Publishing Agreement between SciELO SA and the journals

29 July 2014

Dr Tobias Schonwetter (UCT IP Unit; Creative Commons)

Author Publisher

Transfer of copyright

Licence

SciELO SA

Starting point

Content

1.  Licence to Publish 2.  Copyright Ownership 3.  Responsibilities of the Publisher 4.  Rights and Duties of ASSAf 5.  Costs/Fees 6.  Representations and Warranties 7.  Final Acceptance by ASSAf Peer Review Panel 8.  Downtime 9.  Commencement Date / Duration 10. Termination 11. Confidentiality 12.  Governing Law 13.  Dispute Resolution 14.  Communication and Notices 15.  Miscellaneous

Content

1.  Licence to Publish

“Subject to the terms and conditions contained herein, the Client hereby grants to ASSAf a non-exclusive, royalty-free, worldwide licence to publish, scan, reproduce, store, index, distribute, transmit and communicate to the public current and future editions of the Work on ASSAf’s SciELO SA platform according to the terms of the Creative Commons Attribution South Africa licence (Appendix A).”

Activities needed by ASSAf to carry out their work

The way copyright laws around the world operate is that the moment creative works are created (written works, music,

photographs etc), authors automatically get a monopoly that allows them to decide if and under what

circumstances others can use this work.

Default & automatic All Rights Reserved situation

“Ideally, Open Access is not only the practice of providing unrestricted access to peer-reviewed

scholarly research but to also grant some additional rights to re-use the material.”

CC licences are used as a standardised way of specifying usage rights upfront

More than half a billion CC licensed works on the

Internet

Attribution Attribution-ShareAlike

Attribution-Noncommercial Attribution-Noncommercial-ShareAlike

Attribution-NoDerivatives Attribution-Noncommercial-NoDerivatives

In a nutshell: CC makes copyrighted material more useable by providing free licences give certain permissions in advance regarding the usage of

these works.

Content

2. Copyright Ownership

“Publisher shall retain copyright held by it.”

The rest of the contract is pretty straight-forward…

Content

3. Responsibilities of the Publisher

§  Provide ASSAf with required information regarding the Work; §  provide ASSAf with logotypes of each journal and of its sponsors; §  provide ASSAf with documents in pdf or open file format; §  deliver to ASSAf the Work without delay once it is published; §  comply with the periodicity of the journal.

Content

4. Rights and Duties of ASSAf

ASSAf shall: §  report any delay in including the Work; §  ensure periodic and remotely-stored back-ups of the SciELO

SA database by hosting service provider; §  obtain adequate bandwidth from its hosting service provider

to ensure sufficiently fast and reliable user access subject to the availability restrictions (Clause 8);

§  during business hours respond to general and technical enquiries from the Publisher;

§  regularly evaluate journal’s quality and production cycle; §  collect and collate background information on the journal

to compile title pages and website of the journal.

Ø  Technical Ø  Evaluation Ø  Removal

Content

4. Rights and Duties of ASSAf (continued)

ASSAf may: §  download and open files containing the Work and make such

modifications as are technically necessary to include the Work (e.g., converting a file into html format); 

§  mark-up the Work in order to publish the Work electronically; §  gather bibliometric algorithms and statistics on the database; §  remove Works from the database if agreement is terminated.

Content

5. Costs / Fees

“No cost to the Publisher. ”

“Inclusion in SciELO database is subject to Final Acceptance by the ASSAf Peer Review Panel. ”

7. Final acceptance

10-15. Standard clauses / Miscellaneous

A closer look at some of the other provisions…

Content

6. Representations and Warranties

Publisher represents and warrants: •  Work does not contain defamatory material, no violation of

privacy and other 3rd party rights, incl. copyright, •  Publisher has rights to grant the required licence; •  Research meets the highest reporting standards and has been

approved by an institutional ethics committee; •  Agreement of all authors; •  Appropriate attribution of minor contribution; •  Sponsorships and support are appropriately acknowledged; •  Authors have disclosed potential conflicts of interest.

Author Publisher

Transfer of copyright

Licence

SciELO SA

Starting point

“The Author hereby grants to the Publisher a[n] [non-]exclusive, irrevocable, royalty-free, worldwide licence to:

publish, reproduce, store, distribute, transmit and communicate to the public the Manuscript and any supplemental material in whole or in part, in print and/or digital form, whether or not in

combination with the works of others, under a Creative Commons Attribution South Africa licence (see

http://creativecommons.org/licenses/by/2.5/za/deed.en for version 2.5 of this licence) …”

Typical clause:

And make sure third party material is covered as well!

Content

8. Downtime

§  Uninterrupted database access except for (i) scheduled maintenance, outages, upgrades and similar events (ii) disruptions attributable to third party dependencies and (iii) emergency events.

§  Database may be temporarily unavailable for reasons beyond the

control of ASSAf (dependencies). §  ASSAf is not responsible / liable for: malfunction or failure or

unavailability of the SciELO database where ASSAf or its service providers have maintained industry accepted standards to avoid this.

Content

10. Termination

§  Either party:  §  without cause: 3, 6 or 15 months prior written notice,

depending on frequency of publication; §  with immediate effect by written notice if:

§  either Party is liquidated; §  either Party is in breach of a provision of this Agreement and

failed to rectify such breach within 1 month.

§  ASSAf with immediate effect by written notice if: §  a journal’s publication was repeatedly delayed; §  the Work fails ASSAf / SciELO evaluation; §  Work does not meet SciELO’s quality standards and other

requirements (Appendix) and fails to rectify the violation within 12 months after receiving a letter of demand from ASSAf.

Content 10. Termination

  §  If ASSAf is unable to continue running the SciELO both Parties

shall strive to find a new platform for the Client’s Work which will make the Client’s work similarly visible and accessible.

Current preservation arrangement; will be expanded at a later stage

Anything missing? Any questions / suggestions at this point?

THANK YOU!

Thank you!

my email address: tobias@creativecommons.org

Creative Commons Licence

This presentation is the work of Dr. Tobias Schonwetter.

It is licensed under a Creative Commons Attribution-ShareAlike 3.0 South Africa License.

To view a copy of this license, visit

http://creativecommons.org/licenses/by-sa/3.0/za/ or send a letter to:

Creative Commons, 444 Castro Street, Suite 900, Mountain View, California, 94041, USA.