University of Minnesota Launches the Digital Conservancy

The University of Minnesota has launched its institutional repository, the Digital Conservancy. It utilizes DSpace.

Here's a description from the University Digital Conservancy FAQ page:

The University Digital Conservancy is a program of the University of Minnesota, administered by the University Libraries. The program provides stewardship, reliable long-term open access, and broad dissemination of the digital scholarly and administrative works of University of Minnesota faculty, departments, centers and offices. Materials in the Conservancy are freely available online to the University community and to the public.

Here are selected web pages about the Digital Conservancy:

Institutional Repositories: DOA?

Of late, an air of discouragement has begun to permeate discussions about institutional repositories. Of course, this is understandable. E-print deposit rates have been disappointing, deposit mandates hard to come by, and real operational costs have been higher than some imagined.

Are institutional repositories dead on arrival?

The answer is determined by our expectations.

If we expect swift, easy, rapid progress with university administrators and faculty enthusiastically rallying behind institutional repositories, the answer is "yes." The thrill of putting up the repository software and seeing the initial inflow of e-prints is, for many, gone; the experiment has failed; and it's time to cut our losses and move on.

On the other hand, if we expect that the establishment of fully functional institutional repositories will be a complex, lengthy, and expensive venture, we are on target, and remarkable progress has been made worldwide in a short period of time.

I'm in the latter camp. I cannot say this enough: successful institutional repositories are not primarily determined by technical factors, rather they are determined by attitudinal factors. In other words, faculty, especially key faculty such as holders of endowed chairs and journal editors, and university administrators, especially provosts and presidents, must be convinced that institutional repositories are essential infrastructure for the 21st century. For the most part, the argument rests on the scholarly communication crisis theme, with institutional repositories portrayed as part of the remedy. However, institutional prestige, institutional visibility, and improved citation impact factors are important themes as well. The successful, relentless communication of these themes to key constituencies is essential to the successful establishment of institutional repositories.

In my view, the best strategy for a institution without a repository is to start a vigorous scholarly communication outreach program first. The next best strategy is to do so in parallel with putting up an institutional repository. Next is to implement a scholarly communication program after the repository is up. The worst strategy is to put up a repository with no scholarly communication program—this is a recipe for failure.

So, chin up. It will take slow, steady effort to succeed, but it will be worth it in the end.

Look Out LexisNexis: Malamud Wants Free Access to Court Decisions

In a move that could change the $5 billion legal publishing marketplace, Carl Malamud, who established public.resource.org earlier this year, plans on making more than ten million court decisions freely available on the Internet.

Here's an excerpt from "A Quest to Get More Court Rulings Online, and Free":

Mr. Malamud has a significant track record in battling publishers over public information. In 1994 he began a crusade that ultimately persuaded the federal government to make records from the Securities and Exchange Commission and the Patent and Trademark Office available online to the public at no cost.

He said the free availability of that digital information did not undercut the businesses that were making money from the information at the time. . . .

The Public Resource effort is one of several attempts to make the nation's laws more accessible. One project, AltLaw (altlaw.org) is a joint effort by Columbia Law School’s Program on Law and Technology and the Silicon Flatirons program at the University of Colorado Law School to permit free full-text searches of the last decade of federal appellate and Supreme Court opinions.

Source: Markoff, John. "A Quest to Get More Court Rulings Online, and Free." The New York Times, 20 August 2007, B6.

Athabasca University Establishes AU Press, an Open Access Publisher

Athabasca University has established AU Press, which will publish open access books, journals, and other digital publications.

Here's an excerpt from the press release:

AU Press, Canada’s first 21st century university press, is dedicated to disseminating knowledge emanating from scholarly research to a broad audience through open access digital media and in a variety of formats (e.g., journals, monographs, author podcasts).

Our publications are of the highest quality and are assessed by peer review; however, we are dedicated to working with emerging writers and researchers to promote success in scholarly publishing.

Our geographical focus is Canada, the West, and the Circumpolar North, and we are mandated to publish innovative and experimental works that challenge the limits of established canons, subjects and formats. Series under development in several subject areas will promote and contribute to specific academic disciplines, and we aim to revitalize neglected forms such as diary, memoir and oral history.

At AU Press, we also publish scholarly websites with a particular focus on distance education and e-learning, labour studies, Métis and Aboriginal studies, gender studies and the environment.

