Jonathan Miller has published "'Publishers Did Not Take the Bait': A Forgotten Precursor to the NIH Public Access Policy" in the latest issue of College & Research Libraries (access is restricted under the journal's embargo policy).
Here's an excerpt:
This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005-07) with the United States Office of Education policy on copyright in funded research (1965-70). The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.