Licence to publish
October 2006
The undersigned
…
Name author(s) (“the Author(s)”)
grants to
…
Name Publisher (“the Publisher”)
the following licence.
Background
This agreement concerns the publishing of scholarly and/or scientific works, and is intended to reflect a balance between the rights of the Author and the Publisher, according to the following principles:
∙The Author and the Publisher believe it is in the general interest to grant maximum access to scholarly and/or scientific works without compromising quality or academic freedom, especially when public resources finance such works;
∙The Publisher wishes to receive financial compensation for his contribution in the publication of the scholarly and scientific work;
∙The Author and the Publisher believe that particularly in the so-called subscription model a balance should be achieved between granting maximum access to scholarly and/or scientific works and granting financial compensation for the publication of these works.
Clause 1 Definitions
The following words shall have the following meanings:
1.Acceptance: the communication to the Author by the Publisher of his willingness to publish the Author’s work.
printform2.Article: the published version of the Author’s work, entitled “ “.
3.Publication: The journal or similar periodical publication, in print or in digital form, for which the Article is destined.
Clause 2 Licence of rights
1.Upon Acceptance, the Author grants to the Publisher a sole licence to exploit the rights listed in clause 2.2 in the Article throughout the world for the full term of the copyright.
2.The sole licence mentioned in clause 2.1 encompasses the right for the Publisher:
a.to reproduce the Article in whole or in part, and to communicate the Article to the public in print and/or digital form, whether or not in combination with the works of others, for example the making available to the public via internet or any other network, as part of a database, on-line or off-line, for use by third parties;
b.to translate the Article into other languages and to communicate the translation of the Article to the public;
c.to create adaptations, summaries or extracts of the Article or other derivative works based on the Article and exercise all of the rights in such adaptations, summaries, extracts and derivative works;
d.to include the Article, whether in translation or as adaptation or summary, in whole or in part in a computerised database and to make this database available to third parties;
e.to include the Article, in whole or in part, whether in translation or as adaptation or summary, in a reader or compilation;
f.to rent or lend the Article to third parties;
g.to reproduce the Article by means of reprography, notwithstanding the limitations in the law.
3.The Publisher undertakes that the name of the Author and the source is acknowledged in standard bibliographic citation form.
Clause 3 Rights reserved by Author
1. The Author retains all other rights with respect to the Article not granted to the Publisher and in particular he can exercise the following rights:
Educational or research use
To reproduce the Article, in whole or in part, and to communicate it or make it available to the public, whether in print and/or digital form, whether as part of a course pack or a compilation, for use in education or research within the Author’s own institution or the institutions with which the Author is affiliated.
Dissemination
To upload the Article or to grant to the Author’s own institution (or another appropriate orga
nisation) the authorisation to upload the Article, immediately from the date of publication of the journal in which the Article is published (unless that the Author and the Publisher have agreed in writing to a short embargo period, with a maximum of six (6) months):
a) onto the institution’s closed network (e.g. intranet system); and/or
b) onto publicly accessible institutional and/or centrally organised repositories (such as PubMed Central and other PubMed Central International repositories), provided that a link is inserted to the Article on the publisher’s website.
Preservation
To grant to the Author’s own institution (or another appropriate organisation) the authorisation to reproduce the Article for the purpose of preventing it from deteriorating, or if the original is currently in an obsolete format or the technology required to use the original is unavailable, for the purpose of ensuring that the Article continues to be available for education and research purposes;
Future reuse
To reuse whole or part of the Article in a dissertation, compilation or other work.
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