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Author Topic: Action Needed by 2/28 - NIH Public Access Policy Being Threatened  (Read 628 times)

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Subject:      Action Needed by 2/28 - NIH Public Access Policy Being Threatened
From:      "PLoS" <news [bat] lists.plos.org>
Date:      Thu, February 12, 2009 4:16 pm

Dear Open Access Supporter,

Please contact your Representative
http://lists.plos.org/lt.php?id=ZklRBgpSVQRTUUUGAFoFRQYCU1U%3D  and members of the
House Judiciary Committee
http://lists.plos.org/lt.php?id=ZklRBgpSVQRTXkUGAFoFRQYCU1U%3D  before Saturday
2/28 to express your support for public access to taxpayer-funded
research and ask that he or she OPPOSE H.R. 801
http://lists.plos.org/lt.php?id=ZklRBgpSVQRTUEUGAFoFRQYCU1U%3D. A draft letter is
enclosed below.

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 http://lists.plos.org/lt.php?id=ZklRBgpSVQRTX0UGAFoFRQYCU1U%3D
 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 http://lists.plos.org/lt.php?id=ZklRBgpSVQRSVkUGAFoFRQYCU1U%3D .

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.

Thank you for your support and continued persistence in supporting this policy. You
know the difference constituent voices can make on Capitol Hill.


*****DRAFT TEXT*****

Dear Representative,

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. 801 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.

 ***INSERT WHY YOU SUPPORT THE NIH PUBLIC ACCESS POLICY***

The NIH and other agencies must be allowed to ensure timely, public access to the
results of research funded with taxpayer dollars. Please OPPOSE H.R.
801.

Sincerely,


*****END DRAFT TEXT*****

Constituents across the country are asked to contact Congress and let them know you
support public access to federally funded research and OPPOSE H.R.
801. Again, the proposed resolution 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. The
voices from constituents make a difference on Capitol Hill!

Best wishes,

Donna Okubo
PLoS Institutional Relations Manager

- - - - - - - - - - - - - - - - - - - -

Public Library of Science
185 Berry Street, Suite 3100
San Francisco, CA 94107
USA
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