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NIH research open access policy threatened
Here's an interesting bit that seems to have slipped through the cracks in all this economic panic. It seems a rather important policy is under bipartisan attack.
John Conyers (D-MI), Steve Cohen (D-TN), Trent Franks (R-AZ), Darrell Issa (R-CA), and Robert Wexler (D-FL) have introduced a bill called the "Fair Copyright in Research Works Act" ending the requirement for public access to results of government-funded research. While this is targeted at the NIH policy, it is phrased to cover any work subject to government (taxpayer) funding. Among other issues, there seems to be a turf war because the bill bypassed the Judiciary Committee and they view it as a copyright issue.
Peter Suber from Open Access News has this to say about the bill:
They tried this last year and it didn't get out of the committee. However, as Ars Technica points out, there are reasons to be a bit more concerned this year.
If anyone lives in one of these sponsors' district - give 'em a shout. Hell, give 'em a shout anyhow.
The National Institutes of Health, which funds the majority of biomedical research in the US, has encouraged open access to the research it pays for, and Congress eventually mandated an open access policy as part of the NIH's funding. But, for the second year running, a group of Congressmen have introduced a bill that would overturn the effort.I could go on for a bit about what an important policy this is. But it seems so obvious - I'll just stick to some basics about the current action.
John Conyers (D-MI), Steve Cohen (D-TN), Trent Franks (R-AZ), Darrell Issa (R-CA), and Robert Wexler (D-FL) have introduced a bill called the "Fair Copyright in Research Works Act" ending the requirement for public access to results of government-funded research. While this is targeted at the NIH policy, it is phrased to cover any work subject to government (taxpayer) funding. Among other issues, there seems to be a turf war because the bill bypassed the Judiciary Committee and they view it as a copyright issue.
Peter Suber from Open Access News has this to say about the bill:
The Fair Copyright Act is to fair copyright what the Patriot Act was to patriotism. It would repeal the OA policy at the NIH and prevent similar OA policies at any federal agency.Mr. Suber also provides links to an open letter from 46 law professors objecting to "serious misstatements relating to copyright law" in the publisher arguments against the NIH policy and another to an open letter from 33 US Nobel laureates in science defending the NIH policy against the Conyers bill.
The premise of the bill, urged by the publishing lobby, is that the NIH policy somehow violates copyright law. The premise is false and cynical. If the NIH policy violated copyrights, or permitted the violation of copyrights, publishers wouldn't have to back this bill to amend US copyright law. Instead, they'd be in court where they'd already have a remedy.
They tried this last year and it didn't get out of the committee. However, as Ars Technica points out, there are reasons to be a bit more concerned this year.
Unfortunately for open access fans, this year's bill seems to present a greater threat to the NIH's policy. For one, Congress is distracted by other issues, which might allow a minor amendment to a funding bill to slip through unnoticed. In addition, Zerhouni gave a strong defense of the open access policy on scientific grounds at last year's hearings; he's since stepped down and, with Tom Daschle withdrawing his nomination, it's not even clear when a new head of Health and Human Services will be named; until that position is filled, there won't be a new NIH chief named.Ars Technica should be commended for keeping on top of this. They also gave great coverage of the issue when it came up last year (this provides really good background on the policy and battle to date). The Library Journal also weighs in on the topic with some good background about Conyer's apparent anger over turf issues.
If anyone lives in one of these sponsors' district - give 'em a shout. Hell, give 'em a shout anyhow.
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Wow.
I have benefited from the open access to Hubble images. They are proprietary for only one year, so that the principal researcher can work with his/her data and get their paper published. Also, anyone can submit a observation proposal.
After that period expires, all images are available for all use, including commercial. The only requirement is to give credit for the people and institutions involved. Makes so much sense, it is truly the People's Telescope.
Why do we keep having to defend the Commons?
February 7, 2009 2:45 AM | Reply | Permalink
Have you checked out the NASA/JPL Photojournal? Most of the photos on that site are also open access.
February 7, 2009 3:32 AM | Reply | Permalink
I use those, too, as do many poster vendors.
February 7, 2009 3:39 AM | Reply | Permalink
Great catch and recommended.
Wish I had a representative to contact on this one. We really need to stop making everything private. Some intellectual property certainly deserves such protection, but not that IP funded with public money. As Tom said, why do we have to keep defending the commons?
We really need to clean house in Congress starting with the 2010 primaries. If we can't get rid of incumbents in a reliable and consistent way, this sort of special interest subterfuge will never go away.
February 7, 2009 11:22 AM | Reply | Permalink
I read this same thing elsewhere on the web and the senate judiciary can go to hell. Any taxpayer funded research etc belongs to the taxpayer. I am sick of this bullshit where taxpayers pay for basic research only to have it handed to someone who then turns around and makes a ton of money from something we already paid for. This is another of those schemes where taxpayers get ripped off big time.
February 7, 2009 12:41 PM | Reply | Permalink
Harold Varmus, former NIH Director, has been the leading proponent of open access (he is now at Memorial Sloan Kettering in NYC). He rightfully argues that taxpayers shouldn't have to pay for access to research results that they have already paid for. Since Varmus was on the transition team and is still advising the White House, maybe he will intervene. What has always baffled me is why Pat Schroeder, who left Congress and joined the publishing lobby, has been fighting open access here and in other places (like Google). Does anyone know whether an Executive Order would be sufficient to override any legislative obstacles to open access? Any administrative lawyers out there?
February 7, 2009 1:26 PM | Reply | Permalink
If the executive order option is the only way to achieve fairness, then by all means, it should be exercised.
But the "book" of executive orders is getting thicker than the constitution.
February 7, 2009 2:04 PM | Reply | Permalink
This is such a deep and important issue and the public is clueless.
Thanks for digging this up. Everybody's eyes are on the big legislative package right now, just as you say. But is not that better than Britney Spears sp?
February 7, 2009 2:05 PM | Reply | Permalink