The Research Works Act: asking the public to pay twice for scientific knowledge
There’s been a lot of buzz in the science blogosphere recently about the Research Works Act, a piece of legislation that’s been introduced in the U.S. that may have big impacts on open access publishing of scientific results. John Dupuis has an excellent round-up of posts on the subject and Kevin Zeinio has a great rant on the topic of keeping scientific knowledge open and accessible, too. What follows is an analysis by Janet D. Stewwedel from the Scientific American blog.
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. …
PRIVATE-SECTOR RESEARCH WORK- The term ‘private-sector research work’ means an article intended to be published in a scholarly or scientific publication, or any version of such an article, that is not a work of the United States Government (as defined in section 101 of title 17, United States Code), describing or interpreting research funded in whole or in part by a Federal agency and to which a commercial or nonprofit publisher has made or has entered into an arrangement to make a value-added contribution, including peer review or editing. Such term does not include progress reports or raw data outputs routinely required to be created for and submitted directly to a funding agency in the course of research. [emphasis added]
If public money is used to fund scientific research, does the public have a legitimate expectation that the knowledge produced by that research will be shared with the public? If not, why not? (Is the public allocating scarce public funds to scientific knowledge-building simply to prop up that sector of the economy and/or keep the scientists off the streets?)
Assuming that the public has the right to share in the knowledge built on the public’s dime, should the public have to pay to access that knowledge (at around $30 per article) from a private sector journal? The text of the Research Works Act suggests that such private sector journals add value to the research that they publish in the form of peer review and editing. Note, however, that peer review for scientific journals is generally done by other scientists in the relevant field for free….
The public is all too willing already to see public money spent funding scientific research as money wasted. If members of the public have to pay again to access research their tax dollars already paid for, they are likely to be peeved. They would not be wrong to feel like the scientific community had weaseled out of fulfilling its obligation to share the knowledge it builds for the good of the public. (Neither would they be wrong to feel like their government had fallen down on an ethical obligation to the public here, but whose expectations of their government aren’t painfully low at the moment?) A rightfully angry public could mean less public funding for scientific research — which means that there are pragmatic, as well as ethical, reasons for scientists to oppose the Research Works Act.
