New Publication Requirements: NIH Public Access, Open Access, Transfer of ©

Tonya Hines, CMIArt Director & Certified Medical IllustratorMayfield Medical Communications

3 New Developments

1. Mandatory NIH Public Access requirement2. Optional Open Access 3. Transfer of Copyright to figures

Mandatory NIH Public Access requirement

As of April 7, 2008, all final peer-reviewed manuscripts arising from NIH funds must be submitted to PubMed Central upon acceptance for publication

As of May 25, 2008, NIH applications, proposals, and progress reports must include the PubMed Central reference number when citing a paper that falls under the policy

http://publicaccess.nih.gov

Policy applies to:

Any peer-reviewed manuscript accepted for publication after April 7, 2008 and arises from: Any direct funding from an NIH grant or cooperative

agreement active in Fiscal Year 2008, or; Any direct funding from an NIH contract signed on or

after April 7, 2008, or; Any direct funding from the NIH Intramural Program, or; An NIH employee.

Policy does NOT apply to non-peer-reviewed materials, book chapters, and editorials

Journals response to mandate

Some journals submit the final published version of NIH-funded articles in PubMed Central within 12 months of publication, without author involvement

Some journals make the author submit to PubMed Central

Some journals charge the author a fee to submit to PubMed Central

*List of journals http://publicaccess.nih.gov/submit_process_journals.htm

Compliance is a 3-step process

Address Copyright. Before signing a copyright transfer agreement, make

sure the agreement allows paper to be submitted to NIH in accordance with the Public Access Policy.

Submit the paper to NIH: Some journals will submit on behalf of authors For other journals, you or your staff must submit upon

acceptance for publication In both cases above, you still will have to verify and

approve the final peer-reviewed manuscript personally via the NIH Manuscript Submission system

Cite. Include PMC number (PMCID) for applicable

articles in applications, proposals and reports

Author / PI responsibilities

Inform journal in the cover letter that the final manuscript is subject to NIH Public Access Policy when submitting Indicate funding sources in Acknowledgements

Make sure that publisher’s Copyright Transfer agreement allows final manuscript to be submitted to PubMed Central

Submit final peer-reviewed manuscript to NIH, upon acceptance for publication at http://www.nihms.nih.gov/db/sub.cgi

Copyright language

If publisher contract has no specific language regarding “compliance with funding source”

NIH suggests author add to the journals copyright agreement: “Journal acknowledges that Author retains the right to

provide a copy of the final peer-reviewed 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.”

SPARC Author Addendum Broader language that also allows self-archiving

and other non-profit repositories

Open Access (OA)

Some journals now offer authors Open Access services OA publishing: article is free to view on

journal’s website OA self-archiving: article is published behind a

subscription journal, but also allowed to post/deposit their articles online in either an institutional or central repository

Feb. 2008, Harvard faculty voted to adopt a University License policy and deposit to the university’s online repository

Open Access (OA) Journals

Directory of Open Access Journals: www.doaj.org Neurosurgical Focus

Opposition to OA is largely from journal publishers

whose business model depends on providing paid access via subscriptions or pay-per-view fees

Some journals are now offering OA as a service, similar to purchasing reprints (OA access ~ $2,000)

Directory of publisher's permissions & copyright transfer agreements: SHERPA RoMEO www.sherpa.ac.uk/romeo.php

Transfer of Copyright - Figures

Since 1991, Mayfield policy to retain © to all figures and provide a Figure Permissions Form to publisher

Allows us to freely use our figures in: Other journal articles and chapters Patient education Websites and marketing

All journals accept Mayfield’s policy ~2006 JNS implemented a NO exception

Transfer of Copyright policy to figures

Copyright is a bundle of rights that an owner may transfer entirely or license specifically Right to reproduce the work Right to distribute copies Right to display or perform publicly Right to sell the work Right to make derivatives Right of attribution and integrity (sec 106A)

http://www.copyright.gov/circs/circ1.html#wci

Rights needed for journal publication

Copyright definition

Transfer of Copyright

Restricts the creator from using their work without permission (in perpetuity) Author must request permission to use Journal can charge author reuse fees Journal can deny author use of their work Journal policies can change over time

Allows the publisher to use and/or sell the figures in any manner they wish

Restricts the creator from making derivative works

Loss of derivative rights

Base art is reused extensively Derivatives of this base art

made ~84 times = $34,000

Base art, 1992 Atlas of Operative Microneurosurgery

Acta Neurochir 147(4):419-22, 2005

Laryngoscope 118(2):195-203, 2008

Tentorial Meningiomas Thieme, 2008

Anatomy of Brain www.mayfieldclinic.com

Author / Mayfield concerns

Charging reuse fees to use authors own figures (~$300 ea.)

Journal collecting reuse fees from other authors

Loss of derivative rights to make new figures from “base art”

Using scholarly work for promotions / sales

Copyright How-To

Seek assistance from Medical Communications before: Submitting a journal article for peer review Signing a book chapter contract

Do not agree to have your PowerPoint files (with images) posted to meeting websites or CD-ROM compendiums

Mayfield Clinic is the legal owner of all imagery produced by our MedCom artists and only they can assign or transfer copyright

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