In response to the NIH's second request for information and public comment on the revised, mandatory public access policy, the Association of American Publishers (AAP) commissioned a legal brief to attempt to raise additional questions about the policy.  The brief falsely asserts that the NIH policy amends U.S. copyright law and adversely affects current international trade agreements. To make clear the misleading nature of AAP's assertions, and to help reiterate that the NIH policy has no affect on U.S. copyright law or international trade, SPARC and ARL, with advice from legal counsel, have prepared a detailed response to AAP's arguments.