North American-based science and technology publishers account for upwards of 40% of all peer-reviewed scientific research papers published annually. Therefore, mandatory public access policies will disproportionately impact U.S. publishers. By severely restricting the scope of protection for a critical class of copyrighted works, the NIH policy deprives both authors and publishers of their free choice to use the business model best suited for disseminating content and could ultimately reduce incentives to make substantial investments in peer reviewing, publishing, and disseminating scientific research.
At the same time, the primary beneficiaries will largely be non-US entities who neither fund nor invest in research but will have free access to the information in the copyrighted journal articles. U.S. publishers have already gathered evidence that companies in China and India are planning to resell and distribute without authorization articles downloaded from NIH's PubMed Central database — material produced by U.S publishers at their own expense.