Tag Archives: oa

New Advocacy and Policy Update

The latest ARL Advocacy and Public Policy Update (covering the period from October 1 to December 22) is now available.  Previous Advocacy and Policy Updates can be found here.

From the current update’s summary:

Copyright continues to be an active area with a number of developments since October. The House Judiciary Committee continues to move forward with its copyright review and is close to completing its schedule of meetings between House Judiciary majority and minority staffers and witnesses who testified at hearings during the course of the review. In early 2016, members of the House Judiciary Committee will determine what issues they may want to work on with respect to possible reform. Additionally, Representatives Marino, Chu and Comstock introduced their bill on Copyright Office modernization, which would move the Copyright Office out of the Library of Congress and establish it as an independent agency within the legislative branch. On October 16, 2015, the Court of Appeals for the Second Circuit released its long awaited opinion in Authors Guild v. Google, strongly affirming fair use. Also in October, the Library of Congress released its final rules for the current cycle of the Digital Millennium Copyright Act’s (DMCA) Section 1201 rulemaking. Finally, the Library Copyright Alliance (LCA) filed comments responding to the Copyright Office’s Notice of Inquiry regarding a proposed pilot program for mass digitization and extended collective licensing. These comments questioned the wisdom of such a pilot program.

The US Congress passed the omnibus appropriations bill for FY 2016 and avoided a government shutdown. The omnibus exceeded mandatory caps on discretionary funding, resulting in positive results for higher education and libraries.

The Department of Education issued a proposal to amend regulations and require that all Department grantees awarded direct competitive grant funds openly license all copyrightable intellectual property created with these funds. ARL submitted comments supporting the benefits of open licensing and encouraging continued dialog.

ARL joined in comments on the proposed revision to OMB Circular A-130, the Circular that provides the rules of the road for federal information management and information technology.

The DC Circuit heard oral arguments on net neutrality in December. Although threats regarding a rider to undermine the FCC’s ability enforce its net neutrality rules emerged during the omnibus appropriations process, this rider was ultimately not included.

Congress continues to consider reform of the Electronic Communications Privacy Act (ECPA), and there is widespread support in the House for such reform. The Cybersecurity Information Sharing Act of 2015 was altered in ways that raise greater privacy concerns than its original version and was passed in the omnibus appropriations bill.

The US Supreme Court heard oral arguments in Fisher v. University of Texas at Austin (Fisher II), a case involving the University of Texas (UT) admissions process, which seeks to improve student body diversity.

Finally on the international front, more countries have ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled, moving the Treaty closer to entry into force. The negotiations of the TransPacific Partnership Agreement (TPP) have now been finalized and the texts are now public, but the agreement must still be signed and passed by each of the negotiating parties.

New Advocacy and Policy Update: August 14, 2015

A new ARL Advocacy and Policy Update, covering mid-June to mid-August is now available here.  Prior updates can be accessed here.

The summary and contents from the current Advocacy and Policy Update are reproduced below:

Summary

The US House of Representatives began the summer recess on July 30th, and the US Senate adjourned on August 6th with both reconvening on September 8th. September and October promise to be very busy months as both chambers must act on the FY 2017 appropriations bills, highway trust fund, debt ceiling, and many other issues. It is also hoped that there will be a deal to increase the spending limits under sequestration, which higher education institutions and others have long advocated for.

Much of the activity related to copyright has centered around the Copyright Office. Congressional offices continue to explore and discuss ways to modernize the Copyright Office, including various proposals to move the Copyright Office out of the Library of Congress. Additionally, the Copyright Office has issued notices of inquiries that relate to orphan works, mass digitization, visual works, and extended collective licensing.

There have been positive developments with respect to open access, open educational resources, and open data. The Obama Administration released science and technology priorities for FY 2017, which note that “preserving and improving access to scientific collections, research data, other results of federally funded research, open datasets and open education resources should be a priority for agencies.” The FASTR Bill to enhance public access to research was approved unanimously by the US Senate Committee on Homeland Security and Governmental Affairs.

Privacy and surveillance concerns continue as Congress is considering cybersecurity legislation that raises serious issues for privacy and civil liberties. Litigation around net neutrality is in full swing, with the briefs of telecommunications companies opposing the FCC’s net neutrality rules filed in July.

