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         Complying with the NIH Public Access Policy

NIH has released new guidance on the revised NIH Public Access Policy, Revised Policy on Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research (NOT-OD-08-033). The revised NIH Public Access Policy stipulates that FY 2008 NIH-funded investigators are required to submit their final, peer reviewed manuscript to PubMed Central (PMC) upon acceptance for publication, to be made publicly available within 12 months of publication. This policy applies to NIH-funded manuscripts accepted for publication on or after April 7, 2008.
Specifics of the Revised NIH Public Access Policy
Follow copyright laws by retaining the right to comply
Confirm that you have the right
Submit the work to PMC
Approve the Submission
Verify the submission by checking PubMed within 12 months of publication
Cite the NIHMS ID or PMCID reference numbers for applicable publications in future NIH applications, proposals, and progress reports.
More Information from NIH
Questions?
Specifics of the Revised NIH Public Access Policy
1. The policy applies to investigators if a manuscript is generated by research in one of the following categories:
  • Directly funded by an NIH grant or cooperative agreement active in Fiscal Year 2008 (October 1, 2007- September 30, 2008) or beyond.
  • Directly funded by a contract signed on or after April 7, 2008.
  • Directly funded by the NIH Intramural Program.
  • If NIH pays your salary.
2. Institutions and investigators are responsible for ensuring that any publishing or copyright agreements concerning submitted articles fully comply with this Policy.
3. PubMed Central (PMC) is the NIH digital archive of full-text, peer-reviewed journal articles. Its content is publicly accessible and integrated with other databases.
4. The final, peer-reviewed manuscript includes all graphics and supplemental materials that are associated with the article. The final peer-reviewed manuscript is the version accepted for publication and submitted by the author to the publisher after making changes as a result of the peer-reviewed process.  The final peer-reviewed manuscript is not the same as the final published article.
5. Beginning May 25, 2008, anyone submitting an application, proposal or progress report to the NIH must include the PMC or NIH Manuscript Submission reference number (PMCID or NIHMS ID) when citing applicable articles that arise from their NIH funded research. This policy includes applications submitted to the NIH for the May 25, 2008 due date and subsequent due dates.

HOW TO COMPLY: STEPS TO FOLLOW

Follow copyright laws by retaining the right to comply
Florida State University authors must ensure that agreements with publishers permit the submission of the author’s manuscript to NIH. A sample letter is provided by Sponsored Research that you can submit with your manuscript to alert the publisher to the fact that the manuscript it subject to the NIH policy and that Florida State University expects them to comply with the policy.  Sample Letter for Publisher.

As per NIH: “Authors should work with the publisher before any rights are transferred to ensure that all conditions of the NIH Public Access Policy can be met. Authors should avoid signing any agreements with publishers that do not allow the author to comply with the NIH Public Access Policy.” NIH FAQ statement on retaining rights.
Confirm that you have the right
How can authors confirm if they have the right?

Review the publisher copyright agreement form or look under “Instructions for Authors” or “NIH Public Access Policy Information” on the journal website. Some publishers grant authors the right to comply.

If there is no clause on the publisher copyright agreement form or information on the journal website, contact the publisher or Editor in Chief of the journal and inform them of the revised NIH policy. Many publishers allow authors the right to comply with the revised NIH policy but do not include this information on the publisher copyright agreement form or journal website. The publisher may be able to send an updated copyright agreement form or ask if you can use the NIH Addendum Form. This form includes the language recommended by NIH in order for authors to retain the right to comply with the revised NIH Policy. Instructions are noted on the form.
Submit the work to PMC
Journal Submits
Some journals submit to PMC on behalf of authors. As follows are some journal practices that authors should be aware of:
  • If the journal submits the final published article and makes it available within 12 months of publication, no further action is required to comply with the submission requirement. NIH provides a list of journals that submit the final published version within 12 months of publication. See: http://publicaccess.nih.gov/submit_process_journals.htm
  • If the journal submits the final peer-reviewed manuscript and makes it available within 12 months of publication, you will receive an email from the NIH Manuscript System (NIHMS) asking you to review and approve the submission.
  • Be aware of journals that do submit the final published article or the final peer-reviewed manuscript on your behalf but do NOT make it available within 12 months of publication. In these instances you will need to self-submit or use a third party submitter service.

