For Immediate Release

May 9 , 2006

Contact: Barbara Meredith
Ph: 212/255-0200 ext.223
Email: bmeredith@publishers.org

Scholarly Publishers Oppose Senate Bill 2695

Unwarranted measure would have severe consequences for publishers, scientific societies, researchers, and U.S. taxpayers

Professional and scholarly publishers have expressed strong opposition to S.2695,  the “Federal Research Public Access Act of 2006” introduced by Sen. John Cornyn (R-TX) and Sen. Joseph Lieberman (D-CT).  The proposed legislation would require the majority of recipients of U.S. federal research agency funds to make their findings freely available within six months of publication.  In a statement issued today, the publishers argue that the legislation, if passed, will seriously jeopardize the integrity of the scientific publishing process, and is a duplicative effort that places an unwarranted burden on research investigators.

According to the publishers, the provisions of S.2695 threaten to undermine the essential value of peer review by removing the publishers’ incentive and ability to sustain investments in a range of scientific, technical, and medical publishing activities. The proposed legislation comes at a time when increased public access to government-funded research is already occurring in a voluntary and highly effective manner through a variety of publisher-initiated mechanisms and cooperative approaches.

“Full public access to scientific articles based on government funding has always been central to our mission.  Competition demands it and timely access to quality peer-reviewed journals is fundamental to the scientific process,” said Dr. Brian D. Crawford, chairman of the Professional and Scholarly Publishing Division of the Association of American Publishers (AAP-PSP), and a Senior Vice President of the American Chemical Society.  Americans have easy access to scientific and medical literature through public libraries, state universities, existing private-sector online databases, as well as through their professional, academic, or business affiliations, low-cost online individual article sales, and innovative health literacy initiatives such as patientINFORM (http://www.patientinform.org).

“The Cornyn-Lieberman bill would create unnecessary costs for taxpayers, place an unwarranted burden on research investigators, and expropriate the value-added investments made by scientific publishers—many of them not-for-profit associations who depend on publishing income to support pursuit of their scholarly missions, including education and outreach for the next generation of U.S. scientists,” continued Dr. Crawford. “If enacted, S.2695 could well have the unintended consequence of compromising or destroying the independent system of peer review that ensures the integrity of the very research the U.S. Government is trying to support and disseminate.”

Dr. Crawford explained that publishers invest hundreds of millions of dollars each year in publishing and disseminating peer-reviewed journals.  These investments ensure the quality of U.S. taxpayer-supported scientific research by subjecting all articles to a rigorous technical review by experts in specialized fields prior to publication and pay for the development of technological innovations that enable broad web dissemination.  “Mandating that journal articles be made freely available on government websites so soon after their publication will be a powerful disincentive for publishers to continue these substantial investments,” explained Dr. Crawford.   He said publishers are concerned that S.2695 would result in a significant loss of revenue from subscriptions, licensing, and individual article sales, thereby making it difficult for them to sustain and recoup the investments they make in support of scientific communication.  

The proposed bill was introduced on the first anniversary of the National Institutes of Health’s (NIH) adoption of its Public Access policy, which encourages the posting of journal articles based on NIH-funded research within 12 months of publication on its existing PubMedCentral database -- a policy that gained PSP/AAP member publisher support and yet remains in its early stages of government-led implementation.  A departure from the NIH’s voluntary approach, the Cornyn/Lieberman bill would mandate that 11 federal agencies create new systems and data repositories to enforce internet posting of government funded research within six months of publication.  As the NIH’s implementation of the policy has not yet progressed to the point where its impact can be assessed, publishers view the introduction of the Cornyn-Lieberman proposal as premature.

“No evidentiary record exists, and no impact studies have been conducted, to document the long-term cost to tax payers of government agencies developing yet another system to promote public access.  Moreover, no consideration has been given to what the impact of this government mandate will be on publishers’ and scholarly societies’ ability to maintain their broad base of library and other customers worldwide and invest in independent peer review systems.” said Allan Adler, the Association of American Publishers’ Vice President for Legal and Government Affairs.   He cautioned, “Responsible major U.S. government policy revisions must be based on a solid, researched understanding of the long-range impact of any policy changes.  This perspective is conspicuously absent from the proposed legislation, which would cause severe harm to the publishing community, scientific societies, and taxpayers.”

Mr. Adler said that publishers and scholarly societies urge that an independent study be conducted to measure the potential impact that any changes to the existing NIH policy or the adoption of the proposed Cornyn-Lieberman legislation would have on scientific quality, the peer review process, and the viability of numerous journals and societies--as well as the additional costs that would need to be shouldered by taxpayers.

About the Association of American Publishers (AAP)

The Association of American Publishers is the national trade association of the U.S. book publishing industry. AAP’s approximately 300 members include most of the major commercial book publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly societies.  The protection of intellectual property rights in all media, the defense of intellectual freedom and the promotion of reading and literacy are among the Association's primary concerns.

For additional information about the Professional & Scholarly Publishing Division of the AAP click here.

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