The NIH Public Access Policy is now Mandatory
May 1st, 2008The NIH Policy on Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research (”the Policy”) became mandatory on April 7, 2008. The law states:
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.
The Policy requires that investigators who publish on NIH-funded research must now submit a final copy of accepted manuscript to PubMedCentral, the NIH’s repository of full text journal articles. (Note: PubMed Central® is not PubMed®. PubMed is the NIH’s repository of citations of journal articles from the world’s biomedical literature. Although it may contain links to full text articles, these are not stored in PubMed itself).
What does this mean for the average UNM investigator who publishes on NIH-funded research? With the new law, authors are now required to maintain non-exclusive copyright to their articles when they are published. This is necessary so that the author has the right to deposit a copy of the article in PubMed Central–essentially “publishing” in another venue. Retaining some copyright ownership is probably the most difficult part of the process authors will encounter when trying to comply with the Policy. Traditionally, journal publishers have required the author to sign a copyright agreement, often stipulating that the author sign over “exclusive” copyright to the publisher. Because of this exclusivity, the author gave away all of their rights to his/her own work.
As another result of this exclusivity, the results of much NIH-funded research have become difficult to access for the average citizen, unless they or an institution with which they are affiliated subscribes to the journal of interest. This practice has effectively kept the majority of the world’s biomedical research from the majority of practicing physicians and the public at large. It is easy for us faculty at UNM to forget that most folks are not affiliated with a major academic institution and don’t have access to the journal subscriptions paid for by our libraries. In fact, the Policy was put into law primarily because various citizen taxpayer groups lobbied Congress to make publicly-funded research results accessible by the public.
At the same time, the rate of price increases for journal subscriptions has been significantly greater than the rate of budget increases for health sciences libraries. The growing gap between journal costs and libraries’ ability to pay for subscriptions has created a “crisis in scholarly communication” in that most libraries around the country cannot continue to afford the same number of journal subscriptions from year to year. The following graph illustrates the recent historical cost of biomedical journals (Inflation Rate) compared to the size of the UNM Health Sciences Library and Informatics Center budget for journals (Periodicals Budget):
Clearly if this trend continues, the number of library journal subscriptions available to faculty will be dramatically reduced. By participating in the Policy, an investigator can take heart in the fact that the results of his or her research will be more accessible to the entire global population than if published in the “traditional” manner. This benefits the investigator as more people will have access to their published work. Arguably, the rate of scientific discovery will be increased as more people have faster access to more of the world’s biomedical research results.
The UNM Health Sciences Library and Informatics Center (HSLIC) is committed to helping all UNM investigators who publish on NIH-funded research to comply successfully with the Policy. Accordingly, HSLIC has created an interactive web site to help authors navigate the Policy compliance process. Individual, one-on-one consultation with a medical librarian can also be arranged if authors have specific questions. See the following link for a great deal of help and information on the Policy: HSLIC Scholarly Communication Initiative.
Philip J. Kroth, MD, MS
Director Health Sciences Informatics Program Development



