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NIH public access mandate becomes law December 27, 2007

Posted by Kevin Smith in : Authors' Rights, Open Access and Institutional Repositories, Scholarly Publishing , trackback

On the day after Christmas, President Bush signed the Omnibus Appropriations bill for fiscal year 2008, ending a long struggle with Congress over earmarks, appropriate funding levels for various government agencies and continued funding for the war in Iraq.  Buried deep in this huge and complex document (section 218, to be specific, although not all the sections seem to be numbered) is language that turns the voluntary program of open access deposit for research articles that are the result of National Institute of Health funding into a mandate.

Beginning immediately, apparently, when an NIH funded researcher has a article about her research accepted for peer-reviewed publication, she is required to deposit a copy of the final version of the article into the open access PubMed Central database within 12 months of publication.

Librarians, and many others in higher education, have lobbied for several years to get this requirement, and others like it for research funded by other taxpayer supported agencies, enacted.  Now the issues of implementation become both real and urgent.  How can we help faculty researchers understand the new mandate?  What publishers can we recommend, and can we help faculty review their publication contracts to be sure compliance (or even earlier public access to the article) is allowed?  Some publishers, like Elsevier, already promise to deposit copies of articles they publish for researchers.  Publishing with such a publisher is an easy way to comply with the mandate, but it will almost certainly result in the full 1 year delay before open access.  For many researchers, there will still be significant advantage in accomplishing open access much sooner than this.  So the task of assisting faculty with understanding their alternatives, negotiating their publication contracts and navigating the mechanics of open access deposit are even more urgent services that academic libraries can and should provide.

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1. A Blog Around The Clock - December 27, 2007

Victory for Open Access!

Yesterday, President Bush signed the Consolidated Appropriations Act of 2007 (H.R. 2764) which, among else, mandates the repository of all NIH-funded research into PubMedCentral within at most 12 months after publication. Until now, the placement of NI…

2. Copyright Advisory Network » Blog Archive » Open access to publicly funded research signed into law: “Congress has just unlocked the taxpayers’ $29 billion investment in NIH”* - January 2, 2008

[...] by a major agency.”  The creation of this law has been lauded by scientists, researchers, librarians, and other supporters of open access to government-sponsored information. [...]

3. Scholarly Communications @ Duke » Suddenly, Open Access is all the rage. - February 14, 2008

[...] Lots of commentary on these two decisions is available. This comment by William Patry addresses both, and there is an excellent roundup of information and comment on the Harvard decision here on Open Access News. I have written about the NIH mandate here. [...]


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