Open access v. The Research Works Act
Jan. 16, 2012 by Pat Tully
A bill recently introduced in the House of Representatives, H.R. 3699 – the Research Works Act, would prevent federal agencies such as the National Institutes of Health from requiring that articles resulting from the research they fund be made publicly available. The bill reads, in part:
“No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that–
(1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or
(2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network dissemination of a private-sector research work.”
Here’s why I think that the Research Works Act is a bad idea and, if passed, would have a chilling effect on scholarly and corporate research in the U.S.
It all goes back to scholarly journal prices and how they’ve increased over the past several decades. As an academic librarian, I am discouragingly familiar with the pricing practices of scholarly publishers. A publisher of a prestigious journal has, in effect, a monopoly on the articles published in that journal, and those articles are not interchangeable with others in the same field published in other journals. (Interlibrary loan of articles is, of course, a long-standing library practice; but the time it takes to deliver these articles is inconvenient for many researchers and students.) Because they are the only source of the specific articles that researchers require, scholarly publishers have been able to increase their subscription prices by as much as 10% annually, with the knowledge that most research universities cannot cancel their subscriptions without adversely affecting the work of their students and faculty.
The open access movement in scholarly publishing has developed over the past 20 years to oppose these practices, and to take advantage of emerging technologies by developing an alternative, affordable model of sharing scholarly work among students and researchers. Providing open access to the results of publicly-funded research is an important part of this effort.
The NIH mandate to provide open access to publicly-funded medical research does give scholarly publishers the opportunity to publish these results first, which is a considerable advantage in time-sensitive areas of research. This advantage, along with the importance to researchers of publishing their findings in journals prestigious in their field, means that for-profit scholarly publishers are not being forced out of business by the mandate. But they will be less able to act–and price–as monopolies, as the sole, permanent sources of critical research findings needed by researchers in higher education, medicine, and industry.
By making research results accessible to everyone without regard for their ability to pay, the open access movement increases the influence and impact of that research on future scientific and scholarly work. It is a spur to the innovation and creativity needed to maintain the United States’ leadership role in science and technology, and to work towards the resolution of the many challenges facing this country and the world.
What can you do? Contact your federal officials and ask them to help defeat the Research Works Act. For Middletown, these officials are: President Barack Obama; Senator Joseph Lieberman, Senator Richard Blumenthal, and Congresswoman Rosa DeLauro. The Alliance for Taxpayer Access has a site that allows you to easily contact all of them: http://www.congressweb.com/cweb2/index.cfm/siteid/SPARC/action/TakeAction.Main
Update, January 18: See the Chronicle article on some university presses’ opposition to RWA: http://chronicle.com/article/University-Presses-Disagree/130366/

See:
“Research Works Act H.R.3699:
The Private Publishing Tail Trying To Wag The Public Research Dog, Yet Again”
http://openaccess.eprints.org/index.php?/archives/867-guid.html
EXCERPT:
The US Research Works Act (H.R.3699): “No Federal agency may adopt, implement, maintain, continue, or otherwise engage in any policy, program, or other activity that — (1) causes, permits, or authorizes network dissemination of any private-sector research work without the prior consent of the publisher of such work; or (2) requires that any actual or prospective author, or the employer of such an actual or prospective author, assent to network dissemination of a private-sector research work.”
Translation and Comments:
“If public tax money is used to fund research, that research becomes “private research” once a publisher “adds value” to it by managing the peer review.”
[Comment: Researchers do the peer review for the publisher for free, just as researchers give their papers to the publisher for free, together with the exclusive right to sell subscriptions to it, on-paper and online, seeking and receiving no fee or royalty in return].
“Since that public research has thereby been transformed into “private research,” and the publisher’s property, the government that funded it with public tax money should not be allowed to require the funded author to make it accessible for free online for those users who cannot afford subscription access.”
[Comment: The author's sole purpose in doing and publishing the research, without seeking any fee or royalties, is so that all potential users can access, use and build upon it, in further research and applications, to the benefit of the public that funded it; this is also the sole purpose for which public tax money is used to fund research.]”
H.R. 3699 misunderstands the secondary, service role that peer-reviewed research journal publishing plays in US research and development and its (public) funding.
It is a huge miscalculation to weigh the potential gains or losses from providing or not providing open access to publicly funded research in terms of gains or losses to the publishing industry: Lost or delayed research progress mean losses to the growth and productivity of both basic research and the vast R&D industry in all fields, and hence losses to the US economy as a whole.
What needs to be done about public access to peer-reviewed scholarly publications resulting from federally funded research?
The minimum policy is for all US federal funders to mandate (require), as a condition for receiving public funding for research, that: (i) the fundee’s revised, accepted refereed final draft of (ii) all refereed journal articles resulting from the funded research must be (iii) deposited immediately upon acceptance for publication (iv) in the fundee’’s institutional repository, with (v) access to the deposit made free for all (OA) immediately (no OA embargo) wherever possible (over 60% of journals already endorse immediate gratis OA self-archiving), and at the latest after a 6-month embargo on OA.
It is the above policy that H.R.3699 is attempting to make illegal…
http://openaccess.eprints.org/index.php?/archives/867-guid.html