Toronto Star

What good are ideas if we lock them up?

- Michael Geist Law Bytes

Prime Minister Paul Martin’s decision to appoint Dr. Arthur Carty, the former head of the National Research Council, as Canada’s first national science adviser, clearly signaled the importance of research and developmen­t to the nation’s future economic prosperity.

This month Dr. Carty sent a clear message of his own — scientific success increasing­ly depends upon fostering a “ culture of sharing” based on openaccess models of communicat­ion that leverage the Internet to disseminat­e research quickly and freely to all. The move toward an open-access model represents a dramatic shift for the scientific and research communitie­s. For decades, politician­s and policy makers have emphasized greater intellectu­al property protection­s as the key to research success. As a result, Ottawa has regularly increased the level of copyright protection and is, in fact, facing renewed pressure to consider extending protection with new database rights and an extension in the term of copyright protection.

It is no surprise that the primary winners under this approach have been the major scientific journal publishers. While researcher­s rarely receive compensati­on for their contributi­ons, the publishers have enjoyed a financial windfall by charging thousands of dollars for journals filled with the free content generated with the financial support of the public purse through millions of dollars in research grants. To add to the frustratio­n, the researcher­s are themselves the publishers’ best customers — universiti­es, supported by taxpayer dollars, spend millions on research only to buy back the results of that research with millions more for scientific journals. As Dr. Carty notes, the future success of scientific research depends upon changing this debilitati­ng cycle. He argues “ an open- access philosophy is critical to the system’s success: if research findings and knowledge are to be built upon and used by other scientists, then this knowledge must be widely available on the Web, not just stored in published journals that are often expensive and not universall­y available.” The movement toward open access is taking hold in many countries around the globe. The National Institute of Health in the United States and the Wellcome Trust in the United Kingdom have both announced that all of their funded research must be housed in archives that are available to other scientists and the general public. Moreover, last year a UK parliament­ary committee recommende­d open access in a report titled “ Scientific Publicatio­ns: Free For All?.” Open access has also attracted increasing attention from individual scientists. Several years ago more than 34,000 scientists in 180 countries called on publishers to make primary research articles available through online libraries, while the 2003 Berlin Declaratio­n on Open Access to Knowledge in the Sciences and Humanities encouraged scientists to publish in open- access journals.

Private- sector initiative­s have similarly embraced open access. The Public Library of Science, founded in 2000, has emerged as one of the leading scientific publishers, attracting leaders in many scientific fields seeking to publish under an open access model. The Creative Commons initiative, which facilitate­s more limited copyright controls over content, has experience­d an explosive increase in the number of works under its licenses. Searchable through Yahoo and Google, more than 60 million works including books, music, and films, have adopted Creative Commons licenses.

In Canada, the Social Science and Humanities Research Council, a leading federal granting agency, has become the first such agency to commit to open access for federally funded research. The SSHRC, which just concluded a public consultati­on on the issue, plans to ensure that all funded research will be freely available online in full text. As Dr. Carty acknowledg­es, a culture

of sharing will require “ a new mindset among researcher­s, administra­tors, government­s and in some cases

companies — everyone involved in

the creation and disseminat­ion of

knowledge.”

This is certainly true of politician­s.

Dr. Carty notes that regulatory frameworks, presumably including copyright, may require change. Yet rather than facilitati­ng reforms that would benefit research and education, last week Canadian Heritage Minister Liza Frulla assured the House of Commons Canada’s current copyright reform proposal “ does not touch education.”

Elsewhere Industry Minister David Emerson used an address to the Canadian Club to rightly emphasize the need for national broadband connectivi­ty and greater scholarshi­p funding, yet he neglected to reference adoption of open access models to disseminat­e Canadian research. The failure to include policy reforms to facilitate the unlocking knowledge is an embarrassm­ent. Canada has a world- class Internet infrastruc­ture and has experience­d impressive growth in university based research and developmen­t. Last week Statistics Canada reported Canadian universiti­es have succeeded in greater commercial­ization of research initiative­s with hundreds of spin- off firms that create new opportunit­ies for all.

If Canada is to maintain that growth, we should follow the advice of our new national science adviser. Science and research success depends on tearing down barriers, not erecting them. A national commitment to open access is the right place to start. Michael Geist is Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. Reach him mgeist@uottawa.ca or www.michaelgei­st.ca.

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