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Important New NIH Public Access Requirements
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Introduction:
New NIH rules have been adopted to ensure that the public has access to published results of NIH funded research: http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html These rules require all peer-reviewed journal articles resulting from NIH funds to be deposited into the open-access digital archive, PubMed Central (PMC) within twelve months of publication. The NIH has released comprehensive guidance on these new rules at http://publicaccess.nih.gov/ including an extensive FAQ http://publicaccess.nih.gov/FAQ.htm.
Key Elements of the New Rules:
- The Policy applies to any peer-reviewed article based on work in one or more of the following categories:
- Directly funded by an NIH grant or cooperative agreement active in federal fiscal year 2008 (October 1, 2007- September 30, 2008) or beyond;
- Directly funded by a contract signed on or after April 7, 2008;
- Directly funded by the NIH Intramural Program;
- If NIH pays the investigator’s salary.
- For more details see FAQ B.1. http://publicaccess.nih.gov/FAQ.htm#b7
- The policy imposes new responsibilities on NIH Principal Investigators and their home institutions. See FAQ B.7. http://publicaccess.nih.gov/FAQ.htm#b7
- “Principal Investigators and their Institutions are responsible for ensuring all terms and conditions of awards are met. This includes the submission of articles that arise directly from their awards, even if they are not an author or co-author of the publication. Principal Investigators and their Institutions should ensure that the authors are aware of and comply with the NIH Public Access Policy.”
- Authors must address copyright before signing agreements with publishers. See FAQ C.3. http://publicaccess.nih.gov/FAQ.htm#b7
- Most journal agreements offered today do not allow authors to retain rights sufficient to comply with the new NIH rules. While it can be hoped that increasing numbers of publishers will include appropriate language as the new rules are implemented, for the time being authors must be careful to ensure that some reservation of rights is made.
- The NIH has provided sample language that can be used in agreements to address the new submittal requirements: "Journal acknowledges that Author retains the right to provide a copy of the final manuscript to the NIH upon acceptance for Journal publication, for public archiving in PubMed Central as soon as possible but no later than 12 months after publication by Journal."
- The NIH suggested language is not required; other formulations can address the PMC requirements. Additional resources for UVa faculty on author’s rights and copyright will be posted by the University of Virginia Library and the Claude Moore Health Sciences Library by the end of February, 2008.
- The Policy requires submittal of the author’s final peer-reviewed manuscript including all modifications from the peer-reviewed process, but not the journal’s final, published version of the work. See FAQ C.5. http://publicaccess.nih.gov/FAQ.htm#general
- Some journals have already agreed to submit articles directly to PMC on behalf of their authors. Investigators publishing in one of these journals need take no further action to comply with the submission requirement of the NIH Public Access Policy. A complete list of participating journals is located at: http://publicaccess.nih.gov/submit_process_journals.htm
- Any NIH applications submitted after May, 25, 2008 must include the PMC reference number for any articles covered by the new policy. FAQ C.3. http://publicaccess.nih.gov/FAQ.htm#general
Madelyn Wessel, University Library: mfw2y@virginia.edu
Gretchen Arnold, Claude Moore Health Sciences Library: GVN8R@hscmail.mcc.virginia.edu
- Legal Advice: Office of General Counsel: 924-3586
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