Transcript Peep Show Politics: Open, Public and Free

NIH Deposit - Mandated
Despite
the Existence of Open, Delayed,
and Free Access:
New Stakes and Exposures
Martin Frank, Ph.D.
American Physiological Society
AAP/PSP Meeting
February 7, 2008
Washington, DC
HighWire Press
• The largest repository of high impact, peerreviewed content
• 1099 journals (277 free or delayed access out of
370 in Medline)
• 4,639,110 full text articles from over 130
scholarly publishers
• 1,834,404 free articles
• Host 71 of the 200 most-frequently-cited journals
Free/Delayed Access Models
277 out of 370 HW Medline Journals (provided by John Sack, HW Press)
200
177
180
160
Number of Journals
140
120
100
80
60
40
32
30
20
13
17
8
0
Free journal sites
Journals free after 3
months
Free after 6 months
Free after 12 months
Free after 18 months
Free after 18+ months
PubMed Central – full text deposit
• 310 active journals on PMC
– 64% have OA Business Models
– 12% have delayed access after 12 months
– Biomed Central = 183 journals (59%)
– Hindawi = 12 journals
– PLoS = 4 journals
Deposition Rates
NIH Articles published in CY2006 currently available in PMC
Total
Intramural
Extramural
Total Articles
Published
78,000
5,800
73,800
Author Deposit
3,520 (5%)
300 (6%)
3,470 (5%)
PMC Deposit
10,040 (13%)
880 (14%)
9,420 (13%)
Total Deposited
13,560 (17%)
1,065 (19%)
12,890 (17%)
Note- some articles have both Intramural and Extramural
authors, and are therefore listed in both columns
The times they are a changin’
• 2005 – Public Access = voluntary
• 2007-2008 – Public Access = mandatory
– NIH = 12 months
– Wellcome Trust = 6 months
– HHMI = 6 months
– European Research Council = 6 months
– British Heart Foundation = 6 months
– RCUK = 6 months
Mandatory Policy Approved
• 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.
– December 26th, 2007- President Bush signed into law the
Consolidated Appropriations Act of 2007 (H.R. 2764)
Cautionary Notes
• Senate Report 110-107 – “The Committee highly
encourages collaborations with journal
publishers that would enable them to deposit
manuscripts on behalf of the funded investigator,
if all parties agree. The Committee directs the
NIH to seek and carefully take into account the
advice of journal publishers on the
implementation of this policy. In particular, the
Committee directs the NIH to ensure that
publishers’ copyright protections are
maintained…”
Executive Office of the President
Statement of Administration Policy
• Public Access to Research Information. …the bill would
require that manuscripts based on NIH-funded research be made
available to the public within 12 months of publication. The
Administration notes that NIH’s current policy … has only been in
effect for 2 years, and the Administration believes there is
opportunity for Congress to study the current policy and
consider ways to encourage better participation.
• The Administration believes that any policy should balance
the benefit of public access to taxpayer supported
research against the possible impact that grant
conditions could have on scientific research
publishing, scientific peer review and on the United
States’ longstanding leadership in upholding strong
standards of protection for intellectual property.
NIH – Creating Confusion & Changing the
Rules
• May 2005 Policy
• April 2008 Policy
The Policy applies to peerreviewed, original research
publications that have been
supported in whole or in part
with direct costs from NIH, but
The Policy applies to all peerreviewed journal articles,
it does not apply to
book chapters,
editorials, reviews, or
conference
proceedings.
including research
reports and reviews. The
Policy does not apply to
non-peer-reviewed
materials such as
correspondence, book
chapters, and editorials.
NIH – Creating Confusion & Changing the
Rules
• Consolidated Appropriations
Act, 2008 states:
• SEC. 218. 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…
• April 2008 Policy FAQs
- requires scientists to submit
journal articles that arise
from NIH funds to the digital
archive PubMed Central. The
Policy requires that these
articles be accessible to
the public on PubMed
Central…
NOT-OD-08-033 - Copyright Compliance is
Not NIH’s Responsibility??
Consolidated
Appropriations Act
of 2007 (H.R. 2764)
– Provided, That the NIH
shall implement the
public access policy
in a manner
consistent with
copyright law.
2. Institutions and
investigators are
responsible for
ensuring that any
publishing or copyright
agreements concerning
submitted articles fully
comply with this Policy.
Petition for Rulemaking
• We therefore request, pursuant to 5 U.S.C
§553(e) that HHS conduct a public notice and
comment rulemaking to ensure that all affected
stakeholders are given an opportunity to
respond to the proposed plan for implementing
the new policy which, as directed by Congress,
must be implemented “in a manner consistent
with copyright law.”
• AAP/DC Principles Coalition
NIH Portfolio Agreement
• Under the current PMC
agreements with
publishers, any journal
that has joined PMC after
July 2006 has to agree to
allow NLM to
redistribute the
journal's content from
PMC to any PMC
International (PMCI) site
with which NCBI might
enter into a collaborative
agreement.
• NIH has modified this to
apply only to the currently
active PMC sites - at
present that is just PMC
(NLM) and
UKPMC. Redistribution
to any future PMCI sites
would require explicit
permission from the
journal publisher.
Looking into the Future
• Making research available online quickly is
becoming more common, according the Arthur
Caplan, the director of Penn's Center for
Bioethics. In the time-pressured world of
academic research, 12 months is a very long
time to wait for free access. Caplan said it's
likely the mandate will be shortened to about
six months.
•
(C) 2008 Daily Pennsylvanian via U-WIRE
• Re-Introduction of FRPAA in 2008??
• Thank you
• Martin Frank
– [email protected]
– 301-634-7118
– www.dcprinciples.org