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Open Access Publishing Agreement Template for India

This Open Access Publishing Agreement is a comprehensive legal document governed by Indian law, specifically designed for the academic publishing sector in India. It establishes the terms and conditions for publishing academic works under an open access model, ensuring compliance with Indian copyright law and IT regulations. The agreement balances the interests of authors, who retain certain rights while granting publishers the necessary permissions to publish and distribute their work openly, with the requirements of modern academic publishing and India's developing digital infrastructure. It incorporates provisions from the Indian Copyright Act, 1957, and the Information Technology Act, 2000, while adhering to international open access standards.

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What is a Open Access Publishing Agreement?

The Open Access Publishing Agreement serves as a crucial legal framework for academic publishing in India, where there is growing emphasis on open access to research outputs. This document is essential when authors or institutions wish to publish research work in open access formats, making it freely available to the public while protecting all parties' interests. It addresses key aspects such as copyright retention, Creative Commons licensing, article processing charges (if applicable), and author rights, all within the context of Indian law. The agreement complies with Indian legislation including the Copyright Act, 1957, and Information Technology Act, 2000, while meeting international open access publishing standards. It's particularly relevant for publicly funded research and institutions committed to open knowledge dissemination, incorporating necessary provisions for digital publication and distribution in the modern academic landscape.

What sections should be included in a Open Access Publishing Agreement?

1. Parties: Identifies the publisher and author(s)/institution, including full legal names and addresses

2. Background: Describes the context of the agreement, the work to be published, and the open access publishing model

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Open Access', 'Creative Commons License', 'Article Processing Charge'

4. Grant of Rights: Specifies the rights granted to the publisher while confirming author retention of copyright and open access terms

5. Author Rights and Obligations: Details the rights retained by authors and their responsibilities regarding content, accuracy, and originality

6. Publisher Rights and Obligations: Outlines the publisher's commitments regarding publication, distribution, and maintaining open access

7. Publication Terms: Describes the publication process, peer review, and acceptance criteria

8. License Terms: Specifies the Creative Commons license type and terms of use for the published work

9. Warranties and Representations: Author warranties regarding originality, ownership, and right to publish

10. Term and Termination: Duration of the agreement and conditions for termination

11. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Open Access Publishing Agreement?

1. Article Processing Charges: Terms of payment for publication fees, if applicable

2. Institutional Agreement Terms: Special terms applying when author's institution has an agreement with publisher

3. Data Availability Statement: Requirements and terms for sharing research data

4. Supplementary Materials: Terms governing additional materials accompanying the main work

5. Third Party Materials: Provisions regarding use of content owned by third parties

6. Institutional Repository Rights: Terms for depositing in institutional or subject repositories

7. Funder Requirements: Additional terms to comply with specific research funder mandates

What schedules should be included in a Open Access Publishing Agreement?

1. Schedule A - Publication Requirements: Technical specifications for manuscript submission, formatting, and metadata

2. Schedule B - APC Schedule: Detailed breakdown of Article Processing Charges and payment terms

3. Schedule C - Creative Commons License Terms: Full text of the applicable Creative Commons license

4. Schedule D - Journal Policies: Current journal policies regarding peer review, ethics, and publication standards

5. Appendix 1 - Author Guidelines: Detailed guidelines for manuscript preparation and submission

6. Appendix 2 - Data Policy: Requirements and procedures for data sharing and preservation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Sector

IP

Cost

Free to use

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