PLoS is now starting
its own Open Access journals and is the supporter of the
"Public Access to Science Act" bill.
A most interesting and laudable legal initiative.
A BILL To amend title 17,
United States Code, to exclude from
copyright protection works resulting from scientific research
substantially funded by the Federal Government.
SECTION 1. SHORT TITLE.
This Act may be cited as the '' Public Access to Science Act''.
SEC. 2. FINDINGS.
The Congress finds that
(1) the United States Government funds basic
research with the intention and the belief that the
new ideas and discoveries that result from the research
will improve the lives and welfare of the people of the United States and around the world;
(2) works of the United States Government are beyond the reach of copyright
protection so that they will be freely available for the benefit of the people
of the United States;
(3) the United States Government spends $45,000,000,000 a year
to support scientific and medical research whose product is new knowledge
for the public benefit;
(4) the Internet makes it possible for this information to be promptly available
not only to every scientist and physician who could use it to further
the public good, but to every person with access to the Internet at home, in school, or in a library;
and
(5) United States Government funded research belongs to,
and should be freely available to, every person in the United States.
SEC. 3. COPYRIGHT STATUS OF WORKS SUBSTANTIALLY
FUNDED BY THE FEDERAL GOVERNMENT.
(a) FUNDING AGREEMENTS. -- Section 105
of title 17,
United States Code, is amended--
(1) by striking '' Subject to'' and inserting ''( a)
IN GENERAL^A Subject to''; and
(2) by adding at the end the following:
''( b) FEDERALLY FUNDED WORKS.--
''( 1) IN GENERAL.-- Copyright protection under
this title is not available for any work produced pursuant
to scientific research substantially funded by
the Federal Government to the extent provided in
the funding agreement entered into by the relevant
Federal agency pursuant to paragraph (2).
''( 2) PROVISION IN FUNDING AGREEMENTS.--
Any Federal department or agency that enters into
a funding agreement with any person for the performance
of scientific research substantially funded
by the Federal Government shall include in the
agreement a provision that states that copyright
protection under this title is not available for any work
produced pursuant to such research under the agreement.
''( 3) REGULATIONS.-- Each Federal department
or agency that enters into funding agreements to
which paragraph (2) applies shall issue regulations
to carry out that paragraph.
''( 4) DEFINITION.-- In this subsection, the term
'funding agreement' means any contract, grant, or
cooperative agreement entered into between any
Federal agency and any person for the performance
of scientific research funded by the Federal Government.
Such term includes any assignment, substitution of parties,
or subcontract of any type entered
into for the performance of such research. ''.
(b) EFFECTIVE DATE.-- The amendments made by
subsection (a) shall apply to any funding agreement (as
defined in section 105( b)( 4) of title 17, United States
Code, as added by subsection (a) of this section), entered
into on or after the date of the enactment of this Act.
*SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that any Federal department
or agency that enters into funding agreements
(as defined in section 105( b)( 4) of title 17, United States
Code, as added by section 3( a) of this Act) should make
every effort to develop and support mechanisms for making
the published results of the research
conducted pursuant to the agreements freely and easily available to the
scientific community, the private sector, physicians, and
the public.
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