[Insight-developers] NIH : PUBLIC ACCESS POLICY : FAQ

[Luis Ibanez]

Some excerpts from the NIH FAQ page on Public Access Policy:


            http://publicaccess.nih.gov/FAQ.htm




*What do I have to do to comply with the NIH Public Access Policy* ?
http://publicaccess.nih.gov/FAQ.htm#c1

Compliance is a three-step process.

1) Address Copyright. Before you sign a publication agreement or similar
copyright transfer agreement, make sure that the agreement allows the
article to be submitted to NIH in accordance with the Public Access Policy.

2) Submit the article to NIH. (...snip...)

3) Cite. As of May 25, 2008, when citing an article in NIH applications,
proposals, and progress reports that falls under the Policy, and was
authored or co-authored by you or arose from your NIH award, you must
include the PubMed Central reference number (PMCID). This policy
includes applications submitted to the NIH for the May 25, 2008 due date
and subsequent due dates.





*Will NIH pay for publication costs* ?
http://publicaccess.nih.gov/FAQ.htm#e3

Yes. The NIH will reimburse publication costs, including author fees,
for grants and contracts on three conditions: (1) such costs incurred
are actual, allowable, and reasonable to advance the objectives of the
award; (2) costs are charged consistently regardless of the source of
support; (3) all other applicable rules on allowability of costs are met.





*Whose approval do I need to submit my article to PubMed Central* ?
http://publicaccess.nih.gov/FAQ.htm#c2

Authors own the original copyrights to materials they write. Consistent
with individual arrangements with authors' employing institutions,
authors often transfer some or all of these rights to the publisher when
the journal agrees to publish their article. Some publishers may ask
authors to transfer copyrights for a manuscript when it is first
submitted to a journal for review.

Authors should work with the publisher before any rights are transferred
to ensure that all conditions of the NIH Public Access Policy can be
met. Authors should avoid signing any agreements with publishers that do
not allow the author to comply with the NIH Public Access Policy.

Federal employees always may submit their final peer-reviewed manuscript
to PubMed Central, because government works are not subject to copyright
protection in the United States.




*Can NIH provide language that could be used in a copyright agreement*
*between an author or institution and a publisher* ?
http://publicaccess.nih.gov/FAQ.htm#c3

NIH can provide an example. Individual copyright arrangements can take
many forms, and authors and their institutions should continue to manage
such arrangements as they have in the past. However, in order to comply
with the NIH Public Access Policy, you must make sure that the agreement
allows the accepted peer-reviewed manuscript to be deposited with the
NIH upon acceptance of publication and made available for public posting
on PubMed Central no later than 12 months after journal publication.

Institutions and investigators may wish to develop particular copyright
agreement terms in consultation with their own legal counsel or other
applicable official at their institution, as appropriate. As an example,
the kind of language that an author or institution might add to a
copyright agreement includes the following:

"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."

Your Institution or professional society may have developed specific
model language for this purpose, as well.





*A publisher says that an NIH-funded article cannot be deposited under*
*the NIH Public Access Policy. What should I do* ?
http://publicaccess.nih.gov/FAQ.htm#c4

Publishers may ask authors to transfer copyrights for a manuscript when
it is first submitted to a journal for review, and/or at the time it is
accepted for publication. Authors should work with the publisher before
any rights are transferred, to ensure that all conditions of the NIH
Public Access Policy can be met. You should check with your
institutional official, who may wish to consult with your institution’s
legal counsel, to determine how the copyright transfer agreement that
the publisher proposes you sign impacts your ability to comply with the
Policy.




*Am I responsible for articles that arise from my NIH funded project*
*for which I am not an author* ?
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.




*Is the NIH Public Access Policy a condition of award* ?
http://publicaccess.nih.gov/FAQ.htm#b8

The NIH Public Access Policy is a Term and Condition of Award for all
grants and cooperative agreements active in Fiscal Year 2008 (October 1,
2007- September 30, 2008) or beyond, and for all contracts awarded after
April 7, 2008.




*Will compliance with the NIH Public Access Policy affect the*
*outcome of the application review* ?
http://publicaccess.nih.gov/FAQ.htm#b9

Compliance with the Public Access Policy is not a factor in the
evaluation of grant applications. Non-compliance will be addressed
administratively, and may delay or prevent awarding of funds.




*How many publications arise from NIH funds each year* ?
http://publicaccess.nih.gov/FAQ.htm#f4

We estimate that there are approximately *80,000* articles
published each year that arise from NIH funds.