The Open Access Publishing Agreement is essential for academic and research institutions operating under German jurisdiction who wish to publish works with open access principles. This document is typically used when researchers, academics, or institutions want to publish their work in an open access format while ensuring compliance with German copyright and publishing laws. It addresses key aspects such as Creative Commons licensing, digital rights management, and repository deposits, while protecting both publisher and author interests. The agreement is particularly relevant in light of increasing open access mandates from German research funding bodies and institutions, and incorporates requirements from both the German Copyright Act (UrhG) and EU open access directives. This document is crucial for establishing clear terms for publication, distribution, and preservation of scholarly works in an open access context.
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1. Parties: Identification of the publisher and author(s)/institution
2. Background: Context of the agreement, including the work to be published and open access principles
3. Definitions: Key terms including 'Work', 'Open Access', 'Creative Commons License', 'Version of Record', etc.
4. Grant of Rights: Author's grant of publishing rights and specification of Creative Commons license
5. Author Warranties: Author's warranties regarding ownership, originality, and right to publish
6. Publisher Obligations: Core publishing obligations including format, platform, and accessibility requirements
7. Publication Standards: Quality standards, peer review process, and technical requirements
8. Author's Retained Rights: Rights retained by the author, including reuse rights
9. Timeline: Publication schedule and key milestones
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Specification of German law and jurisdiction
1. Article Processing Charges: Terms regarding processing fees, if applicable
2. Institutional Obligations: Where an institution is party to the agreement, their specific obligations
3. Data Protection: GDPR compliance details, if personal data processing is extensive
4. Third Party Rights: Rights of funding bodies or institutions, if applicable
5. Embargo Period: If there's a temporary embargo before open access release
6. Repository Deposit: Requirements for depositing in specific repositories
7. Metrics and Analytics: Terms regarding usage tracking and analytics
8. Promotional Rights: Rights to promote and market the published work
1. Technical Requirements: Detailed technical specifications for manuscript submission
2. Creative Commons License: Full text of the applicable Creative Commons license
3. Publication Schedule: Detailed timeline for submission, review, and publication
4. Author Guidelines: Detailed guidelines for manuscript preparation and submission
5. Repository List: List of approved repositories for deposit, if applicable
6. Fee Schedule: Detailed breakdown of any applicable fees and payment terms
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