The document comprises a series of letters and formal comments submitted by leading higher education and research associations, including 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), regarding the U.S. Department of Education's regulation mandating open licensing of copyrightable materials created with Department grant funds. While the associations express support for the principle of broad public dissemination of educational resources funded by federal grants, they raise substantial concerns about the open licensing rule's breadth and prescriptiveness. Specifically, they argue that a "one size fits all" mandate does not account for the diversity of educational materials and could inhibit productive partnerships with the private sector, undermine quality control and validation of educational technologies, and deter the commercialization and further development of valuable innovations.
The associations further highlight that universities already employ a range of distribution and licensing strategies, including open licensing where appropriate, and stress the importance of local, case-by-case decision-making by grantees most familiar with the goals and contexts of their work. They commend the Department’s responsiveness in building exemptions into the rule, but caution that the exemption process lacks clarity, transparency, and could result in unnecessary bureaucratic burdens and inconsistencies. Additionally, concerns are raised about legal authority, potential negative impacts on intellectual property rights, and the absence of supporting data or cost analysis for the rule’s underlying assumptions. The groups advocate for substantial revision or reconsideration of the open licensing requirement, urging a collaborative approach to regulatory reform that balances public access with quality assurance and the effective management of intellectual property to best serve the public interest.