Final peer-reviewed manuscript:
 The Investigator's final manuscript of a peer-reviewed article accepted for journal publication, including all modifications from the peer review process.

Final published article:  the journal's authoritative copy of the article, including all modifications from the publishing peer review process, copyediting and stylistic edits, and formatting changes.

Author Submits
If the journal publisher does not submit to PMC on behalf of authors, the PI author (if multiple PI authors, assign one as the corresponding PI) will need to prepare for submittal.

Before authors start the self submit process they need to find out the specific instructions as noted by some publishers. These instructions include the embargo period (12 months maximum as per NIH), which version to post, noting a Digital Object Identifier (DOI) for the final published version, including a statement as specified by the publisher, or including a link to the final published version of the manuscript on the journal website.

More information on publisher policies on NIH-funded authors may be found in Peter Suber's Open Access News (Monthly) [ http://www.earlham.edu/~peters/fos/newsletter/06-02-05.htm#nih ] Update 7-2-05

Self submit using the NIH Manuscript Submission System (NIHMS) via your eRA account. In most instances, you will submit your post print version (reflects all changes made as a result of the peer review process)—not the final published version. NIH requires your final peer reviewed version but some publishers may allow you to post the final published version. Authors should also be aware that any supplemental data or images associated with the manuscript is considered to be part of the manuscript as per NIH policy so these files will also need to be submitted. When submission is complete, make a note of the NIHMS reference number.
Approve the Submission
If a third party or journal submits the final peer-reviewed manuscript on behalf of an author the PI will receive an email from NIHMS to review the submission and to approve the release to PubMed Central. No action is required by the PI if journals submit the final published article. See list: http://publicaccess.nih.gov/submit_process_journals.htm
Verify the submission by checking PubMed within 12 months of publication
Follow up in six to 12 months on PubMed to locate the PubMed Central reference number (PMCID) for the publication. The PMCID reference number is located on the PubMed abstract page near the PMID number. The PubMed record also includes a date for when an article is available for viewing in PubMed Central.
Cite the NIHMS ID or PMCID reference numbers for applicable publications in future NIH applications, proposals, and progress reports
As per NIH: “As of May 25, 2008, when citing an article in NIH applications, proposals, and progress reports that falls under the Policy, and was authored or co-authored by you or arose from your NIH award, you must include the PubMed Central reference number (PMCID)."

Note that the PMCID is NOT the PMID number found on articles retrieved by searching the PubMed database. The PMCID will begin with the letters PMC. You can find the PMCID for papers by performing an author search at http://www.ncbi.nlm.nih.gov/sites/entrez?db=pmc

If a PubMed Central reference number is not yet available, include the NIH Manuscript Submission system reference number (NIHMS ID) instead. This policy includes applications submitted to the NIH for the May 25, 2008 due date and subsequent due dates.” See also: http://publicaccess.nih.gov/FAQ.htm#c6
More Information from NIH

Skill Kit: NIH Manuscript Submission System - Get the Help You Need
NIH Public Access Policy
NIH Public Access Policy FAQ
NIH Addendum Form
NIH Tutorials

Questions?  Contact:

Roy Ziegler, Associate Director for Collection Development, University Libraries, rziegler@fsu.edu, (850) 644-3022

Barbara Shearer, Director, Maguire Medical Library, College of Medicine, barbara.shearer@med.fsu.edu, (850) 644-8970

Sharon Schwerzel, Department Head, Paul A.M. Dirac Science Library, sschwerzel@fsu.edu, (850) 644-3079

You can review your publisher contract language with Ms. Betty Southard (esouthard@fsu.edu; 644-8632), Legal Counsel of the Office of the VP Research.

This document was adapted from the Washington University in St. Louis, School of Medicine, Bernard Becker Medical Library, "Update on the Revised NIH Public Access Policy"
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