Open Access Publishing Agreement Template for Germany

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Key Requirements PROMPT example:

Open Access Publishing Agreement

"I need an Open Access Publishing Agreement for a German university's chemistry department that will be publishing research papers starting January 2025, with requirements for depositing in both institutional and subject-specific repositories, and including provisions for handling research data."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Academic Publishing

Higher Education

Research & Development

Scientific Publishing

Educational Technology

Library Services

Digital Media

Scientific Research

Academic Research

Relevant Teams

Legal

Academic Affairs

Publishing Operations

Rights Management

Digital Production

Editorial

Research Support

Library Services

Content Management

Scholarly Communications

Relevant Roles

Research Professor

Academic Researcher

Publishing Director

Legal Counsel

Rights Manager

Library Director

Research Director

Journal Editor

Content Manager

Academic Affairs Director

Research Policy Officer

Digital Publishing 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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