January 18, 2022

Journal Article: “Open Access Legislation and Regulation in the United States: Implications for Higher Education”

The article linked below was published today by the Journal of Copyright in Education and Librarianship.


Open Access Legislation and Regulation in the United States: Implications for Higher Education


Anjam Chaudhary
Central Michigan University

Kathy Irwin
University Libraries, Central Michigan University

David Hoa Khoa Nguyen
School of Education, Indiana University – Purdue University Indianapolis (IUPUI)


Journal of Copyright in Education and Librarianship
Vol 4 No 1 (2020)
DOI 10.17161/jcel.v4i1.13637


Accessing quality research when not part of an academic institution can be challenging. Dating back to the 1980s, open access (OA) was a response to journal publishers who restricted access to publications by requiring a subscription and limited access to knowledge. Although the OA movement seeks to remove costly barriers to accessing research, especially when funded by state and federal governments, it remains the subject of continuous debates. After providing a brief overview of OA, this article summarizes OA statutory and regulatory developments at the federal and state levels regarding free and open access to research. It compares similarities and differences among enacted and proposed legislation and describes the advantages and disadvantages of these laws. It analyzes the effects of these laws in higher education, especially on university faculty regarding tenure and promotion decisions as well as intellectual property rights to provide recommendations and best practices regarding the future of legislation and regulation in the United States.

Direct to Full Text Article
29 pages; PDF.

About Gary Price

Gary Price (gprice@mediasourceinc.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at Ask.com, and is currently a contributing editor at Search Engine Land.