SPARC Canadian Author Addendum

The Canadian Association of Research Libraries (CARL) and SPARC (the Scholarly Publishing and Academic Resources Coalition) have released the SPARC Canadian Author Addendum.

Here's an excerpt from the press release:

Traditional publishing agreements often require that authors grant exclusive rights to the publisher. The new SPARC Canadian Author Addendum enables authors to secure a more balanced agreement by retaining select rights, such as the rights to reproduce, reuse, and publicly present the articles they publish for non-commercial purposes. It will help Canadian researchers to comply with granting council public access policies, such as the Canadian Institutes of Health Research Policy on Access to Research Outputs. The Canadian Addendum reflects Canadian copyright law and is an adaptation of the original U.S. version of the SPARC Author Addendum. . . .

An explanatory brochure complements the Addendum. Both the brochure and addendum are available in French and English on the CARL and SPARC Web sites and will be widely distributed. SPARC, in conjunction with ARL and ACRL, has also introduced a free Web cast on Understanding Author Rights. See http://www.arl.org/sparc/author for details.

Institutional Repositories: Staff and Skills Requirements

SHEPRA has released Institutional Repositories: Staff and Skills Requirements.

Here’s an excerpt from the document:

This document began in response to requests received by the core SHERPA team for examples of job descriptions for repository posts. Its development has been greatly assisted by contributions from the SHERPA partners and UKCORR members.

This document will be revised annually (July/August) to reflect changing needs and requirements. Input from the repository community will be sought at this time.

Fedora Commons Website Launches

The Fedora Commons Website has gone live.

Here's an excerpt from the About Fedora Commons page:

Fedora Commons is a non-profit organization providing sustainable technologies to create, manage, publish, share and preserve digital content as a basis for intellectual, organizational, scientific and cultural heritage by bringing two communities together.

Communities of practice that include scholars, artists, educators, Web innovators, publishers, scientists, librarians, archivists, publishers, records managers, museum curators or anyone who presents, accesses, or preserves digital content.

Software developers who work on the cutting edge of open source Web and enterprise content technologies to ensure that collaboratively created knowledge is available now and in the future.

Fedora Commons is the home of the unique Fedora open source software, a robust integrated repository-centered platform that enables the storage, access and management of virtually any kind of digital content.

Here's an excerpt from the press release about the Gordon and Betty Moore Foundation grant that helps fund the Fedora Commons:

Fedora Commons today announced the award of a four year, $4.9M grant from the Gordon and Betty Moore Foundation to develop the organizational and technical frameworks necessary to effect revolutionary change in how scientists, scholars, museums, libraries, and educators collaborate to produce, share, and preserve their digital intellectual creations. Fedora Commons is a new non-profit organization that will continue the mission of the Fedora Project, the successful open-source software collaboration between Cornell University and the University of Virginia. The Fedora Project evolved from the Flexible Extensible Digital Object Repository Architecture (Fedora) developed by researchers at Cornell Computing and Information Science.

With this funding, Fedora Commons will foster an open community to support the development and deployment of open source software, which facilitates open collaboration and open access to scholarly, scientific, cultural, and educational materials in digital form. The software platform developed by Fedora Commons with Gordon and Betty Moore Foundation funding will support a networked model of intellectual activity, whereby scientists, scholars, teachers, and students will use the Internet to collaboratively create new ideas, and build on, annotate, and refine the ideas of their colleagues worldwide. With its roots in the Fedora open-source repository system, developed since 2001 with support from the Andrew W. Mellon Foundation, the new software will continue to focus on the integrity and longevity of the intellectual products that underlie this new form of knowledge work. The result will be an open source software platform that both enables collaborative models of information creation and sharing, and provides sustainable repositories to secure the digital materials that constitute our intellectual, scientific, and cultural history.

Berkeley Electronic Press Acquires Digital Commons IR Software

The Berkeley Electronic Press (bepress) has acquired the Digital Commons institutional repository software from ProQuest. bepress was the original creator of the software.

Here's an excerpt from the press release:

ProQuest and The Berkeley Electronic Press ("bepress") today announced that they have reached an agreement for bepress to purchase ownership of Digital Commons, the world's leading hosted institutional repository solution. Bepress will be adding sales and marketing staff and augmenting its existing customer support and services in addition to the hosting and technology services that it has always provided Digital Commons customers.

