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Date:         Tue, 22 Dec 1992 09:25:05 CST
From:         Torsten Wesley Adair <torsten@cwis.unomaha.edu>
Subject:      ERIC copyright? (from ALAWON Vol. 1, No. 17) (fwd)
Comments: cc: govdoc-l <govdoc-l@PSUVM.PSU.EDU>,
          Verne Haselwood <hasel@cwis.unomaha.edu>

----------------------------Original message----------------------------
        Here's some more holiday cheer.
Torsten Adair   torsten@cwis.unomaha.edu

---------- Forwarded message ----------
Date: Fri, 18 Dec 1992 16:38:36 -0500
From: ALA Washington Office <NU_ALAWASH%CUA.BitNet@pucc.PRINCETON.EDU>
To: Multiple recipients of list ALA-WO <ALA-WO%UICVM.BitNet@pucc.PRINCETON.EDU>
Subject: ALAWON Vol. 1, No. 17

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                                  ALAWON
                      ALA Washington Office Newsline
                     An electronic publication of the
              American Library Association Washington Office
                            Volume 1, Number 17
                             December 18, 1992
   In this issue: (192 lines)
     FROM THE EDITOR
     LIBRARY EDUCATION GRANTS
     ERIC DATABASE COPYRIGHT
     UNSUBSCRIBING FROM ALAWON
     NATIONAL NET'93 MEETING
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                              FROM THE EDITOR
This is the first of three ALAWON issues distributed on December 18.  Vol.
1 No. 18 and 19 will be sent later today.
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...
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                          ERIC DATABASE COPYRIGHT

In a November 3, 1992 letter, the Department of Education solicited
comments to proposed changes to ERIC from ERIC users.  Robert Stonehill,
Director of the Educational Resources Information Center (ERIC) announced
that in November 1991, the Department of Education (ED) modified the
contract for the ERIC Processing and Reference Facility, which produces the
ERIC database tapes, permitting the contractor "to copyright the ERIC
database and to collect modest fees--subject to ED approval--for commercial
and academic usage."

In his letter, Stonehill said that the decision to permit copyright of the
ERIC database has "generated both some controversy and some
misconceptions."  The letter continues "it has been estimated that
commercial usage revenues derived from the ERIC database are around $4
million per year, _but the ERIC system has never benefited from even a cent
of those revenues._  (Emphasis in original)  Under the previous
arrangement, _all_ proceeds from the commercial use of the ERIC database
have accrued to the private vendors, without any benefit to ERIC.  For all
of its 25-year history, ERIC has relied solely on Federal funding; however,
funds have never been appropriated--or even requested--for database
maintenance, improvement, and dissemination.  And given the Federal budget
outlook (ERIC funding was reduced nearly two percent in FY 1993), the near-
term availability of such finds is unlikely."

The fee structure proposed by the ERIC Facility includes the following:

* A 10 percent fee on commercial online use and CD-ROM use.  For example,
on a connect-time charge of $36/hour, ERIC would collect a fee of
$3.60/hour.

* A flat annual fee of $750 for an institution of higher education or other
non-profit agency planning to mount ERIC tapes to serve its faculty and
students.

* No usage fees for public libraries or state and local education agencies
which purchase the ERIC database tapes.

Stonehill estimates that these usage fees would raise between $150,000 and
$250,000 annually.  This income would be used strictly to improve the
quality of the database, and to enhance its worldwide dissemination and
use.  Stonehill also states that "while this decision may result in
slightly higher fees for using ERIC online through a commercial service,
and will result in somewhat higher tape costs for academic institutions,
ERIC will still remain one of the least expensive database services
available.  In fact, many ERIC end-users will not see any cost increases at
all, since the costs will be borne by the institutions or vendors hosting
the database."

At its 1992 Annual Conference, ALA Council passed a resolution opposing
copyright of the ERIC database.  H.R. 4014, the Education, Research,
Development, and Dissemination Excellence Act, prohibited copyright of the
ERIC database and the charging of royalties and user fees.  This bill was
passed in the House, but the Senate did not act on it, and it did not
become law.  (See ALAWON Vol. 1, No. 13, October 21, 1992.)  On November
25, 1992, Rep. William Ford (D-MI), Chair of the House Committee on
Education and Labor, wrote to Secretary of Education Lamar Alexander: "I
believe the public interest is best served if databases such as the ERIC
database are in the public domain, and that federal agencies should avoid
permitting contractors to establish exclusive, restricted, or other
distribution arrangements."

ACTION NEEDED:  Although there is no deadline provided in the November 3
letter, there is still time to write the Department of Education.  Comments
should be submitted soon because a decision on user fees may be made in
January.  Write to Diane Ravitch, Assistant Secretary for Educational
Research and Improvement, Capitol Place, 555 New Jersey Ave. NW,
Washington, DC 20208, urging the Department of Education to withdraw its
permission to copyright the ERIC database, thereby keeping this taxpayer-
funded database in the public domain.  Also urge the Department of
Education to utilize appropriated funds for needed enhancements to the ERIC
database and to reject its contractor's proposal that royalty charges and
user fees be imposed to fund improvements and generate additional revenue
for the contractor for its services.

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