"...NPG’s commitment to open access has been questioned, following our request that authors provide a formal waiver of Duke University’s open access policy. NPG is supportive of open access. We encourage self-archiving, and have done so since we implemented our policy in 2005:
'When a manuscript is accepted for publication in an NPG journal, authors are encouraged to submit the author’s version of the accepted paper (the unedited manuscript) to PubMedCentral or other appropriate funding body’s archive, for public release six months after publication. In addition, authors are encouraged to archive this version of the manuscript in their institution’s repositories and, if they wish, on their personal websites, also six months after the original publication. '
We are requesting waivers from Duke University authors, because of the grant of rights asserted in its open access policy: 'In legal terms, each Faculty member grants to Duke University a non-exclusive, irrevocable, royalty-free, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do so, provided that the articles are not sold. The Duke faculty author remains the copyright owner unless that author chooses to transfer the copyright to a publisher.'
If we do not request a waiver, the general language of this policy means that Duke University has the rights not only to archive the manuscript in Dukespace, but also to distribute and publish to the world at large the final version of a subscription article freely, in any medium, immediately on publication. We started requesting waivers recently, following an enquiry from a Duke University author." [emphasis added]
Since the issue seems to be about publishing in the open immediately vs. waiting 6 months, asking for a waiver of all moral rights seems like using a cannon to swat a fly.