Bepress Chairman, Aaron Edlin, said "Institutional Repositories are core to the bepress mission of furthering scholarly communication and thus bepress is excited at the opportunity to build a close relationship with Digital Commons customers. Developing successful and vibrant Institutional Repositories will be bepress's central focus."

Cornell Joins Google Books Library Project

The Cornell University Library has joined the Google Books Library Project.

Here's an excerpt from the press release:

Google will digitize up to 500,000 works from Cornell University Library and make them available online using Google Book Search. As a result, materials from the library’s exceptional collections will be easily accessible to students, scholars and people worldwide, supporting the library’s long-standing commitment to make its collections broadly available.

“Research libraries today are integral partners in the academic enterprise through their support of research, teaching and learning. They also serve a public good by enhancing access to the works of the world's best minds,” said Interim University Librarian Anne R. Kenney. “As a major research library, Cornell University Library is pleased to join its peer institutions in this partnership with Google. The outcome of this relationship is a significant reduction in the time and effort associated with providing scholarly full-text resources online.”

Materials from Mann Library, one of 20 member libraries that comprise Cornell University Library, will be digitized as part of the agreement. Mann’s collections include some of the following subject areas: biological sciences, natural resources, plant, animal and environmental sciences, applied economics, management and public policy, human development, textiles and apparel, nutrition and food science.. . .

Cornell is the 27th institution to join the Google Book Search Library Project, which digitizes books from major libraries and makes it possible for Internet users to search their collections online. Over the next six years, Cornell will provide Google with public domain and copyrighted holdings from its collections. If a work has no copyright restrictions, the full text will be available for online viewing. For books protected by copyright, users will just get the basic background (such as the book’s title and the author’s name), at most a few lines of text related to their search and information about where they can buy or borrow a book. Cornell University Library will work with Google to choose materials that complement the contributions of the project’s other partners. In addition to making the materials available through its online search service, Google will also provide Cornell with a digital copy of all the materials scanned, which will eventually be incorporated into the university’s own digital library.

BioMed Central Replies to Yale

On Sunday, DigitalKoans reported that Yale had canceled its BioMed Central membership. Today, BioMed Central has replied to the Yale posting about that decision.

Here's an excerpt from the BioMed Central posting:

The main concern expressed in the library's announcement is that the amount payable to cover the cost of publications by Yale researchers in BioMed Central's journals has increased significantly, year on year. Looking at the rapid growth of BioMed Central's journals, it is not difficult to see why that is the case. BioMed Central's success means that more and more researchers (from Yale and elsewhere) are submitting to our journals each year.


An increase in the number of open access articles being submitted and going on to be published does lead to an increase in the total cost of the open access publishing service provided by BioMed Central, but the cost per article published in BioMed Central's journals represents excellent value compared to other publishers.

The Yale library announcement notes that it paid $31,625 to cover the cost of publication in BioMed Central's journals by their authors in 2006, and that the anticipated cost in 2007 will be higher. But to put this into context, according to the Association of Research Library statistics, Yale spent more than $7m on serial subscriptions. Nonetheless, we do recognize that library budgets are very tight and that supporting the rapid growth of open access publishing out of library budgets alone may not be possible. . . .

If library budgets were the only source of funding to cover the cost of open access publication, this would be a significant obstacle. Fortunately, however, there are other sources of funding that are helping to accelerate the transition to open access. . . .

The Wellcome Trust report estimated that on average the cost associated with publishing a peer-reviewed research article is less than $3000, and further estimated that this represented only 1-2% of the typical investment by a funder in carrying out the research that led to the article. It is not surprising therefore, that major biomedical research funders such as NIH and HHMI now encourage open access publication, and are willing to provide financial support for it. BioMed Central's list of biomedical funder open access policies provides further information.

Authors may, of course, pay articles from their own grant funds, and around half of articles published in BioMed Central journals are indeed paid for in this way. However, relying on authors to pay for the cost of open access publication themselves puts open access journals at a significant disadvantage compared to traditional journals, which are supported centrally through library budgets, and so are often perceived to be 'free' by authors.

That is why BioMed Central introduced its institutional membership scheme, which allows institutions to centrally support the dissemination of open access research in the same way that they centrally support subscription journals, thereby creating a 'level playing field'.

