Instructions for completing the "agreement for selective deposit in nih pubmed central archive"

Дата канвертавання25.04.2016
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A. In the first paragraph of the agreement, fill in the name of the organization that, as the copyright holder or copyright holder’s legal representative, is entering into this agreement with NLM.
B. In paragraph #22, list the access programs or publication sets for which you are including articles in PMC. Then, from the bracketed options, choose:

  • when the full text may be made viewable in PMC;

  • and whether or not you permit unrestricted redistribution of your source files by including them in the PMC Open Access subset (with a Creative Commons or similar license).

Delete the options that do not apply.
C. In the box below, enter the name and address of the person to whom NLM can return a copy of the agreement after it has been signed by NLM.

D. Sign and return two originals to:

PubMed Central

National Center for Biotechnology Information

National Library of Medicine

Building 45, Room 5AN12

45 Center Drive, MSC 6510

Bethesda, Maryland 20892-6510



Agreed, by and between the National Library of Medicine, National Institutes of Health (NIH), U. S. 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 full-text journal articles and other journal content, at no expense to NLM, in order to incorporate this information into an NIH digital archive, managed by NLM and known as PubMed Central (“PMC”); and
WHEREAS, NLM has agreed to make the journal content in PMC available to its users, subject to the terms of this Agreement, thereby resulting 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, NLM wishes to provide electronic copies of the Participant’s journal content (the “Content,” as defined in paragraph 1) from the PMC archive to other archives selected by NLM (the “PMC International archives” or “PMCI archives”) in order to increase access to the Content and better ensure its preservation; and
WHEREAS, each PMCI archive is required, by separate agreement with NLM, to provide a free PMC International (PMCI) online service that is similar to the U.S. PMC service; and each PMCI archive is sponsored and managed by an NLM-designated national or international agency, or other not-for-profit organization (at an equivalent national or international level) formed by non-commercial entities such as universities, research institutions, funding agencies, or professional societies; and
WHEREAS, Participant has agreed to grant NLM certain rights in accordance with the terms and conditions of this Agreement;
NOW THEREFORE, it is mutually agreed as follows:

  1. For the purposes of this Agreement, a journal’s Content includes the following electronic files for each article, and the Participant agrees to deliver to NLM all of this Content:

  1. Full text of the article in XML or SGML format, using a mutually agreed upon DTD.

  2. Figures, photographs, and other graphic material in high-resolution TIFF or EPS format or, where these are unavailable, in JPEG or GIF format, at a resolution equivalent to that of the original source images provided to the journal by the authors.

  3. A PDF version of the article, if it exists.

  4. Any supplementary material, such as video, sound, datasets, or software files that the authors include with the article.

  1. In the context of providing public access to the Participant’s Content, wherever this Agreement refers to PMC, it is understood that the same terms, conditions and rights will apply equally to all the PMCI archives.

  1. Content sent to 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. NLM may generate a printable view of the article for user presentation from the submitted XML/SGML and image files. When the Content 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.

  1. Participant shall furnish, pursuant to paragraph 22, the class or set of articles to be included in PubMed Central. It is understood that such classes will usually be defined in terms of a special access program, e.g., articles resulting from research funded by certain agencies, or articles published under a publisher’s Open Access option. In order to be accepted into PubMed Central, articles must satisfy the current scientific and technical quality standards for PubMed Central content (as described on the PMC web site or elsewhere).

  1. Participant shall also specify, pursuant to paragraph 22, whether full text of each article may be made available to PMC’s users immediately upon receipt, or only after a specified period of time from the date of publication. It is understood that PMC will always provide free access to any Content that is made available to users.

  1. Participant acknowledges that, as of the date of this Agreement, NLM supports two PMCI archives:

  • The UKPMC archive, sponsored by the Wellcome Trust, London, UK.

  • The PMC Canada archive, sponsored by the Canadian Institutes for Health Research (CIHR), Ottawa, Canada.

  1. The Participant agrees to allow NLM to redistribute the Participant’s Content to the PMCI archive(s) listed in paragraph 6. Redistribution to any future PMCI archives will require the Participant’s written approval, as defined in paragraph 20.

