The Law
The NIH Public Access Policy implements Division G,
Title II, Section 218 of PL 110-161 (Consolidated
Appropriations Act, 2008)
states:
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html
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.
The Date
The policy
applies to all peer reviewed NIH sponsored
research accepted for publication on or after April 7, 2008.
Does it
apply to you?
Yes, if your
peer-reviewed article meets any of the following criteria:
-
Directly funded by an NIH
grant or cooperative agreement active in 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 your salary.
A reminder
that NIH funding includes not only grants, but
cooperative agreements, and contacts. If the author
acknowledges NIH support in the article it should
more than likely comply with the policy.
Charts from
Becker Medical Library: "When
do NIH funded authors need to comply?"
and
NIH Compliance
Flowchart.
Who is Responsible?
The Principal Investigator or Grantee
is responsible, whether or not he or she is an
author on a particular manuscript, to make certain
personnel, even subcontractors, adhere to
the
NIH Public Access Policy.
Penn State Copyright
Addendum
The author will maintain the right to
comply with the NIH manuscript submission
requirement by using the
Penn State Copyright Addendum.
Non Compliance
NIH may take proactive action to protect the
Federal government’s interests, including
placing special conditions on awards or
precluding the grantee from obtaining future
awards for a specified period, or may take
action designed to prevent future
non-compliance, such as closer monitoring.
http://publicaccess.nih.gov/FAQ.htm#c10
Relevant Topics
FAQs
NIH Policy FAQs
Public
Access FAQs
Institutional Preparations
NIH Compliance from
Becker Library Univ of Washington
How others are preparing
Misc.
Endnote Implications
for Manuscript Submission ( PMCID & NIHMID numbers)
NIH Public Access
Policy Powerpoint Slides
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