In order to ensure that funding of open access publication is sustainable, we have encouraged institutions to set aside a small fraction of the indirect funding contribution that they receive from funders to create a central open access fund.

Over the last several months, BioMed Central has hosted workshops on the issue of sustainable funding for open access at the UK's Association of Research Manager's and Administrators annual conference and at the Medical Library Association's meeting in Philadelphia [see report]. Further such workshops are planned.

In this way, by helping research funders, administrators, VPs of research and librarians to work together to provide sustainable funding channels for open access, we aim to "provide a viable long-term revenue base built upon logical and scalable options", as called for in statement fromYale's library. . . .

We look forward to working with librarians and research administrators at Yale to develop a solution that will make it as easy as possible for Yale's researchers to continue publish their open access research articles in BioMed Central's journals.

Legal Aspects of Data Access and Reuse in Collaborative Research

The Open Access to Knowledge Law Project and the Legal Framework for e-Research Project have released Building the Infrastructure for Data Access and Reuse in Collaborative Research: An Analysis of the Legal Context.

Here's an excerpt from the "Executive Summary":

This Report examines the broad legal framework within which research data is generated, managed, disseminated and used. The background to the Report is the growing support for systems that enable research data generated in publicly-funded research projects to be made available for access and use by others in the research community.

The Report provides an overview of the operation of copyright law, contract and confidentiality laws, as well as a range of legislation—privacy, public records and freedom of information legislation, etc—that is of relevance to research data. The Report considers how these legal rules apply to define rights in research data and regulate the generation, management and sharing of data. In any given research project there will be a multitude of different parties with varying interests. . . The Report examines the relationships between these parties and the legal arrangements that must be implemented to ensure that research data is properly and effectively managed, so that it can be accessed and used by other researchers.

Important in the context of collaborative research and open access, the Report describes and explains current practices and attitudes towards data sharing. . . . Often these practices are informed by international and national policies on access and use, formulated by international organisations and conferences, research funders and research bodies. The Report considers these policies at length and canvasses the development of the open access to research data movement.

Finally, the Report encourages researchers and research organisations to adopt proper management and legal frameworks for research data outputs. . . . The Report describes best practice strategies and mechanisms for organising, preserving and enabling access to and reuse of research data, including data management policies and principles, data management plans and data management toolkits. Proposals are made for further work to be undertaken on data access policies, frameworks, strategies and mechanisms.

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.

Yale Cancels BioMed Central Membership

Except for current submissions, Yale’s Cushing/Whitney Medical and Kline Science Libraries have stopped funding author fees for Yale faculty who publish papers in BioMed Central journals. According to ARL statistics, the Yale spent $7,705,342 on serials in 2005-06, which raises the question: If Yale can’t afford to support BioMed Central, what academic library can?

Here’s an excerpt from the Yale posting:

The libraries’ BioMedCentral membership represented an opportunity to test the technical feasibility and the business model of this OA publisher. While the technology proved acceptable, the business model failed to provide a viable long-term revenue base built upon logical and scalable options. Instead, BioMedCentral has asked libraries for larger and larger contributions to subsidize their activities. Starting with 2005, BioMed Central page charges cost the libraries $4,658, comparable to a single biomedicine journal subscription. The cost of page charges for 2006 then jumped to $31,625. The page charges have continued to soar in 2007 with the libraries charged $29,635 through June 2007, with $34,965 in potential additional page charges in submission.

As we deal with unprecedented increases in electronic resources, we have had to make hard choices about which resources to keep. At this point we can no longer afford to support the BioMedCentral model.

(Thanks to Open Access News.)

Open Access to Books: The Case of the Open Access Bibliography Updated

Last July, I reported on use of the Open Access Bibliography: Liberating Scholarly Literature with E-Prints and Open Access Journals, which is both a printed book and a freely available e-book. Both versions are under a Creative Commons Attribution-NonCommercial 2.0 License. You can get a detailed history at the prior posting; the major changes since then have been the conversion of the HTML version to XHTML and the addition of a Google Custom Search Engine.

So, what does cumulative use of the e-book OAB version look like slightly over one year down the road from the last posting? Here's a summary:

  • UH PDF: 29,255 (March through May 2005)
  • All Web files on both Digital Scholarship hosts: 192,849 (33,814 uses of the PDF file; June 2005 through July 2007)
  • dLIST PDF: 655 (March 2005 to present)
  • E-LIS PDF: 556 (November 2005 to present)
  • ARL PDF: Not Available

Combined, OAB Web files have been accessed 223,315 times since March 2005.

