1. American Physiological Society
NIH Deposit - Mandated Despite the Existence of Open, Delayed, and Free Access: New Stakes and Exposures
Martin Frank, Ph.D.
American Physiological Society
AAP/PSP Meeting
February 7, 2008
Washington, DC

2. HighWire Press
The largest repository of high impact, peer-reviewed content
1099 journals (277 free or delayed access out of 370 in Medline)
4,639,110 full text articles from over 130 scholarly publishers
1,834,404 free articles
Host 71 of the 200 most-frequently-cited journals

3. Free/Delayed Access Models 277 out of 370 HW Medline Journals (provided by John Sack, HW Press)

4. PubMed Central – full text deposit
310 active journals on PMC
64% have OA Business Models
12% have delayed access after 12 months
Biomed Central = 183 journals (59%)
Hindawi = 12 journals
PLoS = 4 journals

5. Deposition Rates
NIH Articles published in CY2006 currently available in PMC
Total
Intramural
Extramural
Total Articles Published
78,000
5,800
73,800
Author Deposit
3,520 (5%)
300 (6%)
3,470 (5%)
PMC Deposit
10,040 (13%)
880 (14%)
9,420 (13%)
Total Deposited
13,560 (17%)
1,065 (19%)
12,890 (17%)
Note- some articles have both Intramural and Extramural authors, and are therefore listed in both columns

6. The times they are a changin’
2005 – Public Access = voluntary
– Public Access = mandatory
NIH = 12 months
Wellcome Trust = 6 months
HHMI = 6 months
European Research Council = 6 months
British Heart Foundation = 6 months
RCUK = 6 months

7. Mandatory Policy Approved
The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.
December 26th, President Bush signed into law the Consolidated Appropriations Act of 2007 (H.R. 2764)

8. Cautionary Notes
Senate Report – “The Committee highly encourages collaborations with journal publishers that would enable them to deposit manuscripts on behalf of the funded investigator, if all parties agree. The Committee directs the NIH to seek and carefully take into account the advice of journal publishers on the implementation of this policy. In particular, the Committee directs the NIH to ensure that publishers’ copyright protections are maintained…”

9. Executive Office of the President Statement of Administration Policy
Public Access to Research Information. …the bill would require that manuscripts based on NIH-funded research be made available to the public within 12 months of publication. The Administration notes that NIH’s current policy … has only been in effect for 2 years, and the Administration believes there is opportunity for Congress to study the current policy and consider ways to encourage better participation.
The Administration believes that any policy should balance the benefit of public access to taxpayer supported research against the possible impact that grant conditions could have on scientific research publishing, scientific peer review and on the United States’ longstanding leadership in upholding strong standards of protection for intellectual property.

10. NIH – Creating Confusion & Changing the Rules
May 2005 Policy
The Policy applies to peer-reviewed, original research publications that have been supported in whole or in part with direct costs from NIH, but it does not apply to book chapters, editorials, reviews, or conference proceedings.
April 2008 Policy
The Policy applies to all peer-reviewed journal articles, including research reports and reviews. The Policy does not apply to non-peer-reviewed materials such as correspondence, book chapters, and editorials.

11. NIH – Creating Confusion & Changing the Rules
April 2008 Policy FAQs
- requires scientists to submit journal articles that arise from NIH funds to the digital archive PubMed Central. The Policy requires that these articles be accessible to the public on PubMed Central…
Consolidated Appropriations Act, 2008 states:
SEC The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication…

12. NOT-OD-08-033 - Copyright Compliance is Not NIH’s Responsibility??
Consolidated Appropriations Act of 2007 (H.R. 2764)
Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.
2. Institutions and investigators are responsible for ensuring that any publishing or copyright agreements concerning submitted articles fully comply with this Policy.

13. Petition for Rulemaking
We therefore request, pursuant to 5 U.S.C §553(e) that HHS conduct a public notice and comment rulemaking to ensure that all affected stakeholders are given an opportunity to respond to the proposed plan for implementing the new policy which, as directed by Congress, must be implemented “in a manner consistent with copyright law.”
AAP/DC Principles Coalition

14. NIH Portfolio Agreement
Under the current PMC agreements with publishers, any journal that has joined PMC after July 2006 has to agree to allow NLM to redistribute the journal's content from PMC to any PMC International (PMCI) site with which NCBI might enter into a collaborative agreement. 
NIH has modified this to apply only to the currently active PMC sites - at present that is just PMC (NLM) and UKPMC.  Redistribution to any future PMCI sites would require explicit permission from the journal publisher.

15. Looking into the Future
Making research available online quickly is becoming more common, according the Arthur Caplan, the director of Penn's Center for Bioethics. In the time-pressured world of academic research, 12 months is a very long time to wait for free access. Caplan said it's likely the mandate will be shortened to about six months.
(C) 2008 Daily Pennsylvanian via U-WIRE
Re-Introduction of FRPAA in 2008??

16. Thank you Martin Frank mfrank@the-aps.org 301-634-7118