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					            Institutional Compliance with
            the NIH Public Access Policy:
               Ensuring Deposit Rights


                                                      Friday, March 7, 2008
                                                       1 pm - 2 pm (EST)


Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                  Welcome!

                                                          Karla Hahn
                               Director, Office of Scholarly Communication
                                    Association of Research Libraries




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
         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

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                    Key dates
         • April 7, 2008: Articles accepted for publication on
              or after this date must be deposited in PubMed
              Central.

         • May 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.)


Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                        Agenda
         • Requirements of grantees
                – obligations
                – options
                – tools
         • Institutional perspectives on compliance
                – Duke University
                – University of North Carolina at Chapel Hill

         • q&a

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                  Presenters
         • Kevin Smith, JD, is the Scholarly
           Communications Officer at Duke University
         • James Siedow, PhD, is the Vice Provost for
           Research at Duke University
         • Tony Waldrop, PhD, is the Vice Chancellor
           for Research and Economic Development at
           the University of North Carolina Chapel Hill




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                  Kevin Smith, J.D.
                                  Scholarly Communications Officer
                                           Duke University




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
            What is required of grantees?




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
         Three elements of compliance
         • Retention of copyright sufficient to grant
           PMC a license for public access.
         • Submission of an accepted article using
           the PMC website.
                – Includes confirmation of the final version.
         • Verification of compliance in later
           applications by use of PMC reference
           numbers

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                        Copyright management
         • Copyright is an author’s right, subject to
           institutional policy.
                – 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.
Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
           What strategies would lead to
                 rights retention?




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                 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 will still need to verify.
                        • Institution could choose to negotiate
                          directly with publishers.

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                 Options for copyright
                                    management
         2. Grantee institution could take a limited
           license for deposit.
                • Policy issue between institution and
                  investigators.
                • License could be automatic, prior to any
                  publication agreement
                        • Authors would need to inform publishers
                • Licenses are flexible; could cover PMC
                  deposit, institutional repository, other
                  funder mandates, etc.

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                 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.


Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                           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."


Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                           Language of addenda
         •         Your own institution may have an addendum
         •         Consult the resources in the ARL Guide for Research
                   Institutions
         •         Customizable addenda available at:
                     http://sciencecommons.org/projects/publishing/




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                         James Siedow
                                                    Vice Provost for Research
                                                         Duke University


                                                          Tony Waldrop
                       Vice Chancellor for Research & Economic Development
                             University of North Carolina at Chapel Hill




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
        Who is working on responding
            to the policy at your
                 institution?




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                     What strategies are you
                       pursuing to get to
                         compliance?




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
           What longer term strategies
          for author rights retention are
                you considering?




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
                                                   Questions


                     To ask a question, please use the
                         “Questions” button below.




Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)
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Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008
Sponsored by The Association of Research Libraries (ARL) and the National Association of State Universities and Land Grant Colleges (NASULGC)