Publisher-Author Agreements and the NIH Public Access Policy

ARL News Release from: August 15, 2008

Washington DC–The Association of Research Libraries (ARL) has released “PubMed Central Deposit and Author Rights: Agreements between 12 Publishers and the Authors Subject to the NIH Public Access Policy,” by Ben Grillot, MLS (Maryland 2002), second-year student at the George Washington University Law School, and legal intern for ARL.

To help authors make informed choices about their rights, Grillot compares how the agreements of 12 publishers permit authors to meet the requirements of the recently revised National Institutes of Health (NIH) Public Access Policy and share their works while they are under embargo. The NIH Public Access Policy requires authors of NIH-funded research to deposit their works in PubMed Central and make them publicly available within 12 months of publication.

Grillot focuses his analysis on how the agreements differ in: the terms and procedures of deposit of the work, the length of any embargo period, and the rights of the author to use and share the work during the embargo period. Grillot presents summary tables that clearly show the similarities and differences across agreements. He also analyzes the implications of these agreements.

Grillot concludes that the significant variability in publisher agreements requires authors with NIH funding to closely examine publisher agreements and the rights granted and retained when deciding where to publish their research. His analysis of these 12 agreements will help authors determine what to look for in an agreement and what questions to ask before signing.

“PubMed Central Deposit and Author Rights” is available for free download from the ARL Web site at http://www.arl.org/bm~doc/grillot-pubmed.pdf