Reproducing Figures from NIH Research Publications

A Work created by NIH employees in their official duty capacity is a US Government Work. A U.S. Government Work is not subject to copyright in the United States (17 USC § 105), and as stated on the required NIH “Publishing Agreement and Manuscript Cover Sheet.”

When NIH researchers wish to re-publish a figure they created, and that has been published in a journal, there are several factors that must be considered. Researchers are urged to seek permission from the journal in which the figure was first published prior to re-publishing it. When in doubt, researchers are urged to consult with their Technology Development Coordinator.

In General:

• An NIH employee figure as submitted to the journal (i.e., the figure created by the employee without any editing by the journal) can be reused without limitation as there is no copyright available in such a figure.
• Data that underlies a figure can be reused without limitation.
• Journals often have their own policies regarding reuse of figures. Researchers are urged to familiarize themselves with each journal’s image reuse policy.