Open Access Publishing Agreement Generator for United States

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Key Requirements PROMPT example:

Open Access Publishing Agreement

"I need an Open Access Publishing Agreement for a research paper funded by NIH that will be published in March 2025, ensuring compliance with federal funding requirements and including provisions for deposit in PubMed Central."

Document background
The Open Access Publishing Agreement serves as the foundational document for publishing academic works with unrestricted public access. This agreement type has become increasingly important with the global shift toward open science and the requirements of major funding bodies for public access to research outputs. Used when authors wish to publish their work in open access formats, it covers essential aspects such as copyright retention, Creative Commons licensing, article processing charges, and repository deposit requirements. Under U.S. jurisdiction, this agreement ensures compliance with federal research funding requirements while protecting both publisher and author interests.
Suggested Sections

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

2. Background: Context of the agreement and purpose of open access publishing

3. Definitions: Key terms used throughout the agreement including 'Work', 'Open Access', 'License'

4. Grant of Rights: Specific rights granted to the publisher and retained by the author

5. License Terms: Details of the open access license applied to the work

6. Author Warranties: Author's confirmations regarding ownership and originality

7. Publication Terms: Publisher's obligations regarding publication and distribution

Optional Sections

1. Article Processing Charges: Payment terms for publication fees - include when publication involves processing charges

2. Institutional Agreement References: References to institutional open access agreements - include when author's institution has existing agreement with publisher

3. Data Availability Statement: Requirements for research data sharing - include when research data sharing is required by funders or institution

Suggested Schedules

1. Schedule 1: Creative Commons License Terms: Full text of the applicable Creative Commons license

2. Schedule 2: Publication Requirements: Technical requirements for manuscript submission

3. Appendix A: Author Guidelines: Detailed guidelines for manuscript preparation and submission

4. Appendix B: Repository Requirements: Requirements for depositing in specific repositories

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
Industries

U.S. Copyright Act: Primary federal copyright law (17 U.S.C.) governing rights of authors and publishers, including provisions for copyright protection, transfer, and licensing

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online content protection and liability provisions

E-SIGN Act: Electronic Signatures in Global and National Commerce Act governing the validity of electronic signatures and records in publishing agreements

UETA: Uniform Electronic Transactions Act providing framework for electronic transactions and signatures at state level

State Privacy Laws: Various state-specific privacy regulations, including CCPA, affecting data protection requirements for authors and publishers

NIH Public Access Policy: Federal requirement mandating public access to NIH-funded research publications

Creative Commons Licensing: Standardized licensing framework commonly used in open access publishing to specify usage rights

State Contract Laws: State-specific contract formation and enforcement principles affecting publishing agreements

Uniform Commercial Code: Standardized commercial laws adopted by states affecting contract formation and enforcement

Berne Convention: International copyright treaty establishing basic rights for literary and artistic works across member countries

Fair Use Doctrine: Legal doctrine allowing limited use of copyrighted material without permission for purposes such as commentary, criticism, or research

Work-for-hire Doctrine: Legal concept determining ownership of works created in the course of employment or specifically commissioned works

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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