Review by a Prominent Press, Publication by the Rice University Press

In the fall, Rice University Press will publish Images of Memorable Cases by Herbert L. Fred. What's unusual is that the book was first reviewed by "a prominent press," which deemed it worthy of publication, but decided that it was not economically viable to do so by conventional means. However, the Rice University press, a digital press that offers free online access and low-cost print-on-demand books, saw a good fit with its new The Long Tail Press program, which will publish books vetted by other presses that they cannot feasibly publish. The change in publication strategy brought the print copy price down to about $80 from a projected $175.

The Rice University Press is also starting a collaborative publishing effort with Stanford University Press, which will review books for potential publication, with the works either being published by Rice alone or by both Rice and Stanford in a "hybrid" print/online model.

Other Rice University Press postings: "Digital University/Library Presses, Part 11: Other Digital Presses," "Rice University Names Head of Its Digital Press," and "Rice University Press Publishes Its First Open Access Digital Document."

Source: Jaschik, Scott. "New Model for University Presses." Inside Higher Ed, 31 July 2007.

New Learned Publishing Open Access Option

The Association of Learned and Professional Society Publishers has announced that Learned Publishing authors now have the option of paying a fee to have their articles immediately available.

Here's an excerpt from the press release:

The Association of Learned and Professional Society Publishers (ALPSP), publisher of Learned Publishing. . . announces the launch of "ALPSP Author Choice," an optional Open Access model whereby authors can choose to make the online version of their article freely available to all immediately on publication. The fee for this optional service is £1,250/$2,500 for members of ALPSP and the Society for Scholarly Publishing (SSP) and £1,500/$3,000 for non-members. "ALPSP Author Choice" is being launched on a trial basis by ALPSP, the international association for non-profit publishers and those who work with them. The first article to be published under the new service appeared in the July 2007 issue of the journal (Volume 20, No. 3), and is entitled "Going all the way: how Hindawi became an open access publisher" by Paul Peters.

Learned Publishing already provides "Delayed Open Access": all papers can be accessed free of charge 12 months after publication. The journal is also freely accessible to all ALPSP and SSP members, and to participants in the HINARI and AGORA projects. . . .

The "ALPSP Author Choice" service is being offered on a trial basis that will run for 12 months, before being reviewed by ALPSP Council, at which point the current subscription rates will also be considered.

House Passes H. R. 3043 and NIH Mandate Is Approved, but Bush May Veto Bill

By a 276 to 140 vote, the House approved H. R. 3043 (Making Appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the Fiscal Year Ending September 30, 2008, and for Other Purposes), which includes the following wording:

SEC. 217. The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.

Due to concerns over increased spending, President Bush may veto the bill (see Peter Suber's "House Approves OA Mandate for NIH, but Bush May Veto" for details).

Here's the party breakdown on the vote:

  • Democrats: 223 yes, 1 no, 6 not voting.
  • Republications: 53 yes, 139 no, 9 not voting.

You can see a breakdown of votes by party, state, and other criteria at the Washington Post Votes Database page for the bill.

From the Washington Post, here are the House members who voted against the bill.

