The White House Office of Science and Technology Policy (OSTP) has received funding from Congress to continue its implementation of the Nelson Memo. This memo requires any federal agency that awards research grants to implement a policy requiring immediate public access to publications resulting from that research, as well as access to data and the use of persistent digital identifiers in article metadata.
During the lengthy Federal appropriations process, the House Appropriations Committee released a bill that specifically defunded any attempt to implement the memo. No individual or lobbying group ever came forward to take any credit for trying to kill the OSTP memo in the budget, nor was there much explanation of why it might have been included.
The final appropriation bill (technically the explanatory statement accompanying the bill) only included a requirement that OSTP produce a financial analysis of the impact of the memo, “including the policy’s anticipated impact on Federal research investments, research integrity, and the peer review process,” within 100 days of the bill passing. In other positive news, this was the only requirement. There is no trigger stopping development of policy depending on what the report says. This likely means that after the report, there would be a round of Congressional hearings before more action is taken. Being an election year, there may not be enough time for a truly adverse legislative action. Overall, this means plans will progress, and there should be some good reading on the state of scholarly publishing sometime in mid-June!
Earlier this year, the Coalition for Diversity and Inclusion in Scholarly Communication (C4DISC) held their first community meeting. The main mission of the coalition is “to work with organizations and individuals to build equity, inclusion, diversity, and accessibility in scholarly communication.” The coalition officially launched in 2020 – and January’s meeting was in fact the coalition’s very first community meeting. Among its members and partners, the coalition boasts Crossref, the Library Publishing Coalition, the Open Access Scholarly Publishers Association, and more. As the push for more equitable models of publishing continues to be at the forefront of the minds of scholars and librarians, best practices around diversity, inclusion, and accessibility will lay a key foundation in assuring that scholarly publishing is not only published and consumed by the most privileged layers of our society.
To provide some context as the meeting started, coalition members presented on some of the priorities and outcomes from the past year – including toolkits and surveys developed by the coalition as a means of getting librarians and scholarly publishing practitioners thinking about their own roles in creating a more diverse scholarly record. Thee were also tools to help proactively change the culture around scholarly publishing so that marginalized voices can be centered, rather than continually obscured.
As the coalition continues to hold larger community meetings and launches its communities of practice, librarians and practitioners can start to think about best practices for ensuring diverse, equitable, and inclusive academic publishing that highlights marginalized voices and works as seminal parts of a collection or publishing portfolio.
Toolkits
As a means of providing helpful ways for institutions to build more equitable diverse models for themselves, the Coalition provides links to toolkits that have been put together by leaders in publishing and higher education.
In addition to the Toolkits above, the coalition is also currently working on an Equity on Editorial Boards toolkit – a resource that will aim to assist journal and editorial managers in figuring out the best ways to ensure an attitude and editorial board that reflects a global population.
Surveys
In addition to the toolkits, the Coalition also provides links to the 2018 and 2023 Workplace Equity Surveys. While the results and analysis from the 2023 is still being published, an article from Learned Publishing gets into some of the details from the 2018 survey.
On January 1st of each year, different cultural artifacts entire the public domain due to the expiration of their copyright – and indeed, 2024 is no different – as books, musical composition, plays, movies and more produced in the year 1928 find their way into the public domain, which means they are free to use and reference without having to acquire copyright permissions. Of course, if an author references or uses an artifact in the public domain, they should be sure to cite it, but items in the public domain are no longer constricted by any copyright law.
The 95 years rule is not a given, however, as Congress has determined this number based on finding a balance between protecting author and publisher rights during the course of their lives, and ensuring that important artistic and cultural artifacts are – after due time – able to be accessed more freely, rather than rotting away behind permissions paywalls or other copyright constrictions. And some types of content are protected for longer – sounds recordings, for instance, are currently released to the public domain after 100 years, but recordings produced between 1947 and 1956, protection will last 110 years. Since the first copyright laws were established, the trend has been to extend the time of protection in order to protect authors rights – the argument could be made, however, that this protected period is perhaps too lengthy, as it is certainly much longer than an average lifespan. The chart below shows the timelines produced by the differing copyright acts of their respective moments.
Tom Bell chart showing US copyright term over time created for Wikipedia: https://commons.wikimedia.org/wiki/File:Tom_Bell%27s_graph_showing_extension_of_U.S._copyright_term_over_time.svg
In 2024, while sound recordings may be protected – there is a great deal to welcome into the public domain. Joining the public domain – among other items – are JM Barrie’s Peter Pan play, Virginia Woolf’s Orlando, and Charlie Chaplin’s silent film The Circus. Additionally, while the sound recording has not yet hit the public domain, the lyrics and music to Cole Porter’s “Let’s Do it, Let’s Fall in Love” have also entered into the public domain. And while Winnie the Pooh has been in the public domain for the past two years, he will now be joined by his longtime friend from the Hundred Acre Wood, as Tigger was introduced in The House at Pooh Corner, which was published in 1928.
As a result of some famous character and stories coming into the public domain, new artistic reproductions are taken up without having to pay for copyright permissions. As a result some very interesting titles have been released, including Winnie-the-Pooh: Blood and Honey and Mickey’s Mouse Trap, a pair of horror movies that certainly bring an alternative experience to the beloved characters. And indeed, the impact of cultural artifacts hitting the public domain means more than new inspired slasher films – items on the public domain are useable in teaching materials without the burden of securing copyright to acquire full versions of texts. Scholars can more readily and fully study bodies of work that are in the public domain without incurring expenses, which enhances the global scholarly discourse and allows for seminal work from our cultural past to freely accessible to those interested in studying it – and indeed, on the flip side, if copyright laws continue to get stronger, the ability for scholars and and librarians to make use of assets will be continually diminished in favor of protecting the copyrights for authors and creators who indeed deserve their due – but are more than likely passed on.
For more information on the public domain, please consult the resources below:
