[Congressional Record Volume 154, Number 143 (Wednesday, September 10, 2008)]
[Extensions of Remarks]
[Page E1753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE FAIR COPYRIGHT IN RESEARCH WORKS ACT OF 2008

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                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                     Wednesday, September 10, 2008

  Mr. CONYERS.  Madam Speaker, today I am introducing the Fair 
Copyright in Research Works Act of 2008, legislation that would 
preserve the intellectual property rights of our Nation's researchers 
and scientists. Specifically, the bill would prevent the Federal 
Government from requiring the transfer of intellectual property rights 
from researchers expressly in cases where there are non-federal 
financial or other contributions made toward the advancement or 
dissemination of science. Representatives Darrell Issa, Robert Wexler 
and Tom Feeney join me in this important effort to preserve 
intellectual property rights while furthering the national goal of 
advancing science and innovation.
  This legislation is necessary to respond to a dramatic policy change 
which was instituted in April of this year at the National Institutes 
of Health, without adequate Congressional consideration of the impacts 
of those changes on the intellectual property system, innovation, the 
peer review system, or our international obligations.
  In fact, this change in policy--from voluntary to mandatory 
submission of copyrighted materials--could severely impact important 
negotiations with our international trading partners. Already we are 
hearing reports, in conversations at the World Health Organization and 
in other international forums, the new National Institutes of Health 
policy to limit the exercise of copyright by authors and owners is 
being taken as a sign that the United States is shifting its position 
away from being a strong proponent of intellectual property rights and 
enforcement. Interest groups are using this example not only to promote 
a relaxation of copyright protections, but also to advocate for 
international diminution in strong patent policy.
  The legislation that we have introduced today would restore 
intellectual property protections for scientists, researchers, and 
publishers until a more thorough analysis of the access issues and a 
determination of an appropriate policy can be performed by the Register 
of Copyrights in consultation with economic experts.
  Our intent is that no harm should be done to the peer review system--
a system that has been in place for over a hundred years and is the 
gatekeeper winnowing out great science from careless science or even 
fraudulent ``research'' results. We intend to ensure that the 
intellectual property protections currently in place, which provide 
important incentives for the private sector to make significant I 
investments in research, are carefully considered before any policy 
change is enforced or proliferates in this area.
  This legislative effort is supported by scientific societies, large 
and small publishers, and for profit and non-profit entities. It is an 
inportant and necessary step in the fight to maintain our competitive 
edge in a global marketplace. Copyright protections provide the 
incentive to ensure that publishers invest in the peer review process, 
thus ensuring that science is adequately vetted prior to being 
distributed to the public.

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