building
Washington, D.C. 20515
Via email: anthony.clark [at] mail [dot] house [dot] gov

H.R. 5704 Would Extend Copyright Protection to Works of Faculty at Department of Defense Service Academies and Schools of Professional Military Education

Rep. Todd Platts has introduced H.R. 5704 in the House, which would "allow faculty members at Department of Defense service academies and schools of professional military education to secure copyrights for certain scholarly works that they produce as part of their official duties in order to submit such works for publication, and for other purposes." Such works are currently in the public domain.

Read more about it at "Bill Would Curb Access to Government Works."

ALA: "Copyright Update—June 2010"

The ALA Office of Government Relations has released "Copyright Update—June 2010."

Here's an excerpt:

Rep. Conyers (D-MI), chairman of the U.S. House of Representatives Committee on the Judiciary, introduced The Fair Copyright in Research Works Act (H.R. 801) on February 3, 2009. Unfortunately, this not-so-new bill seeking to amend copyright code and create a new category of copyrighted work differs only in the bill number assigned from its predecessor in the 110th Congress (H.R. 6845) that ultimately died in the House Judiciary Committee.

Just as in the last Congress, H.R. 801 negates or reverses the National Institutes of Health (NIH) Public Access Policy currently in place, rolling back hard-fought progress on public access to taxpayer-funded NIH research on the Internet. The bill would effectively reverse the NIH Public Access Policy, as well as make it impossible for other federal agencies to put similar policies into place. Library advocates should continue to express to their members of Congress they strongly oppose H.R. 801, as it seeks to amend copyright law and reverse the NIH Public Access Policy.