1. Author’s Rights : How to Comply with the New NIH Mandates Lisa McGuire, MLIS Assistant Librarian, Bio-Medical Library February 27, 2008 lmcguire@umn.edu 612-626-3643

2. New Requirement for NIH- Funded Research NIH Public Access Policy takes effect on April 7, 2008. All peer-reviewed articles that are accepted for publication on or after 4/7/08 Compels authors of NIH-funded research to submit their final, peer-reviewed manuscript to PubMed Central (PMC). PubMed Central PMC will upload the manuscript 12 months after the original publication date in the journal

3. Why Is This Being Done? The NIH Public Access Policy ensures public access to federally-funded research results Greater impact of research results via expanded access Expanded access to research results can fuel further innovations and improve health care

4. Does This Affect You? Yes, if your peer-reviewed article is based on work that is: Directly funded by NIH grant or cooperative agreement in FY 2008 (10/1/07-9/30/08) or beyond Directly funded by a contract signed on or after 4/7/08 Directly funded by the NIH Intramural Program or if NIH pays your salary

5. Key Component of New Mandate Authors need to be cognizant of retaining key rights to their scholarly work that is published in journals Let’s review author rights…

6. “Bundle of 5” Author Rights 1. To publish and distribute a work in print or other media 2. To reproduce it (e.g. through photocopying) 3. To prepare translations or other derivative works 4. To perform or display the work publicly 5. To authorize others to exercise any of these rights

7. Why Should You Retain Your Rights As Authors? To maximize the potential reach and impact of your work by minimizing barriers between the work and potential readers To keep control of how your work is distributed and used, including future uses not yet anticipated Control how you use your own work for teaching and research

8. Surrendered Copyright? May Need Permission to: Post the work on your web site or to a course management site like WebCT Place in course packs Re-use excerpts in another work Make copies of the work for colleagues Place the work in a digital repository or archive (such as PMC or the University’s own Digital Conservancy) Digital Conservancy

9. Maintain the Status Quo? One could continue the frequent existing practice of transferring ownership of copyrights to publishers in exchange for publication, despite the restrictions it places on you to use your own work But, w hen selecting a journal for publication, and before signing away any rights, you must ensure that the publisher’s agreement will allow you to comply with the NIH Public Access Policy

10. Journal Selection – What You Need to Know Some publishers will automatically submit for you to PMC and you do not have to do anything else Example: Journal of Endodontics, published by Elsevier will automatically submit to PMC NIH maintains a list of journals that will automatically submit to PMC NIH maintains a list Some journals, such as Science and Nature allow submittal to PMC for public release 6 months after publicationScienceNature

11. Publisher’s Agreements Many current publisher agreements may implicitly prohibit submission to PMC and/or other depositories (or retain other key rights) If you agree to transfer all copyrights to the publisher, and it does not specifically allow for PMC submission, then you as the author do not retain that right Example: Journal of Orofacial Pain (Quintessence). Publisher’s agreement appears to transfer all copyrights to publisher, with no provision for adding to PMC or other repositoryJournal of Orofacial Pain

12. Negotiating with Publishers You can ask the publisher to retain some of your rights, such as submittal to PMC. The NIH suggests adding these words to the contract: 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.

13. Author’s Addendum University Senate has endorsed using the CIC’s Author Addendum to retain additional rights such as use for teaching, posting on your website and posting to the U’s Digital Conservancy CIC’s Author Addendum

14. Depositing Your Article Your (or your designate) must submit your final, peer-reviewed manuscript upon acceptance for publication to the NIH Manuscript Submission SystemNIH Manuscript Submission System You will need your grant number(s), author names, a copy of the final, peer-reviewed manuscript, and any supporting figures, tables, and data that were submitted to the publisher. NIH provides some very good tutorials to guide you through the process. tutorials

15. Citing Your Article As of May 25, 2008, when citing articles in which you are the author and/or co-author in NIH applications, proposals and progress reports that falls under this policy, you must include the PubMed Central reference number (PMCID) at the end of the citation.

16. I don’t feel like complying…what will happen to me? The NIH's Public Access FAQ states that, although failure to comply won't be a factor in the evaluation of applications, it "may delay or prevent awarding of funds."Public Access FAQ

17. Help! The University Libraries and the Sponsored Projects Administration are prepared to help. Questions about the policy can be sent to nihpublicaccess@umn.edu. nihpublicaccess@umn.edu We can help you ensure that you have the necessary rights, guide you through the submission process, and help you understand how to cite your articles in future applications and progress reports.

18. More Information: Transforming Scholarly Communication NIH Public Access Policy NIH Public Access FAQ SHERPA RoMEO – database of publishers’ policies. If you cannot find your journal listed here, contact nihpublicaccess@umn.edu for help SHERPA RoMEO nihpublicaccess@umn.edu

19. Questions?