Open Access Publishing Agreement Template for Switzerland

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Key Requirements PROMPT example:

Open Access Publishing Agreement

"I need an Open Access Publishing Agreement for a research paper in biochemistry, to be published by a Swiss university press, with multiple authors from different institutions and including provisions for research data sharing and institutional repository deposit."

Document background
The Open Access Publishing Agreement is essential for academic and research institutions publishing works in Switzerland under an open access model. It serves as the primary legal instrument for establishing the relationship between authors and publishers, ensuring compliance with Swiss federal laws, particularly the Swiss Federal Copyright Act and Code of Obligations. This agreement is typically used when researchers, academics, or institutions wish to publish their work with unrestricted public access while protecting all parties' rights and interests. It covers crucial elements such as copyright licensing, publication standards, author warranties, and publisher obligations. The document is particularly relevant in contexts where research funding mandates open access publication, incorporating necessary provisions for Creative Commons licensing and institutional repository deposit requirements.
Suggested Sections

1. Parties: Identification of the publisher and author(s)/rights holder(s)

2. Background: Context of the agreement, including brief description of the work and open access publishing intention

3. Definitions: Definitions of key terms used throughout the agreement, including 'Work', 'Open Access', 'Creative Commons License', etc.

4. Grant of Rights: Specification of rights granted to the publisher, including publication, distribution, and licensing rights

5. Author Rights and Obligations: Author's retained rights, warranties of ownership and originality, responsibility for content

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

7. Open Access Terms: Specific terms regarding open access publication, including chosen Creative Commons license

8. Publication Standards: Quality standards, format requirements, and technical specifications for publication

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

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

Optional Sections

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

2. Third Party Materials: Provisions for handling third-party content included in the work

3. Institutional Repository: Terms for depositing in specific institutional repositories

4. Research Funding Acknowledgments: Section for acknowledging funding sources and compliance with funder requirements

5. Data Availability Statement: Terms regarding the availability and handling of associated research data

6. Author Contributions: For multiple authors, detailing individual contributions and responsibilities

Suggested Schedules

1. Schedule 1: Work Details: Detailed description of the work, including title, authors, and abstract

2. Schedule 2: Technical Requirements: Detailed technical specifications for manuscript submission

3. Schedule 3: Creative Commons License Terms: Full text or reference to the specific Creative Commons license being used

4. Appendix A: Publication Timeline: Expected milestones and deadlines for the publication process

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

6. Appendix C: Fee Schedule: Detailed breakdown of any applicable fees and payment terms

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 | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Academic Publishing

Higher Education

Research & Development

Scientific Publishing

Medical Research

Technology

Life Sciences

Social Sciences

Humanities

Educational Services

Relevant Teams

Legal

Editorial

Publishing Operations

Rights Management

Academic Affairs

Research Administration

Library Services

Content Management

Compliance

Author Services

Relevant Roles

Research Professor

Academic Researcher

Publishing Director

Legal Counsel

Rights Manager

Journal Editor

Research Administrator

Library Director

Content Manager

Academic Affairs Director

Research Compliance Officer

Publications Manager

Scholarly Communications Officer

Copyright Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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