Public-Access Backlash

Abstract

Opponents of a new congressional rule that orders the U.S. National Institutes of Health (NIH) to post online copies of papers it funds are questioning the legality of the order. Buried in a spending bill ( Science , 4 January, p. [18][1]), the directive asks NIH to make mandatory an existing policy, mostly ignored, that asks grantees to submit copies of their peer-reviewed, accepted manuscripts to NIH for release within 12 months after publication. Last week, the Association of American Publishers (AAP) complained that the new policy “undermines” publisher copyright and is “inconsistent” with U.S. intellectual property laws. Open-access advocates support the new law because it gives taxpayers access to government-funded research. AAP's Allan Adler says he's waiting to see how NIH will implement the law. But at minimum, AAP wants NIH to get public input in a formal rulemaking. In a statement, NIH said that “the law regarding a mandatory policy and copyright is clear.” The agency is expected to announce its plan as soon as next week. [1]: /lookup/doi/10.1126/science.319.5859.18