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    Mandatory Deposit of NIH-funded Publications

    In the Consolidated Appropriations Act of 2007, signed into law by President Bush on December 26, 2007, the Director of the NIH was directed to provide the public with Internet access to NIH-funded research results.  This FAQ explains the NIH implementation policy, which takes effect as set forth below.  The following passages are noteworthy:

    "B. Scope of the Policy

    1.  Does the NIH Public Access Policy apply to me? 


      The Policy applies to you if your peer-reviewed article is based on work in one or more of the following categories:

      a.  Directly funded by an NIH grant or cooperative agreement active in Fiscal year 2008 (October 1, 2007 through September 30, 2008) or beyond;

      b.  Directly funded by a contract signed on or after April 7, 2008;

      c.  Directly funded by the NIH Intramural Program; or

      d.  If NIH pays your salary."


      "F. Policy Background

          1.  Can authors and publishers continue to assert copyright in scientific publications resulting from NIH funding?

               Yes. The NIH Public Access Policy does not affect the ability of the author, the author's institution, or the publisher to assert ownership in the work's copyright.  Authors, consistent with their employment arrangements, may assign these rights to journals (as is the current practice), subject to the limited right that must be retained by the funding recipient to post the works in accordance with the Policy, or the provision that the journal submits the works in accordance with the Policy on the author's behalf."