Presentation at the SciELO SA User Group meeting Cape Town 29 July 2014 Speaker: Tobias Schonwetter

1. Publishing Agreement between
SciELO SA and the journals
29 July 2014
Dr Tobias Schonwetter
(UCT IP Unit; Creative Commons)

3. Author Publisher
Transfer of copyright
Licence
SciELO SA
Starting point

4. Content
1. Licence to Publish
2. Copyright Ownership
3. Responsibilities of the Publisher
4. Rights and Duties of ASSAf
5. Costs/Fees
6. Representations and Warranties
7. Final Acceptance by ASSAf Peer Review Panel
8. Downtime
9. Commencement Date / Duration
10. Termination
11. Confidentiality
12. Governing Law
13. Dispute Resolution
14. Communication and Notices
15. Miscellaneous

5. Content
1. Licence to Publish
“Subject to the terms and conditions contained herein, the
Client hereby grants to ASSAf a non-exclusive,
royalty-free, worldwide licence to publish, scan,
reproduce, store, index, distribute, transmit and
communicate to the public current and future editions
of the Work on ASSAf’s SciELO SA platform according to
the terms of the Creative Commons Attribution
South Africa licence (Appendix A).”
Activities needed by ASSAf to carry out their work

7. The way copyright laws around the world operate is that
the moment creative works are created (written works, music,
photographs etc), authors automatically get a monopoly
that allows them to decide if and under what
circumstances others can use this work.

8. Default & automatic All Rights Reserved situation

9. “Ideally, Open Access is not only the practice of
providing unrestricted access to peer-reviewed
scholarly research but to also grant some additional
rights to re-use the material.”

10. CC licences are used as a standardised way of
specifying usage rights upfront

11. More than half a billion CC licensed works on the
Internet

15. Attribution Attribution-ShareAlike
Attribution-Noncommercial Attribution-Noncommercial-ShareAlike
Attribution-NoDerivatives Attribution-Noncommercial-NoDerivatives

18. In a nutshell: CC makes copyrighted material more
useable by providing free licences give certain
permissions in advance regarding the usage of
these works.

20. Content
2. Copyright Ownership
“Publisher shall retain copyright held by it.”

21. The rest of the contract is pretty straight-forward…

22. Content
3. Responsibilities of the Publisher
§ Provide ASSAf with required information regarding the Work;
§ provide ASSAf with logotypes of each journal and of its sponsors;
§ provide ASSAf with documents in pdf or open file format;
§ deliver to ASSAf the Work without delay once it is published;
§ comply with the periodicity of the journal.

23. Content
4. Rights and Duties of ASSAf
ASSAf shall:
§ report any delay in including the Work;
§ ensure periodic and remotely-stored back-ups of the SciELO
SA database by hosting service provider;
§ obtain adequate bandwidth from its hosting service provider
to ensure sufficiently fast and reliable user access subject to
the availability restrictions (Clause 8);
§ during business hours respond to general and technical
enquiries from the Publisher;
§ regularly evaluate journal’s quality and production cycle;
§ collect and collate background information on the journal
to compile title pages and website of the journal.
Ø Technical
Ø Evaluation
Ø Removal

24. Content
4. Rights and Duties of ASSAf (continued)
ASSAf may:
§ download and open files containing the Work and make such
modifications as are technically necessary to include the Work
(e.g., converting a file into html format);
§ mark-up the Work in order to publish the Work electronically;
§ gather bibliometric algorithms and statistics on the database;
§ remove Works from the database if agreement is terminated.

25. Content
5. Costs / Fees
“No cost to the Publisher. ”
“Inclusion in SciELO database is subject to Final Acceptance
by the ASSAf Peer Review Panel. ”
7. Final acceptance
10-15. Standard clauses / Miscellaneous

26. A closer look at some of the other provisions…

27. Content
6. Representations and Warranties
Publisher represents and warrants:
• Work does not contain defamatory material, no violation of
privacy and other 3rd party rights, incl. copyright,
• Publisher has rights to grant the required licence;
• Research meets the highest reporting standards and has been
approved by an institutional ethics committee;
• Agreement of all authors;
• Appropriate attribution of minor contribution;
• Sponsorships and support are appropriately acknowledged;
• Authors have disclosed potential conflicts of interest.

28. Author Publisher
Transfer of copyright
Licence
SciELO SA
Starting point

29. “The Author hereby grants to the Publisher a[n] [non-]exclusive,
irrevocable, royalty-free, worldwide licence to:
publish, reproduce, store, distribute, transmit and communicate
to the public the Manuscript and any supplemental material in
whole or in part, in print and/or digital form, whether or not in
combination with the works of others, under a Creative
Commons Attribution South Africa licence (see
http://creativecommons.org/licenses/by/2.5/za/deed.en for
version 2.5 of this licence) …”
Typical clause:

30. And make sure third party material is covered as well!

31. Content
8. Downtime
§ Uninterrupted database access except for (i) scheduled
maintenance, outages, upgrades and similar events (ii) disruptions
attributable to third party dependencies and (iii) emergency
events.
§ Database may be temporarily unavailable for reasons beyond the
control of ASSAf (dependencies).
§ ASSAf is not responsible / liable for: malfunction or failure or
unavailability of the SciELO database where ASSAf or its service
providers have maintained industry accepted standards to avoid this.

32. Content
10. Termination
§ Either party:
§ without cause: 3, 6 or 15 months prior written notice,
depending on frequency of publication;
§ with immediate effect by written notice if:
§ either Party is liquidated;
§ either Party is in breach of a provision of this Agreement and
failed to rectify such breach within 1 month.
§ ASSAf with immediate effect by written notice if:
§ a journal’s publication was repeatedly delayed;
§ the Work fails ASSAf / SciELO evaluation;
§ Work does not meet SciELO’s quality standards and other
requirements (Appendix) and fails to rectify the violation within
12 months after receiving a letter of demand from ASSAf.

33. Content
10. Termination
§ If ASSAf is unable to continue running the SciELO both Parties
shall strive to find a new platform for the Client’s Work which
will make the Client’s work similarly visible and accessible.
Current preservation arrangement;
will be expanded at a later stage

34. Anything missing? Any questions / suggestions at this point?

35. THANK YOU!

36. Thank you!
my email address:
tobias@creativecommons.org

37. Creative Commons Licence
This presentation is the work of Dr. Tobias Schonwetter.
It is licensed under a
Creative Commons Attribution-ShareAlike 3.0 South Africa License.
To view a copy of this license, visit
http://creativecommons.org/licenses/by-sa/3.0/za/
or send a letter to:
Creative Commons, 444 Castro Street, Suite 900, Mountain View,
California, 94041, USA.