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Friday, July 25, 2008

The author addendum required for NIH employees

The NIH has released the author addendum (or "cover sheet") it requires when NIH employees publish articles based on NIH-funded research.  (Thanks to Michael A. Rogawski.)  Excerpt:

By signing this Cover Sheet, the Author, on behalf of NIH, agrees to the provisions set out below, which modify and supersede...any conflicting or ambiguous provisions that are in the Publisherís standard copyright agreement....NIH and Author accept only those provisions of the Publisherís Agreement that are consistent with the provisions herein....

3. Copyright. Authorís contribution to the Work was done as part of the Authorís official duties as a NIH employee and is a Work of the United States Government. Therefore, copyright may not be established in the United States. 17 U.S.C. ß 105. If Publisher intends to disseminate the Work outside of the U.S., Publisher may secure copyright to the extent authorized under the domestic laws of the relevant country, subject to a paid-up, nonexclusive, irrevocable worldwide license to the United States in such copyrighted work to reproduce, prepare derivative works, distribute copies to the public and perform publicly and display publicly the work, and to permit others to do so....

6. Disclaimer. NIH and the Author expressly disclaim any obligation in Publisherís Agreement that is not consistent with the Authorís official duties or the NIH mission....

7. For Peer-Reviewed Papers to be Submitted to PubMed Central. The Author is a US government employee who must comply with the NIH Public Access Policy....PubMed Central may tag or modify the work consistent with its customary practices....

The NIH cover sheet is part of a newly updated page of NIH Employee Procedures for Complying with NIH Public Access Policy.  The updated page makes clear that employee manuscripts "must be accompanied" by the new cover sheet.