Rep. Conyers, Once Again, Trying To Lock Up Federally Funded Research

from the isn't-that-a-problem? dept

Last year, Congress finally got fed up with the fact that publicly funded research was being locked up in various scientific journals. The whole journal business is something of a scam. Unlike other publications, the folks who write the papers for journals pay the journals to get their content published. On top of that, the "peers" who review the works aren't paid for their work either. In other words, these journals get a ton of free labor... and sometimes that labor pays them. And, then, on top of that, they charge ridiculously high prices for anyone to subscribe, claim the copyright on all submitted works, and are incredibly aggressive in enforcing that copyright. An academic I knew, at one point had to consider doing an experiment a second time just to get the same results, because mentioning the earlier results of his own study might violate the copyright of the journal. And, remember, much of this is happening with research that was funded by taxpayers.

So, Congress decided that any research that was funded by NIH (which funds about $30 billion in research each year) had to also be openly published one-year after it was published in the journal. It's hard to see how this damages the journals at all. They still retain a significant monopoly right on the works -- and have a year's head start. Yet, the journal publishers have been screaming bloody murder, and even trying to force academics to pay thousands of dollars to cover the "cost" of republishing the article in an open archiving database.

And, of course, those publishers have been complaining like crazy to Congress. Last year, Rep. Conyers (who also recently introduced the RIAA's preferred legislation, and was heavily backed by the American Intellectual Property Law Association in his most recent election) introduced some legislation to repeal this requirement, though the legislation went nowhere fast. However, he's wasted very little time introducing identical legislation this year.

Right before Conyers brought this legislation back, Stanford Professor John Willinsky published a well-worth reading article explaining why the publishers' objections to the requirement to openly publish makes no sense. Their general argument is that this is the government interfering with private businesses. But, of course, that's not true at all. As Willinsky notes, the only reason that particular private business exists as it does is because the government interfered in the form of giving them copyright:

What is held to be "unfair" in the bill is government interference with the publisher's exclusive ownership over research. This is not, however, a case of keeping the government's clumsy hand off a free market. The scholarly publishing market depends on government interference in the first instance. The government allows publishers to exercise monopoly rights over this research through copyright law, a form of market interference....

Furthermore, Willinsky mentions the original, Constitutional purpose behind said copyright: "To promote the progress of science and the useful arts..." Congress gets to determine what promotes the progress, and if it's shown that open publication of publicly funded works promotes that progress, then the journals should have no argument at all. But, argue they will... so, Public Knowledge and The Alliance for Taxpayer Access are both asking people to write their elected representatives to oppose this attempt to once again lock up the very research that we all funded as taxpayers.

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Congress Not Shutting Down Open Access To NIH-Funded Research... Yet

from the but-keep-watching dept

Earlier this year, we wrote about how some research journals so hated the legal requirement that NIH-funded research be published openly in PubMed one year after published in a journal, that they were putting ridiculous hurdles in the way of researchers. The whole thing is actually a bit sickening. The NIH funds nearly $30 billion in research every year, using taxpayer money to pay for basic research, and these journals get free labor (researchers don't get paid by the journal, peer reviewers don't get paid by the journal) and then get paid to take the copyright away from the researcher (yes, the researcher has to hand over the copyright and still pay the journal for the privilege of publishing the content). This is a complete appropriation of taxpayer funded basic research that could be used to derive important advances in medicine and science -- and it's locked up by journals who want to protect an old business model.

So it caught our eye when a bunch of readers started submitting an Ars Technica piece about a bill from John Conyers, called The Fair Copyright in Research Works Act, which would forbid government agencies from making any research grants contingent on the work being published. As the writeup notes, this actually appears to have been more of a turf battle, where the House's subcommittee on IP was annoyed that the whole NIH thing didn't include them in the process. The complaints from publishers is fairly bogus. After all, they're receiving a ton of free benefits from federally funded research, and are whining that they can't come up with a business model and now need the gov't to protect their old business model (which actually stifles the dissemination of knowledge). Passing such a bill would be a horrible precedent, which is why so many folks are up in arms about it (without even getting into the bad unintended consequences).

However, for now, it looks like folks up in arms over this missed the fact that the bill is pretty much dead in the water this year. Right after the hearing last week, it was made clear that nothing is going to happen on it this year, and the bill's own sponsor, Rep. Conyers, seems a bit confused over his own support of the bill (he seems much more interested in the turf war over who has a say in the matter, than in what the bill actually means). That doesn't mean it's not worth paying attention to, as next year it could come back. But, for now, it's not going anywhere.

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Research Journals Make It As Difficult As Possible To Openly Publish Gov't Funded Research

from the bad-news-for-everyone dept

I recently got into a conversation with an academic, who had to jump through some ridiculous hoops to get a paper published. Apparently, part of the experiment had been published elsewhere, and even though it was in a somewhat different context, a journal that was interested in publishing a different paper wouldn't touch it because an editor there was afraid of the copyright issues from the first publisher. So, unless the professor was willing to do an entirely new experiment to create new (the same) results, it wouldn't publish. This, of course, seems to go against everything that academia should be about: which is the open sharing of research results and ideas to further the course of knowledge. But, of course, thanks to copyright, that's rarely what happens.

Witness this bizarre story, relayed by William Patry, about the American Psychological Association's assault on a Congressional requirement that any NIH-funded research get published openly a year after its published in a journal. Let's be entirely clear here: we're talking about publicly (tax-payer) funded research that gets published in a journal. The journal does not pay for the research at all. The research is paid for by the NIH. Much of the salaries of the academics involved are often paid for by public institutions as well. On top of that, the journals do not reimburse the academic for publishing the research. The journals also do not reimburse the "peers" who peer review the research. In other words, these journals contribute very little to the publication, and get tremendous benefits for free (often at the expense of taxpayers). And, then, of course, the journals claim copyright over the papers and charge insane fees to subscribe to the journals that publish them.

Recently, Congress realized this was a problem, and ordered that all NIH-funded research (and that's hardly peanuts: the NIH funds nearly $30 billion in research per year) be published online in the PubMed Central archive, a year after publication in a journal. This still granted the journals plenty of time to get a return on whatever little "investment" they put into the publication. Most university libraries would still pay the exorbitant fees for the journal, but this tax-payer funded research would then be available to others after one year for free.

The American Psychological Association had other ideas, however. While it's not disobeying the rule, it is taking a rather draconian approach to it. It's decided that it will charge the institution the academic comes from $2,500 for "depositing" the paper with PubMed. It will not allow the researchers to submit the paper themselves (and avoid the fee). It also will not let the researcher submit the paper to any other open research publication and (of course) will not let the author retain the copyright on the publications. While it appears that the APA is rethinking some of this policy thanks to some of the outcry, it shows yet another old school academic journal clinging to not just an outdated business model, but one that actively stifles academic sharing of research and cross-pollination of ideas.

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