Robert Aderholt, Todd Akin, Rodney Alexander, Michele Bachmann, Spencer Bachus, Richard Baker, J. Gresham Barrett, Roscoe Bartlett, Joe Barton, Melissa Bean, Brian Bilbray, Rob Bishop, Marsha Blackburn, Roy Blunt, John Boehner, Jo Bonner, John Boozman, Charles Boustany, Kevin Brady, Henry Brown, Ginny Brown-Waite, Michael Burgess, Dan Burton, Steve Buyer, Dave Camp, John Campbell, Chris Cannon, Eric Cantor, John Carter, Steve Chabot, Howard Coble, Tom Cole, Michael Conaway, Ander Crenshaw, John Culberson, Geoff Davis, David Davis, Tom Davis, Nathan Deal, Mario Diaz-Balart, Lincoln Diaz-Balart, John Doolittle, Thelma Drake, David Dreier, John 'Jimmy' Duncan, Mary Fallin, Tom Feeney, Jeff Flake, Randy Forbes, Vito Fossella, Virginia Foxx, Trent Franks, Rodney Frelinghuysen, Elton Gallegly, Scott Garrett, Paul Gillmor, Phil Gingrey, Louie Gohmert, Virgil Goode, Bob Goodlatte, Kay Granger, Ralph Hall, J. Dennis Hastert, Doc Hastings, Dean Heller, Jeb Hensarling, Wally Herger, Peter Hoekstra, Duncan Hunter, Bob Inglis, Darrell Issa, Sam Johnson, Walter Jones, Jim Jordan, Steve King, Peter King, Jack Kingston, John Kline, Joe Knollenberg, Randy Kuhl, Doug Lamborn, Ron Lewis, Jerry Lewis, John Linder, Frank Lucas, Daniel Lungren, Connie Mack, Donald Manzullo, Kenny Marchant, Kevin McCarthy, Michael McCaul, Thad McCotter, Jim McCrery, Patrick McHenry, John Mica, Jeff Miller, Jerry Moran, Marilyn Musgrave, Sue Myrick, Randy Neugebauer, Devin Nunes, Stevan Pearce, Mike Pence, Thomas Petri, Joe Pitts, Ted Poe, Tom Price, Adam Putnam, George Radanovich, Thomas Reynolds, Cathy McMorris Rodgers, Hal Rogers, Dana Rohrabacher, Ileana Ros-Lehtinen, Peter Roskam, Edward Royce, Paul Ryan, Bill Sali, Jean Schmidt, Jim Sensenbrenner, Pete Sessions, John Shadegg, John Shimkus, Bill Shuster, Lamar Smith, Adrian Smith, Mark Souder, Cliff Stearns, John Sullivan, Lee Terry, Mac Thornberry, Todd Tiahrt, Pat Tiberi, Timothy Walberg, Greg Walden, Zachary Wamp, Lynn Westmoreland, Ed Whitfield, Roger Wicker, Joe Wilson

Should the need arise due to a veto, you can easily contact House and Senate members by e-mail using ALA's Action Alert form.

Open Access Update Revision

I’ve revised Open Access Update migrating the aggregate RSS feed for the OA-related weblogs to Yahoo Pipes, switching the source feed for the aggregate FeedBurner feed to the new Yahoo Pipes feed; adding more weblogs to the aggregate RSS feed; correcting the URLs for the OA-related mailing lists, e-journals, and wikis; and correcting the URLs in the Google Search Engines for those resources.

Publishers May Challenge NIH Mandate

According to a Library Journal Academic Newswire article, publishers may challenge the provisions of the NIH Public Access Policy mandate if it is made law. The issue arises from the wording of the House bill:

Sec. 217: The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.

Regarding this wording, the Library Journal Academic Newswire article says:

While seemingly innocuous, that language almost certainly will form the basis for a challenge to the policy's implementation. In a letter to lawmakers, the Association of American Publishers (AAP) argued that "a mandate may not be consistent with copyright law," a position emphasized by Brian Crawford, chair of the AAP's Professional and Scholarly Publishing Division Executive Committee. "The copyright proviso in the Labor/HHS Appropriations language does not in itself provide sufficient assurance of copyright protection," Crawford told the LJ Academic Newswire. "The mandatory deposit of copyrighted articles in an online government site for worldwide distribution is in fundamental, inherent, and unavoidable conflict with the rights of copyright holders in those works."

Microsoft Joins Effort to Provide Free or Low-Cost Access to Journals in Developing Countries

Microsoft will provide an access and authentication system to support the AGORA (Access to Global Online Research in Agriculture), HINARI (Health InterNetwork Access to Research Initiative), and OARE (Online Access to Research in the Environment) programs.

Here’s an excerpt from the press release:

Many developing countries lack access to the information and training that can help save lives, improve the quality of life, and assist with economic development. To address this disparity, more than 100 publishers, three UN organizations, two major universities, and Microsoft announced the extension of programs that provide free or almost free access to online subscriptions of peer-reviewed journals. Information technology leader Microsoft announced its support of technical assistance to enhance access to online research for scientists, policymakers, and librarians in the developing world.

