1. ARL 1 NIH Public Access Policy: Background for Campus Implementation Strategies Karla Hahn ARL Office of Scholarly Communication Coalition for Networked Information Spring Task Force Meeting Tuesday, April 8, 2008 9-10 am

2. ARL 2 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. — Public Law 110-161, Division G, Title II, Section 218

3. ARL 3 Key dates oApril 7, 2008: Articles accepted for publication on or after this date must be deposited in PubMed Central. oMay 25, 2008: Beginning on this date anyone submitting an application, proposal or progress report to the NIH must include the PubMed Central reference number when citing articles arising from their NIH funded research. (This includes applications submitted to the NIH for the May 25, 2008 and subsequent due dates.)

4. ARL 4 What is required of grantees?

5. ARL 5 Three elements of compliance 1.Retain copyright sufficient to grant PMC a license for public access. 2.Submit an accepted article using the PMC website. Includes confirmation of the final version. 3.Verify compliance in later applications by use of PMC reference numbers

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7. 7 Copyright management Copyright is an author’s right. Author has copyright automatically, as soon as work is fixed. Usually, individual faculty sign agreements -- often transfers of copyright -- with publishers. NIH policy forces us to look closely at how this asset is managed.

8. ARL 8 What strategies would lead to rights retention? With grateful acknowledgement to Kevin Smith, J.D. Scholarly Communications Officer Duke University

9. ARL 9 Options for copyright management 1.Publish in journals that offer compliance for the author. Some journals have contracts with NIH to put all their content into PMC. Others will deposit articles when told of NIH funding (Elsevier). Author may still need to verify Institution could choose to negotiate directly with publishers.

10. ARL 10 Options for copyright management 2. Grantee institution could take a limited license for deposit. Create policy between institution and investigators. License could be automatic, prior to any publication agreement Authors would need to inform publishers Licenses could cover PMC deposit, but also institutional repository, other funder mandates, etc.

11. ARL 11 Options for copyright management 3. Assist authors to manage copyright themselves Some risk of institutional consequences for errors or neglect. Ways to assist authors: Submission letter at initial contact with journal. Addenda with rights retention language. Rights retained can be specific to NIH or as broad as institution needs.

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13. ARL 13 Language of addenda NIH suggestion: The 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.

14. ARL 14 Some Resources oNIH Public Access Policy Site http://publicaccess.nih.gov oARL Guide for Research Institutions http://www.arl.org/sc/implement/nih/guide/index.shtml oARL’s Authors and their Rights Page http://www.arl.org/sc/copyright/author-rights- resources.shtml oSPARC’s Author Rights Page http://www.arl.org/sparc/author/index.html