  1. NLM may provide a PMCI archive all of the types of files that are used to provide access to the Participant’s Content in PMC. NLM will be responsible for the actual transmission of Participant’s files from PMC to the PMCI archive, and will ensure that the PMCI archive follows any applicable delay on free access to the full text of the Participant’s Content, as defined in paragraph 22. The Participant will not be charged by NLM for any cost related to the distribution of any files from PMC to a PMCI archive or any cost related to the creation and operation of a PMCI archive.

  1. In addition to providing public access to the Content, as specified elsewhere in this Agreement, NLM also shall have rights to use the Content as follows:

  • Notwithstanding any restrictions on access to full text specified in paragraph 22, NLM staff and its contractors shall have free and unrestricted access to the Content from the time of deposit, for the purpose of ensuring the integrity and accuracy of the deposited files and for indexing in PubMed Central or PubMed.

  • When the Content is available publicly in PMC, after any embargo period specified in paragraph 22, NLM may use it to satisfy interlibrary loan (ILL) requests under sections 107 and 108 of the Copyright Act, as amended (Title 17 U.S.C.), as permitted under such laws.

  1. NLM shall:

  • clearly indicate to PMC users the identity of the source of each submitted article and that copyright in each article belongs to Participant or its licensors;

  • give Participant the option to include a link from the general copyright notice on the PMC web site to a page on the Participant’s web site that lists specific terms and conditions that apply to the use of the Participant’s Content;

  • assist in the submission process of XML/SGML tagged Content;

  • archive the Content and provide that the Content will remain accessible in the future to the Participant and other users of PMC, 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.

  1. NLM shall provide the Participant regular usage reports for all its Content in PMC, subject to U.S. Government and PMCI archive policies regarding confidentiality and privacy. At a minimum, the reports will be updated once a month and will show, by month, the number of unique IP addresses that have accessed the Participant’s Content and the total retrieval of this Content, broken down by format (e.g., full-text HTML view, PDF, etc.). Usage will be reported separately for the U.S. PMC site and for each PMCI site. The PMC usage reports generally provide more data than called for in the applicable COUNTER specification (release 2). However, NLM’s privacy policy does not allow the identification of use made by specific individuals, organizations or IP addresses. Therefore, PMC usage reports will not include such data.

  1. 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.

  1. 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 4 above.

  1. In its system documentation and online help files, NLM shall acknowledge Participant as the source of the journal Content. The use of this Content 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.

  1. NLM’s rights to use the Content under this Agreement are nonexclusive. NLM acknowledges that it does not assert any copyright over the Content submitted and that copyright resides with the Participant and/or the authors of the respective journal articles, whichever is applicable. NLM shall provide notice to PMC users that Content in the database may be from copyrighted sources and that users of the database are solely responsible for compliance with copyright restrictions. Articles posted to PMC are without warranty from Participant of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall Participant be liable for any loss or damage arising out of, or in connection with, the use or performance of this information.

  2. NLM has a distribution agreement with each PMCI archive governing the terms and conditions under which NLM will provide Content from the PMC archive to the PMCI archive. In particular:

  • The PMCI archive must comply with all relevant terms and conditions of the current Agreement between NLM and the Participant. The PMCI archive will be subject to all limitations on the use of the Participant’s Content and to all other terms and conditions related to identification of the source and the copyright of the Participant’s Content as defined in this Agreement.

  • Except in the case of Open Access journals that allow unrestricted downloading or distribution of their files, the PMCI archive will not give users or other organizations direct access to the XML, OCR or other “raw data” files that are used to create online views of articles or for background processes such as searching.

  • The PMCI archive will not redistribute any of the Participant’s files that it receives from NLM and it will take reasonable measures to prevent bulk downloading of the files. These measures will include, but need not be limited to, automated processes to monitor all use on the local web site and to block access to the site by any user IP address that exceeds certain thresholds of consistent activity in specific time spans. It is understood that the nature of these controls may change as technology evolves.

  • The agreement with the PMCI archive specifies that US law governs all terms pertaining to the use and distribution of Participant’s files.

  1. NLM will ensure that a PMCI archive follows standards equivalent to those of the U.S. PMC service for the presentation of articles and other journal Content to users. The PMCI archive will be required to use NLM’s portable PMC (pPMC) software to manage the Content and display it online for users. pPMC software is derived from the software used to operate the U.S. PMC system at NLM. If a PMCI archive ceases to exist or consistently fails to meet NLM’s standards for the quality of the archive, NLM shall withdraw all Participant’s Content supplied to the archive from PMC.

