The Open Access Publishing Agreement serves as the primary legal instrument for establishing the relationship between academic authors and publishers in the Philippines for open access publication. This document is essential when authors wish to publish their research work in an open access format, making it freely available to the public while protecting the rights of all parties involved. It incorporates specific requirements of Philippine intellectual property law, including provisions from the Intellectual Property Code (RA 8293) and the E-Commerce Act (RA 8792). The agreement typically covers copyright arrangements, publishing rights, author warranties, publication standards, and open access licensing terms. It's particularly relevant for academic institutions, research organizations, and publishers operating within or in collaboration with Philippine entities.
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1. Parties: Identification of the Publisher and Author(s)/Rights-holder(s)
2. Background: Context of the agreement and brief description of the work to be published
3. Definitions: Definitions of key terms used in the agreement including 'Open Access', 'Creative Commons License', 'Work', etc.
4. Grant of Rights: Author's grant of publishing rights and specification of open access terms
5. Open Access License Terms: Detailed specification of the open access license type and terms
6. Author Warranties: Author's warranties regarding ownership, originality, and right to publish
7. Publisher Obligations: Publisher's responsibilities regarding publication, distribution, and maintenance
8. Publication Standards: Quality standards, format requirements, and technical specifications
9. Attribution and Credit: Requirements for author attribution and institutional credit
10. Term and Termination: Duration of the agreement and conditions for termination
11. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Article Processing Charges: Include when there are fees associated with publication
2. Dataset Availability: Include when research data must be made openly accessible
3. Institutional Repository Rights: Include when addressing deposit in specific institutional repositories
4. Third-Party Content: Include when the work contains materials requiring additional permissions
5. Editorial Process: Include when specific editorial review processes need to be detailed
6. Translations: Include when addressing rights and process for translations
7. Metrics and Analytics: Include when specifying tracking of article usage and impact
8. Government Funding: Include when research is funded by government grants with specific requirements
1. Schedule 1 - Work Details: Detailed description of the work including title, authors, and abstract
2. Schedule 2 - Technical Requirements: Specific technical requirements for submission and publication
3. Schedule 3 - Creative Commons License: Full text of the applicable Creative Commons license
4. Appendix A - Publication Timeline: Expected dates for submission, review, and publication milestones
5. Appendix B - Style Guide: Publisher's style and formatting requirements
6. Appendix C - Fee Schedule: Detailed breakdown of any applicable fees and payment terms
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