It is time not only for OA advocates, but the general public -- both US 
and worldwide (because US OA policy has vast global implications) -- to 
make their voices heard in favor of the NIH Public Access Policy and 
against the Conyers Bill's Caricature of Copyright. TheAlliance for 
Taxpayer Access is hard at work to save the NIH Mandate; please consult 
them on how you can help. You can also express your support for 
mandating more OA rather than less, to President Obama.

http://obamacto.uservoice.com/pages/general/suggestions/72264-require-open-access-for-publicly-funded-research

The publisher anti-Open-Access lobby is trying to use a time when the 
economy is down and the head of NIH is out to slip through a Bill that 
would undo one of the most positive things Congress has done for 
science: the NIH Public Access Act, which requires NIH-funded research 
to be made freely accessible to the public that paid for it.

The Conyers Bill is now trying to overturn the Public Access Act on the 
basis of copyright double-talk that would be ludicrous if it were not so 
ominous:

The published reports of publicly funded research findings are given 
away by their researcher-authors free for all in order to maximize their 
usage and impact. The Conyers Bill proposes to "protect" their work in 
exactly the same way it protects proprietary Disney cartoons or How-To 
bestsellers, produced and sold by their authors to maximize their 
royalty income: The tendentiously misnamed "Fair Copyright in Research 
Works Act" would rescind NIH's requirement that the results of the 
research it funds with taxpayer money should be deposited, free for all, 
on the Web.

The Conyers Bill's copyright arguments -- almost transparently contrived 
and arbitrary -- have been decisively refuted point for point by Law 
Professor Michael Carroll and other experts, just as all the other 
far-fetched, self-serving arguments marshalled by the publisher anti-OA 
lobby have (despite the hiring of "pit-bull" Eric Dezenhall as 
public-relations consultant) been repeatedly rebutted each time they 
were unleashed.

This would also be an opportune time to shore up the NIH Mandate itself 
with a small but important change in implementational detail that will 
not only increase its reach and make it a far better model for emulation 
worldwide, but it will also strengthen it against mischievous attempts 
like the Conyers Bill to undermine it:

    (1) Open Access is Open Access regardless of where on the Web a 
paper is freely accessible.

    (2) Currently, the NIH mandate specifically stipulates deposit in a 
Central (3rd-party) Repository (CR), PubMed Central.

    (3) The majority of journals already formally endorse OA 
self-archiving by authors, but most endorse it only in the author's 
ownInstitutional Repository (IR) rather than a Central (3rd-party) 
Repository (CR). (This is because they fear that endorsing deposit in 
3rd party CRs would open the door to free-riding on their content by 
rival publishers.)

    (4) Apart from being immune to the rival-publisher/free-rider 
objection, IR deposit is also distributed across all the universities 
and research institutions in the world: That makes it a much more 
diffuse, hence difficult target for the publisher anti-OA publisher 
lobby than PubMed Central, NIH or Congress.

    (5) IRs also make it possible to deposit papers as "Closed Access" 
rather than Open Access during any publisher embargo period. The 
Closed-Access paper's metadata (authors, title, journal, date, abstract, 
etc.) are freely accessible and searchable webwide, and link to an IR 
Button that allows individual users to email the author an automatic 
request for an individual copy for research use with just one click, 
which the author can in turn fulfill with just one click, almost 
instantaneously. Over 60% of journals already endorse immediate OA for 
IR deposits. The Button provides "Almost OA" for the rest, to tide over 
researcher needs during any embargo.

    (6) Hence if the NIH deposit mandate specifically stipulated deposit 
in the author's IR, rather than deposit in PubMed Central, it could 
harvest the deposit's metadata to PubMed Central, harvest the full-text 
after the allowable embargo, and moot most of the copyright issues, 
while indirectly providing "Almost OA" even during the embargo (via the 
Request-a-Copy Buttons of the global network of IRs distributed across 
the planet).

    (7) This small change in implementational detail in NIH's funder 
mandate would also motivate and reinforce the adoption of institutional 
mandates at all NIH's fundees' institutions, which would in turn help 
reinforce and protect the NIH mandate (from Conyers-like attacks) as 
well as extending it to all institutional research output, funded and 
unfunded.

    (8) Stipulating IR deposit rather than CR deposit will also make the 
NIH funder mandate a model that can be emulated worldwide, globalizing 
the adoption of both funder and institutional mandates and helping to 
usher in universal OA at long last.


Stevan Harnad
American Scientist Open Access Forum


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