in NIH PubMed Central Archive
Made this ____ day of ________ 200_, by and between the National Library of Medicine, National Institutes of Health (NIH), Department of Health and Human Services (hereinafter referred to as "NLM") and _______________ (hereinafter referred to as "Participant").
WHEREAS, the NLM was established by statute in order to assist the advancement of medical and related sciences, and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health, and, in carrying out this purpose, is authorized by statute to publish and make available its indexes and bibliographical listings, and to engage in other activities in furtherance of NLM's purpose (sections 465 and 466 of the Public Health Service Act, as amended (42 U.S.C. 286, 286a)); and
WHEREAS, one of the goals of the National Library of Medicine is to improve national health care through the delivery of information services; and
WHEREAS, Participant is willing to furnish electronically readable versions of selected full-text journal articles, at no expense to NLM, in order to incorporate this information into an online archive database at NIH, known as PubMed Central (“the PMC archive”), and thereby result in greater dissemination of biomedical information to scientists, physicians, other health science professionals and the public, which is consistent with NLM's statutory function to make biomedical information widely available; and
WHEREAS, Participant has agreed to grant NLM the above rights in accordance with the terms and conditions of this Agreement;
NOW THEREFORE, it is mutually agreed as follows:
1. Participant chooses to deposit in the PMC archive only articles that it publishes as open access articles, in conformance with the definition agreed to by the participants in the meeting on open access publishing ( the “Bethesda Open Access” meeting) held at the Howard Hughes Medical Institute in April 2003. This definition is reproduced in paragraph 16 of this Agreement.
2. Participant agrees to deliver to NLM an electronic version of these full-text journal articles in SGML or XML format. The full-text SGML or XML must conform to either the NLM Journal Publishing XML DTD or the Keton SGML DTD. If a PDF version of the article exists, it shall be submitted in addition to the SGML/XML files. Figures, photographs, and other graphic material shall be included in high-resolution TIFF or EPS format or, where these are unavailable, in JPEG or GIF format. Any supplementary material such as video, sound, datasets, or software, that is available with the article at the journal’s site shall also be delivered. (All the above forms of data are hereinafter referred to collectively as the “Material.”) NLM shall be able to generate a printable view for user presentation, e.g., HTML, from the submitted SGML/XML. All Material submitted to NLM may be exchanged freely with collaborating mirror sites of PubMed Central.
3. Participant shall furnish, in paragraph 15, a list of the journals from which open access articles will be deposited in PubMed Central. As a condition of inclusion in PubMed Central, each journal must be indexed in one of the major abstracting and indexing services such as MEDLINE, BIOSIS, EMBASE, Science Citation Index, PsychINFO, Agricola or Chemical Abstracts. In lieu of this, at least three editorial board members must currently be principal investigators on research grants from major funding agencies in order for any journal to be included in PubMed Central. All journal titles submitted must have peer review of their respective scientific content.
4. The journal shall deposit all the Material for an article in PMC on or before the date of publication. The deposited files must conform to PMC’s standard file specifications and must meet PMC’s data quality standards for complete and accurate content.
5. Material deposited in the PMC archive will be retagged if necessary, by NLM, to conform to the NLM XML DTD format used for all data in the archive. When the Material is included in the archive, NLM shall index the full text and use such indexes to provide free access via the World Wide Web to online searching of the archive and linking of the full text with related resources including, but not limited to, gene sequence data, whole genomes and online text books.
6. NLM and NLM’s users will have all the rights to distribute or use the Material as specified in the definition of an open access publication in paragraph 16.
7. Full text of these articles will be displayed in the same way as standard PMC articles, except that NLM is not required to display the contributing journal’s logo on the full-text article page in PMC, or to provide links from this page in PMC to the journal site, or to display a separate Table of Contents page for the journal.
8. NLM shall:
clearly indicate to users of PubMed Central the identity of the source of each submitted article and that copyright in each article belongs to the respective authors or to Participant or its licensors, whichever is stated in the SGML/XML-tagged version of the full-text article supplied to PMC;
assist in the submission process of SGML/XML tagged content;
coordinate with the repository efforts of international partners;
archive the content and provide that the content will remain accessible in the future to the Participant and other users of PubMed Central whether or not this Agreement is still in effect;
comply with any request of Participant for a copy of the originally submitted data files whether or not this Agreement is still in effect.
9. NLM represents that the PubMed Central software developed by NLM was prepared with a reasonable standard of care. NLM makes no representations or warranties, expressed or implied, regarding the accuracy of the software or that the software is error-free.
10. NLM is not limiting the number of Participants in the PubMed Central project beyond restricting the journal articles to the domain of the life sciences and related disciplines as defined by NLM and subject to the submission conditions in paragraph 2 above.
11. In its system documentation and online help files, NLM shall acknowledge Participant as the source of the journal material. The use of this Material does not imply an endorsement by NLM of the Participant or its data. NLM makes no representation or implied warranty of merchantability or fitness for a particular purpose with respect to the NLM database and NLM specifically disclaims any such warranties and representations.
12. NLM’s rights to use the Material under this Agreement are nonexclusive. NLM acknowledges that it does not assert any copyright over the Material submitted and that copyright resides with the Participant and/or the authors of the respective journal articles, whichever is applicable. NLM shall provide notice in its system documentation and online help files that users should be aware that Material in the databases may be from copyrighted sources. Participant shall indemnify NLM from and against any and all expenses, damages or loss from any claim by any person or entity arising from any intentional or negligent acts or omissions or copyright infringement on the part of Participant. NLM shall not be liable for any claims, demands, damages, expenses or losses arising from its use of the Material under this Agreement. NLM shall provide notice that users of the database are solely responsible for compliance with copyright restrictions. In consideration of this notice, Participant shall hold NLM harmless from any liability for any intentional or negligent acts or omissions or copyright infringement on the part of users of the database.
13. This Agreement shall be effective for one year from the date first written above and shall be automatically renewable for further one year periods unless either party provides written notice of its intention not to renew at least 30 days in advance of the renewal date. Either party may terminate this Agreement at any time for any reason upon 30 days written notice to the other party, without liability to the other party.
14. In the event of termination of this Agreement by Participant, all Material supplied to PMC by Participant prior to the date of termination will be retained in the PMC archive. NLM’s right to display the full text of Participant’s Material retained in PMC after the date of termination shall not change.
15. Participant may deposit individual open access articles from the following journals in PubMed Central:
16. An Open Access Publication1 is one that meets the following two conditions:
The author(s) and copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship2, as well as the right to make small numbers of printed copies for their personal use.
A complete version of the work and all supplemental materials, including a copy of the permission as stated above, in a suitable standard electronic format is deposited immediately upon initial publication in at least one online repository that is supported by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving (for the biomedical sciences, PubMed Central is such a repository).
NATIONAL LIBRARY OF MEDICINE
Kent A. Smith
Deputy Director, NLM
PubMed Central Agreement for Individual Open Access Articles (October 2003) Page of