  1. The Participant may, at any time, request NLM to prevent access via PMC to an item in the Participant’s Content that the Participant reasonably believes to be illegal or an infringement of any person’s rights. In order to maintain the historical record, in keeping with international library guidelines, including those published jointly by the International Federation of Library Associations and Institutions (IFLA) and the International Publishers’ Association (IPA), NLM shall retain the subject item in its internal PMC archive, but prevent access to it via the public PMC online system and withdraw it from any PMCI archive to which it was distributed previously. PMC users will be able to see a citation (title, authors, journal source data) for the subject item. In lieu of the full content of the item, a user will see a notice indicating that, for legal reasons, the publisher has withdrawn permission to display the item in PMC, and that a copy of the item may be available from the journal publisher or from NLM, upon request, under certain conditions.

  1. This Agreement shall be effective for one year from the date first written above and shall be automatically renewed for further one year periods, until terminated. Either party may terminate this Agreement at any time after the first year, for any reason, upon 30 days written notice to the other party, without liability to the other party. If any terms in this Agreement are to be changed, both parties agree to notify the other at least 30 days before such changes are to take effect and permit either party to terminate the Agreement if such changes are not acceptable.

  1. NLM may establish additional PMCI archives subsequent to the date of this Agreement. NLM will give the Participant written notice of any such new archive and request the Participant to allow its Content to be made available to the new archive. If the Participant is willing to make its Content available to the new archive, the Participant and NLM will amend the current Agreement or enter into a new agreement in order to include the new archive in the list of PMCI archives approved by the Participant. If the Participant does not respond to the notice from NLM, the new archive will be deemed disapproved for purposes of distributing the Participant’s Content.

  1. In the event of termination of this Agreement by Participant, Participant agrees that NLM may retain in the PMC archive all Content submitted to PMC prior to the date of termination. NLM’s right to provide PMC’s users access to the full text of Participant’s Content retained in PMC after the date of termination shall be governed by the terms of paragraphs 5, 18 and 22.

  1. Participant agrees to include in PubMed Central all articles from the Participant’s journals that belong to the following access programs or publication sets, subject to the specified conditions on access to full text:

(List the applicable programs or publication sets, e.g., specific publisher’s Open Choice program, or the set of articles funded by certain named funding agencies. Then select the applicable deposit and access conditions from the [bracketed] options below.)

Access Program(s) and/or Publication Sets:

  • New Content will be supplied to PMC before or soon after the time of publication; at the most, it will be within 4 weeks after publication.

  • PMC may make full text available free to users, without any requirement for users to register or otherwise identify themselves. PMC may release all articles to users [at the time of publication, | months after publication,] unless a different release date / delay is specified in the XML/SGML file for an article. Participant will follow PMC’s technical specifications for defining release delays when articles in the same journal have different release delays. Participant agrees that the maximum release delay permitted for an article is 12 months after publication.

  • In the HTML view of an article, PMC will include a page banner that identifies the corresponding journal and provides a link, as defined by the journal, to the publisher’s site.

  • NLM may include [ALL | SOME | NONE] of the Participant’s articles that are covered by this Agreement in the PMC Open Access subset. Permission to include articles in the PMC Open Access subset implies the following understandings about redistribution of Participant’s Content, including full-text XML, for such articles:

  • If only some of the Participant’s articles are to be included in the Open Access subset, Participant will identify such articles with specific tagging in the full-text XML/SGML for each article, according to PMC’s technical guidelines.

  • PMC may make all the Content for the Open Access articles freely available to users for downloading via the PMC OAI (Open Archives Initiative) service, the PMC FTP site, or similar future services.

  • Participant will summarize, in a license or copyright statement in both the XML and PDF versions of each Open Access article, the terms of use that apply to users of such articles.

  • Reuse or redistribution of such Content by anyone will be subject only to proper attribution of the original source and authorship, and to any license or copyright terms that are included in a particular article.

  1. Participant represents and warrants that it has the necessary rights and authorizations, including copyright rights, to enter into this PMC Agreement.

  2. This Agreement is governed by the Federal laws of the United States, as interpreted by the U.S. courts in the District of Columbia.

IN WITNESS WHEREOF, the parties have executed this Agreement, effective upon the date of the latest signature below:


Signature Date

Betsy L. Humphreys


Deputy Director, NLM



Signature Date



PMC Selective Deposit Agreement (June 2009 version) Cover page

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