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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) Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights Friday, March 7, 2008 1 pm - 2 pm (EST)
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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)

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Page 1: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Friday, March 7, 2008

1 pm - 2 pm (EST)

Page 2: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

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

Welcome!

Karla HahnDirector, Office of Scholarly Communication

Association of Research Libraries

Page 3: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Page 4: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.)

Page 5: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Page 6: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Page 7: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Page 8: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

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

What is required of grantees?

Page 9: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

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

Page 10: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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

Page 11: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.

Page 12: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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?

Page 13: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.

Page 14: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.

Page 15: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.

Page 16: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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."

Page 17: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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/

Page 18: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

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

James SiedowVice Provost for Research

Duke University

Tony Waldrop Vice Chancellor for Research & Economic Development

University of North Carolina at Chapel Hill

Page 19: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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?

Page 20: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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?

Page 21: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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?

Page 22: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008Sponsored 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.

Page 23: Institutional Compliance with the NIH Public Access Policy: Ensuring Deposit Rights, March 7, 2008 Sponsored by The Association of Research Libraries (ARL)

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

Additional resources are available at http://nih-webcast.easyurl.net

An archive version of this webcast will be added to the site shortly.