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William Patry on the NIH policy and copyright William Patry, Open Access and the NIH, The Patry Copyright Blog, July 28, 2008. Patry is the Senior Copyright Counsel at Google, and formerly copyright counsel to the U.S. House of Representatives Judiciary Committee. This excerpt picks up after Patry reviews (1) the 1978 deliberations in Congress on whether to make research by government-funded scientists uncopyrightable, as Congress had already done for government-employed scientists, (2) the NIH OA policy, and (3) the APA's short-lived deposit fee for NIH-funded authors.
Patry may initially have missed the fact that the NIH policy applies to peer-reviewed manuscripts (as opposed to unrefereed preprints), but a reader pointed that out in the comment section. Patry replies that it doesn't change his conclusion:
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