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Last week, the Chairman of the House Judiciary Committee (Rep. John Conyers, D-MI) re-introduced a bill that would reverse the NIH Public Access Policy and make it impossible for other federal agencies to put similar policies into place. The legislation is H.R. 801: the “Fair Copyright in Research Works Act”.
All supporters of public access – researchers, libraries, campus administrators, patient advocates, publishers, and others – are asked to please contact your Representative no later than February 28, 2009 to express your support for public access to taxpayer-funded research and ask that he or she oppose H.R.801. Draft letter text is included below. As always, it’s important to let us know what action you’re able to take, via [this web form].
H.R. 801 is designed to amend current copyright law and create a new category of copyrighted works (Section 201, Title 17). In effect, it would:
1. Prohibit all U.S. federal agencies from conditioning funding agreements to require that works resulting from federal support be made publicly available if those works are either: a) funded in part by sources other than a U.S. agency, or b) the result of "meaningful added value" to the work from an entity that is not party to the agreement.
2. Prohibit U.S. agencies from obtaining a license to publicly distribute, perform, or display such work by, for example, placing it on the Internet.
3. Stifle access to a broad range of federally funded works, overturning the crucially important NIH Public Access Policy and preventing other agencies from implementing similar policies.
4. Because it is so broadly framed, the proposed bill would require an overhaul of the well-established procurement rules in effect for all federal agencies, and could disrupt day-to-day procurement practices across the federal government.
5. Repeal the longstanding "federal purpose" doctrine, under which all federal agencies that fund the creation of a copyrighted work reserve the "royalty-free, nonexclusive right to reproduce, publish, or otherwise use the work" for any federal purpose. This will severely limit the ability of U.S. federal agencies to use works that they have funded to support and fulfill agency missions and to communicate with and educate the public.
Because of the NIH Public Access Policy, millions of Americans now have access to vital health care information through the PubMed Central database. Under the current policy, nearly 3,000 new biomedical manuscripts are deposited for public accessibility each month. H.R.801 would prohibit the deposit of these manuscripts, seriously impeding the ability of researchers, physicians, health care professionals, and families to access and use this critical health-related information in a timely manner.
All supporters of public access -- researchers, libraries, campus administrators, patient advocates, publishers, and others -- are asked to contact their Representatives to let them know you support public access to federally funded research and oppose H.R. 801. Again, the proposed legislation would effectively reverse the NIH Public Access Policy, as well as make it impossible for other federal agencies to put similar policies into place.
Thank you for your support and continued persistence in supporting this policy. You know the difference constituent voices can make on Capitol Hill....
From the draft letter:
On behalf of [your organization], I strongly urge you to oppose H.R. 801, “the Fair Copyright in Research Works Act,” introduced to the House Judiciary Committee on February 3, 2009. This bill would amend the U.S. Copyright Code, prohibiting federal agencies from requiring as a condition of funding agreements public access to the products of the research they fund. This will significantly inhibit our ability to advance scientific discovery and to stimulate innovation in all scientific disciplines.
Most critically, H.R. 810 would reverse the National Institutes of Health (NIH) Public Access Policy, prohibit American taxpayers from accessing the results of the crucial biomedical research funded by their taxpayer dollars, and stifle critical advancements in life-saving research and scientific discovery.
Because of the NIH Public Access Policy, millions of Americans now have access to vital health care information from the NIH’s PubMed Central database. Under the current policy, nearly 3,000 new biomedical manuscripts are deposited for public accessibility each month. H.R.801 would prohibit the deposit of these manuscripts, seriously impeding the ability of researchers, physicians, health care professionals, and families to access and use this critical health-related information in a timely manner.
H.R. 801 affects not only the results of biomedical research produced by the NIH, but also scientific research coming from all other federal agencies. Access to critical information on energy, the environment, climate change, and hundreds of other areas that directly impact the lives and well being of the public would be unfairly limited by this proposed legislation....
- If you're a US citizen, please write to your representative. The NIH policy is the most important OA policy in the US today and affects a larger body of research than any other OA policy in the world. If we can't save it, we won't have OA to the 80,000 peer-reviewed articles per year arising from NIH-funded research, and we won't get a strong OA policy at any other federal agency.
- For maximum impact, write your own letter or customize the ATA draft letter before sending it. Explain why public access to publicly-funded research, especially medical research, matters to you.
- For more ideas or language, see
- the open letter from 46 law professors objecting to "serious misstatements relating to copyright law" in the publisher arguments against the NIH policy, September 8, 2008
- the open letter from 33 US Nobel laureates in science defending the NIH policy against the Conyers bill, September 9, 2008
- my article on the bill from October 2008
- the OAN posts on the bill from the last time around
- You can also help the cause by copying the new graphic from the OAN sidebar and adding it to your own blog or web site. Don't forget to link from the image to the ATA call to action.
- Please spread the word.