Re: Open Access vs. NIH Back Access and Nature's Back-Sliding

From: Michael Carroll <Carroll_at_LAW.VILLANOVA.EDU>
Date: Wed, 2 Feb 2005 09:23:52 -0500

<<Can someone please explain this NIH override, what it applies to, and
when it
takes effect?>>

I don't want to speculate about a policy that has not been adopted yet.
 But here's a little copyright clarification.

Copyright starts in the hands of the author. As part of an NIH grant
agreement, the author grants to NIH a non-exclusive license to publish,
reproduce or otherwise use any copyrighted works, including research
articles, that are produced with the funding.

When an author signs a copyright transfer agreement with the publisher,
the publisher takes the copyright subject to NIH's license.

The NIH policy debate is over how NIH should use *its* license to
publish, reproduce or otherwise use the articles produced with its


Michael W. Carroll
Associate Professor of Law
Villanova University School of Law
299 N. Spring Mill Road
Villanova, PA 19085
610-519-7088 (voice)
610-519-5672 (fax)
Research papers at

See also
Received on Wed Feb 02 2005 - 14:23:52 GMT

This archive was generated by hypermail 2.3.0 : Fri Dec 10 2010 - 19:47:46 GMT