The three sister programs—HINARI (Health InterNetwork Access to Research Initiative), AGORA (Access to Global Online Research in Agriculture) and OARE (Online Access to Research in the Environment)—provide research access to journals focusing on health, agriculture and the environment, respectively to more than 100 of the world’s poorest countries. All three of the programs will now have official commitment from the partners until 2015, marking the target for reaching the Millennium Development Goals. . . .

As the initiative’s only technology partner, Microsoft is providing a new system for access and authentication enabling secure and effective use of the programs in developing countries. Through these enhanced features provided under the Intelligent Application Gateway (IAG) 2007 as part of the Microsoft Forefront Security products, the system will be able to meet expanded demand and perform at the standards of today’s most heavily trafficked websites.

In a World Health Organization (WHO) survey conducted in 2000, researchers and academics in developing countries ranked access to subscription based journals as one of their most pressing problems. In countries with per capita income of less than USD $1000 per annum, 56 percent of academic institutions surveyed had no current subscriptions to international journals. . . .

The public-private partnerships of these three programs have already resulted in:

  • A strengthened intellectual foundation for universities, enabling faculty to develop evidence-based curricula, perform research on a par with peers in industrialized countries, develop their own publishing record, and enable students to conduct research and seek education in new and emerging scientific fields;
  • More science-driven public policies and regulatory frameworks;
  • Greater capacity for organizations to gather and disseminate to the public new scientific knowledge in the medical, agricultural and environmental sciences and deliver improved services;
  • Increased participation of experts from developing countries in international scientific and policy debates; and
  • A greater movement toward library patronage at universities and an enhancement of the status of libraries.

Representatives from the World Health Organization, the Food and Agriculture Organization, the UN Environmental Programme, and leading science and technology publishers, together with representatives from Cornell and Yale Universities, met today in Washington DC to officially extend their cooperation to 2015, in line with the UN’s MDGs.

Urgent: Send a Message to Congress about the NIH Public Access Policy

Peter Suber has pointed out that ALA has an Action Alert that allows you to just fill in a form to send a message to your Congressional representatives about the NIH Public Access Policy.

Under "Compose Message" in the form, I suggest that you shorten the Subject to "Support the NIH Public Access Policy." As an "Issue Area" you might use "Budget" or "Health." Be sure to fill in your salutation and phone number; they are required to send an e-mail even though the form does not show them as required fields.

I’ve made slight modifications to the talking points and created a Web page so that the talking points can simply be cut and pasted into the "Editable text to" section of the form as the message.

ACRLog Urgent Call for Action about NIH Policy Vote

An urgent call for action has been issued on ACRLog about upcoming House and Senate votes on Labor, Health and Human Services appropriations bills that will determine whether NIH-funded researchers are required to make their final manuscripts publicly accessible within twelve months of publication.

Here's an excerpt from the posting:

We need your help to keep the momentum going. The full House of Representatives and the full Senate will vote on their respective measures this summer. The House is expected to convene on Tuesday, July 17. We’re asking that you contact your US Representative and your US Senators by phone or fax as soon as possible and no later than Monday afternoon. Urge them to maintain the Appropriations Committee language. (Find talking points and contact info for your legislators in the ALA Legislative Action Center. It is entirely possible that an amendment will be made on the floor of the House to delete the language in the NIH policy.

Want to know more? Listen to an interview with Heather Joseph of SPARC on the ALA Washington Office District Dispatch blog. Find background on the issue along with tips on communicating effectively with your legislators in the last two issues of ACRL’s Legislative Update and at the Alliance for Taxpayer Access website.

Peter Suber has issued a similar call on Open Access News. Here it is in full:

Tell Congress to support an OA mandate at the NIH

Let me take the unusual step of repeating a call to action from yesterday in case it got buried in the avalanche of news. 

The House Appropriations Committee approved language establishing an OA mandate at the NIH.  The full House is scheduled to vote on the appropriations bill containing that language on Tuesday, July 17

Publishers are lobbying hard to delete this language.  If you are a US citizen and support public access for publicly-funded research, please ask your representative to support this bill, and to oppose any attempt to amend or strike the language.  Contact your representative now, before you forget.

Time is short.  Offices are closed on the weekend, but emails and faxes will go through.  Send an email or fax right now or telephone before Monday afternoon.

Because the Senate Appropriations Committee approved the same language in June, you should contact your Senators with the same message.  But the vote by the full House is in three days, while the vote by the full Senate has not yet been scheduled.

For help in composing your message, see

Then spread the word!