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Subject: Tell Senate and Congress you oppose HR6845 by 9/24
Date: Fri, 19 Sep 2008
From: PLoS <news [bat] lists.plos.org>
Dear Open Access Supporter,
Please contact your Representative and Senators by Wednesday, SEPTEMBER 24, 2008 to express your support for public access to taxpayer-funded research and ask that he or she OPPOSE HR6845.
On September 11, 2008, the Chairman of the House Judiciary Committee (Rep. John Conyers, D-MI) introduced a bill that would effectively reverse the NIH Public Access Policy, as well as make it impossible for other federal agencies to put similar policies into place. The legislation is HR6845:
"Fair Copyright in Research Works Act"
http://lists.plos.org/lt.php?id=ZklQDgtdUAdSUkUGB1cARQYCU1U%3D (
http://judiciary.house.gov/hearings/pdf/HR6845.pdf )
Especially important are members of the House Judiciary Committee
http://lists.plos.org/lt.php?id=ZklQDgtdUAdSU0UGB1cARQYCU1U%3D(
http://judiciary.house.gov/about/members.html )
and Senate Judiciary Committee
http://lists.plos.org/lt.php?id=ZklQDgtdUAdSUEUGB1cARQYCU1U%3D(
http://judiciary.senate.gov/about/members.cfm )
(Draft text included below).
HR6845 is designed to do the following:
1. Amend current copyright law (Title 17).
2. 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 meet either of two conditions: a. They are funded in part by sources other than a U.S. agency; or b. The results from "meaningful added value" to the work from an entity that is not party to the agreement.
3. Prohibit U.S. federal agencies being able to obtain a license to publicly distribute, perform, or display such work by--for example--putting it on the Internet.
4. Makes broad policy by stifling public access to a wide range of federally funded works, and effectively overturns the crucially important current NIH Public Access Policy.
5. Because it is so broadly framed, the proposed bill would require an overhaul of well-established procurement rules in effect for all federal agencies, and could disrupt day-to-day procurement practices across the federal government, including in critical areas such as research to support national defense and homeland security.
6. In particular, the bill would repeal the longstanding "federal purpose" doctrine, under which all federal agencies that fund the creation of a copyrighted work must reserve a "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.
7. The bill is a blunt instrument that uses extremely broad language to override existing procurement law, and as such has serious implications for the entire U.S. federal government far beyond articles resulting from research funding.
8. 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 4,000 new crucial biomedical articles were deposited in the last month alone. This proposed bill would prohibit the deposit of these articles, and as a result, researchers, physicians, health care professionals, families and individuals will find it much harder to get access to this critical health-related information.
*****DRAFT TEXT*****
Dear [Representative/Senator]:
As a [Scientist, Educator, etc.] I strongly urge you to oppose HR 6845, the Fair Copyright in Research Works Act, introduced to the House Judiciary Committee, Subcommittee on the Courts, Intellectual Property and the Internet, on September 11, 2008.
This bill would reverse the National Institutes of Health (NIH) Public Access Policy, prohibit American taxpayers from accessing any and all research funded by taxpayer dollars, and stifle critical advancements in lifesaving research and scientific discovery.
Due to the NIH Public Access Policy, public access to research publications will accelerate medical and scientific research by allowing any scientist to read, use and build on the work of others.
This vastly increases the utility of the scientific literature, enhances scientific productivity, and allows better integration of research literature with the data that underpins research, bringing further benefits to the research process.
Under the current policy, nearly 4,000 new crucial biomedical articles were deposited in the last month alone. HR6845 would prohibit the deposit of these articles so that, as a result, researchers, physicians, health care professionals, educators, families and individuals will be seriously impeded in their ability to access NIH-funded, critical health and science related information.
I strongly support the NIH Public Access Policy for helping to address this imbalance, and to create the opportunity for all communities to access this publicly funded information in an equitable, timely and affordable manner. The NIH policy must be allowed to continue to ensure public access to the results of research funded by the agency with taxpayer dollars.
Please OPPOSE HR6845.
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 HR6845. 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
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Public Library of Science
185 Berry Street, Suite 3100
San Francisco, CA 94107
USA
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