The document is a formal letter submitted on December 14, 2015, by the Association of American Universities (AAU), the Association of Public Land-grant Universities (APLU), the Association of University Technology Managers (AUTM), and the Council on Governmental Relations (COGR), collectively representing major research universities and technology transfer professionals in the U.S. The letter addresses the U.S. Department of Education’s proposal to require recipients of Department grants to openly license all copyrightable intellectual property resulting from funded projects. While the organizations express support for the objective of broadening public access to educational materials and increasing the impact of federal funding, they strongly caution that a universal open licensing mandate would be overly broad and may have counterproductive consequences.
Specifically, the signatories highlight concerns that such a blanket policy could undermine universities’ ability to transfer educational technologies to the private sector, discourage private investment necessary for effective development and commercialization, and jeopardize the quality and integrity of educational materials. The letter also raises questions about the Department’s legal authority for the proposed changes, potential conflicts with existing intellectual property legislation such as the Bayh-Dole Act, and insufficient empirical data underpinning the rulemaking. The organizations advocate for a more nuanced approach that balances public access with the need for quality control, investment incentives, and the protection of proprietary interests where appropriate. They urge the Department to reconsider the proposed rule, engage stakeholders in developing targeted solutions, and maintain flexibility to adopt the most effective distribution models for different kinds of educational outputs.
