Proposed Act on Global Open Access to Publicly Funded Research

Proposed Act on Global Open Access to Publicly Funded Research

Preamble

WHEREAS, the advancement of knowledge and innovation serves as a foundational pillar for global prosperity, societal well-being, and sustainable development;

WHEREAS, significant public investment is directed towards scientific research and scholarly inquiry across all member states;

WHEREAS, the outputs of publicly funded research constitute a global public good, the unrestricted availability of which accelerates discovery, fosters collaboration, enhances transparency, and promotes equitable access to knowledge;

WHEREAS, existing barriers to accessing scholarly publications impede the efficient dissemination and utilization of research findings, thereby hindering scientific progress and societal benefit;

WHEREAS, a harmonized global framework is necessary to ensure consistent and equitable access to publicly funded research outputs, transcending geographical and economic disparities;

BE IT ENACTED by the World Parliament as follows:

Article 1: Definitions

For the purposes of this Act:

1. "Publicly Funded Research" means any research, scholarly inquiry, or development activity, in whole or in part, funded by governmental bodies, intergovernmental organizations, or other public entities within any member state, directly or indirectly through grants, contracts, or institutional allocations.
2. "Scholarly Publication" means peer-reviewed articles, monographs, book chapters, conference papers, research data, and other outputs of scholarly communication resulting from Publicly Funded Research, intended for public dissemination.
3. "Open Access" means the immediate, unrestricted, online availability of Scholarly Publications, free of charge to the reader, with rights for users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. This shall be facilitated through a Creative Commons Attribution (CC BY) license or an equivalent license permitting maximum reuse while ensuring proper attribution.
4. "Institutional Repository" or "Subject Repository" means a digital archive maintained by a research institution or a disciplinary community, respectively, designed for the long-term preservation and Open Access dissemination of scholarly outputs.
5. "Embargo Period" means a temporary period during which a Scholarly Publication is not made immediately available under Open Access terms.

Article 2: Global Open Access Mandate

1. All Scholarly Publications resulting, in whole or in part, from Publicly Funded Research shall be made available under Open Access terms no later than the date of their official publication.
2. Researchers, institutions, and funding recipients shall ensure that the final peer-reviewed manuscript or the publisher's version of record of all Scholarly Publications is deposited in an approved Institutional Repository or Subject Repository immediately upon acceptance for publication.
3. The repository copy shall be made publicly available under a Creative Commons Attribution (CC BY) license or an equivalent license permitting maximum reuse, without any Embargo Period.
4. Funding agencies shall incorporate this mandate into their grant agreements, contracts, and funding terms and conditions.

Article 3: Permissible Exceptions

1. Limited exceptions to the immediate Open Access mandate may be considered under extraordinary circumstances, provided they are demonstrably necessary and proportionate, and subject to the explicit approval of the relevant funding body. Such circumstances may include:
a. Protection of national security interests.
b. Protection of personal data and privacy, where anonymization is not feasible.
c. Cases where immediate public disclosure would demonstrably jeopardize the commercial exploitation potential of an invention prior to patent application or similar intellectual property protection, for a period not exceeding six (6) months from the date of publication.
2. Any approved Embargo Period shall not exceed a maximum of six (6) months from the date of official publication. Following the expiration of any such approved period, the publication shall be made fully Open Access.
3. Exceptions shall not exempt the requirement for deposit in an approved repository.

Article 4: Responsibilities of Funding Agencies and Research Institutions

1. Funding Agencies: Shall develop and implement policies and mechanisms to ensure compliance with this Act by all recipients of Publicly Funded Research. This shall include:
a. Requiring Open Access compliance as a condition for funding.
b. Providing guidance and resources to assist researchers in meeting Open Access requirements.
c. Monitoring compliance and reporting on Open Access rates.
2. Research Institutions: Shall establish or designate suitable Institutional Repositories, provide necessary infrastructure and support for researchers to deposit their publications, and ensure the long-term preservation and discoverability of Open Access content.
3. Researchers: Shall be responsible for depositing their Scholarly Publications in accordance with this Act and ensuring compliance with the specified Open Access terms.

Article 5: Compliance and Enforcement

1. Non-compliance with the provisions of this Act may result in consequences determined by the relevant funding agency, which may include, but are not limited to, suspension or termination of current funding, ineligibility for future funding, or other administrative measures.
2. The World Parliament shall establish a standing committee to monitor the global implementation of this Act, assess its effectiveness, and recommend further measures or amendments as required.

Article 6: Transitional Provisions

1. This Act shall apply to all Scholarly Publications resulting from Publicly Funded Research for which funding is awarded or renewed on or after twelve (12) months following the entry into force of this Act.
2. The World Parliament, in collaboration with funding agencies and research institutions, shall issue detailed guidelines and best practices for the phased implementation of this Act, including technical standards for repositories and metadata.

Article 7: Entry into Force

This Act shall enter into force on the first day of the seventh month following the date of its approval by the World Parliament.