[BOAI] Re: First U.S. Public Access Policy Made Permanent
Allen Kleiman
allenk at panix.com
Fri Mar 13 12:07:10 GMT 2009
Thanks for the clarification.
Allen
_____
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of David Prosser
Sent: Friday, March 13, 2009 4:37 AM
To: boai-forum at ecs.soton.ac.uk
Subject: [BOAI] Re: First U.S. Public Access Policy Made Permanent
Copyright is only assigned to the publisher after the contract has been made
with the funder, so the correct order of events is:
1. Researcher receives funding from NIH
2. As part of funding conditions researcher agrees to deposit any
resulting paper
3. Researcher offers paper to journal (publisher) on the understanding
that the publisher allows deposit
4. Any transfer of copyright (or license) has to therefore include the
right of the author to deposit their paper (as per the researcher's original
agreement with NIH).
So, there is no conflict with copyright.
Best wishes
David
David C Prosser PhD
Director
SPARC Europe
Tel: +44 (0) 1865 277 614
Mobile: +44 (0) 7974 673 888
Web: <http://www.sparceurope.org> www.sparceurope.org
_____
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of Allen Kleiman
Sent: 13 March 2009 07:49
To: boai-forum at ecs.soton.ac.uk
Subject: [BOAI] Re: First U.S. Public Access Policy Made Permanent
Importance: High
That's not the point! It seems that under the existing copyright laws this
new provision for NIH sponsered publications is subject to interpretation.
_____
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of Iryna Kuchma
Sent: Thursday, March 12, 2009 4:22 PM
To: boai-forum at ecs.soton.ac.uk
Subject: [BOAI] Re: First U.S. Public Access Policy Made Permanent
And did you try the SPARC Author Addendum to secure your rights as the
author of a journal article and to modify the publisher's agreement to keep
key rights?
With best wishes,
Iryna Kuchma
eIFL Open Access program manager
eIFL.net
2009/3/12, Allen Kleiman <allenk at panix.com>:
It seems to me that this statement:
"...Provided, That the NIH shall implement the public access policy in a
manner consistent with copyright law."
Softens the whole message as copyright is assigned to the publisher; at
least in the peer reviewed journal I publish in!
-----Original Message-----
From: boai-forum-bounces at ecs.soton.ac.uk
[mailto:boai-forum-bounces at ecs.soton.ac.uk] On Behalf Of Iryna Kuchma
Sent: Thursday, March 12, 2009 2:01 PM
To: boai-forum at ecs.soton.ac.uk
Subject: [BOAI] First U.S. Public Access Policy Made Permanent
[Forwarding from SPARC Open Access Forum]
For immediate release
March 12, 2009
Contact:
Jennifer McLennan
jennifer [at] arl [dot] org
(202) 296-2296 ext. 121
first u.s. public access policy made permanent
2009 Consolidated Appropriations Act ensures NIH public access policy will
persist
Washington, D.C. - March 12, 2009 - President Obama yesterday signed into
law the 2009 Consolidated Appropriations Act, which includes a provision
making the National Institutes' of Health (NIH) Public Access Policy
permanent. The NIH Revised Policy on Enhancing Public Access requires
eligible NIH-funded researchers to deposit electronic copies of their
peer-reviewed manuscripts into the National Library of Medicine's online
archive, PubMed Central (PMC). Full texts of the articles are made publicly
available and searchable online in PMC no later than 12 months after
publication in a journal.
The NIH policy was previously implemented with a provision that was subject
to annual renewal. Since the implementation of the revised policy the
percentage of eligible manuscripts deposited into PMC has increased
significantly, with over 3,000 new manuscripts being deposited each month.
The PubMed Central database is a part of a valuable set of public database
resources at the NIH, which are accessed by more than 2 million users each
day.
The new provision reads in full:
The Director of the National Institutes of Health shall require in the
current fiscal year and thereafter 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.
"This is a significant moment for all of us in the health community, and
for efforts in health reform. With free access to health research,
individuals are empowered with the knowledge necessary to understand the
health threats they and their families face," said Sharon Terry, President
and CEO of Genetic Alliance. "Congress recognizes the incredible power of
technology and innovation in enabling new solutions for the proactive
management of health, consumer-driven healthcare, and novel partnerships and
collaborations in research. Congratulations to us all."
The NIH Public Access Policy addresses the public's growing need for
high-quality health information and promotes accelerated scientific
advancement in the biomedical sciences.
"Public access to publicly funded research contributes directly to the
mission of higher education," said David Shulenburger, Vice President for
Academic Affairs at NASULGC (the National Association of State Universities
and Land-Grant Colleges). "Improved access will enable universities to
maximize their own investment in research, and widen the potential for
discovery as the results are more readily available for others to build
upon."
Heather Joseph, spokesperson for the Alliance for Taxpayer Access noted,
"Thanks to the work of a wide coalition of patients, libraries, researchers,
publishers, students, and taxpayers, the results of NIH-funded research can
be accessed - and used - in ways never before possible. The successful
implementation of this policy will unlock the potential of this research to
benefit the public as a whole. "
For more information, and a timeline detailing the evolution of the NIH
Public Access Policy beginning May 2004, visit the ATA Web site at
http://www.taxpayeraccess.org.
###
The Alliance for Taxpayer Access is a coalition of patient, academic,
research, and publishing organizations that supports open public access to
the results of federally funded research. The Alliance was formed in 2004 to
urge that peer-reviewed articles stemming from taxpayer-funded research
become fully accessible and available online at no extra cost to the
American public. Details on the ATA may be found at
http://www.taxpayeraccess.org.
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