Open Access Is the Law in California

Governor Jerry Brown recently signed A.B. 2192, a law requiring that all peer-reviewed, scientific research funded by the state of California be made available to the public no later than one year after
publication.

EFF applauds Governor Brown for signing A.B. 2192 and the legislature for unanimously passing it—particularly Assemblymember Mark Stone, who introduced the bill and championed it at every step. To our
knowledge, no other state has adopted an open access bill this comprehensive.

As we’ve explained before[1], it’s a problem when cutting-edge scientific research is available only to people who can afford expensive journal subscriptions and academic databases. It insulates scientific
research from a broader field of innovators: if the latest research is only available to people with the most resources, then the next breakthroughs will only come from that group[2].

A.B. 2192 doesn’t solve that problem entirely, but it does limit it. Under the new law, researchers can still publish their papers in subscription-based journals so long as they upload them to public open
access repositories no later than one year after publication.