Finally, ARL continues to promote a simple and quick ratification of the Marrakesh Treaty. Currently, 10 countries have ratified the Treaty, and 10 more are needed for it to enter into force.

Contents

Copyright and Intellectual Property

  • Proposal to “Modernize” the Copyright Office
  • Copyright Office Notice of Inquiry on Visual Works
  • Copyright Office Notice of Inquiry on Mass Digitization and Extended Collective Licensing
  • House Judiciary Committee’s Copyright Review

Open Access, Open Educational Resources, and Open Data

  • Obama Administration Releases Science and Technological Priorities for FY 2017
  • Coalition Calls on White House to Open Up Access to Federally Funded Educational Resources
  • FASTR Bill to Enhance Public Access to Research Approved by US Senate Committee
  • National Technical Information Service (NTIS)

Update Appropriations

Draft Bill Would Eliminate NHPRC

Privacy and Surveillance

  • Cybersecurity Legislation
  • Electronic Communications Privacy Act Reform

Telecommunications

  • Net Neutrality Litigation

International Treaties

  • Trans-Pacific Partnership Agreement
  • Marrakesh Treaty

More than 90 Organizations and Institutions Call for Administration Policy on Open Educational Resources

On August 4, 2015, ARL joined more than 90 organizations and institutions wrote to President Obama calling for a policy to ensure that federally funded educational materials “are made available to the public as Open Educational Resources to freely use, share and build upon.”

 

The letter discusses the impact of open educational resources (OER) and points to several examples where the use of OER has resulted in significant cost savings, including Washington State’s Open Course Library program that has saved students more than $5.5 million.  It also points out that “[e]merging evidence in both K-12 and higher education has begun to demonstrate that students using Open Educational Resources have the same or better academic outcomes than peers using traditional materials.”

 

The letter recommends:

To achieve these goals, Administration policy on access to federally funded educational materials should direct the agencies to adhere to these core principles:

1.  A broad definition of educational materials. The educational, training, and instructional materials covered by the Order should include any unclassified information resource created, in whole or in part, with Federal funds designed to educate, instruct, train or inform. At the core, these would include learning materials, professional development resources and job training materials, but recipients of Federal funds create many other informational resources concerning, for example, public health, the environment, or energy that could be adapted for educational use if these were made freely available over the Internet under terms that permitted such adaptation.

2.  Free access through the internet. Any covered information should be freely accessible through the Internet if in digital form.

3.  Conditions that enable reuse. To maximize the value of these informational resources created with public funds, it is essential that recipients of Federal funds agree as a term and condition of such funding that they grant to the public broad copyright permission to reuse and adapt these materials for any purpose so long as the creator and the agency receive appropriate attribution.[6]

4.  Prompt implementation. Agencies should be required to implement this policy in no more than 12 months. This action is well within the purview of existing procurement law and does not require notice and comment.

5.  Reporting to OSTP.  Agencies should report their progress and results to the Office of Science and Technology Policy.

[T]he price of textbooks has risen more than 800% over the past 30 years, a rate faster than medical services (575%), new home prices (325%), and the consumer price index (250%).

from The Changing Textbook Industry – a fascinating blog post by Jonathan Band for CCIA’s DisCo blog.

The Board believes that the licensing terms in the Taylor & Francis author agreement are too restrictive and out-of-step with the expectations of authors in the LIS community.

Editorial board of the Journal of Library Administration resigns from Taylor and Francis journal over author agreement terms – The Ubiquitous Librarian – The Chronicle of Higher Education via @copycense

Nearly all the spokespeople and committee members I’ve seen in the press (the library trade press aside) about e-textbook pilot projects come from academic-affairs offices or campus IT, and that worries me.

Preventing the Second Big Deal | Peer to Peer Review

The same is true of the MOOC phenomenon. We need to get librarians in these conversations, and open access in these conversations, before it’s too late.

If you want to be in the business of printing truth, the best license to choose for your business is the Creative Commons Attribution License (CC BY). For now. And if you’re printing science, medicine, technology or even philosophy, I really hope you want to print truth.

Eric Hellman (aka @gluejar) with a nice analogy between printing money and “printing truth,” and the sources of authority for each.