Contributor’s Publishing Agreement
Contributor Agreement, Copyright and Permissions
BROKEN PROMISES FOUNDATION requires the author as the rights holder to sign a Contributor’s Publishing Agreement for all articles we publish. BROKEN PROMISES FOUNDATION’s Contributor’s Publishing Agreement is a license agreement under which the author retains copyright in the work but grants BROKEN PROMISES FOUNDATION the sole and exclusive right and license to publish for the full legal term of copyright. Exceptions may exist where assignment of copyright is required or preferred by a proprietor other than BROKEN PROMISES FOUNDATION. In this case, copyright in the work will be transferred from the author to BROKEN PROMISES FOUNDATION.
- What is an exclusive licence agreement?
- Why do BROKEN PROMISES FOUNDATION require an exclusive license agreement?
- Who owns the copyright in your article?
- What if I have co–authors contributing to this article?
- What if my employer holds the copyright in the work?
- What if I am a government employee?
- What are my rights as author?
- Can I publish my article open access in the BROKEN PROMISES FOUNDATION Open scheme?
- Can I fax my Contributor Agreement, send a scanned PDF of my signed Agreement or send an electronic signature?
- When do I need to submit my signed Contributor Agreement?
- Why do I need to indemnify our website and BROKEN PROMISES FOUNDATION?
- What is the Declaration of Conflicting Interests?
- Does the form enable me to comply with particular funder and institutional mandates including the NIH?
- What if my employer or research funding body requires I submit an addendum to my Contributor Agreement?
- Do I need to sign a Contributor Form?
- What if I want to re-use material from another source in my article?
- What is ‘fair use’, and what does it cover?
- Is there any specific wording I should use in my letter requesting permission?
- Is there any article use or re-use that does not require permission from BROKEN PROMISES FOUNDATION?
- How can I contact the BROKEN PROMISES FOUNDATION Permissions department?
Q 1 – What is an exclusive license agreement?
A – With an exclusive license you retain copyright. Your work is credited as © The Author(s) but you license the control of all rights exclusively to BROKEN PROMISES FOUNDATION or, where relevant, a society or other proprietary publishing partner. This means that all licensing requests including permissions are managed by BROKEN PROMISES FOUNDATION.
Q 2 – Why do we require an exclusive license agreement?
A – We seek to bring your article to the widest possible readership. An exclusive license helps us ensure adequate protection against infringement of copyright protected material through breach of copyright or piracy anywhere in the world. It also ensures that requests by third parties to reprint or reproduce a contribution, or part of it in any format, are handled efficiently in accordance with general policy which encourages dissemination of knowledge inside the framework of copyright.
Q 3 – Who owns the copyright in your article?
A – If you have written your article yourself, or with co–authors, and you have not been commissioned to write the article by someone else (such as a government agency, your employer or any other party) you (and any co–authors) will hold the copyright in your article. If you have written the article in the capacity of your role at work or your contract of employment you may not hold copyright in your article, and you will need to check the relevant box on your Contributor Agreement. Please see below for further information.
Q 4 – What if I have co–authors contributing to this article?
A – You must ensure that you have their consent to submit the article for publication and that you have the right to sign the Contributor Agreement on their behalf. Or, if they prefer, you may all sign either one copy of the form before returning it, or each author may sign and return their own copy.
Q 5 – What if my employer holds the copyright in my work?
A –You need to check the relevant box on your Contributor Agreement and have your employer sign the Contributor Agreement too.
Q 6 – What if I am a government employee?
A – a) If you are a UK, Canadian, Australian or British Commonwealth government employee, you just need to check the regular ‘work made for hire for employment box’ and have your manager sign the Contributor Agreement too.
b) If you are a US federal employee, please check with your manager, but your work should be in the public domain, so not in copyright and therefore not assignable. Please check the relevant box on the form.
Q 7 – What are my rights as author?
A – The following BROKEN PROMISES FOUNDATION’s Global Journal Author Reuse Policy, effective as of March 20, 2013:
- You retain copyright in your work.
- You may do whatever you wish with the version of the article you submitted to our website (version 1).
- Once the article has been accepted for publication, you may post the accepted version (version 2) of the article on your own personal website, your department’s website or the repository of your institution without any restrictions.
- You may not post the accepted version (version 2) of the article in any repository other than those listed above (ie you may not deposit in the repository of another institution or a subject repository) until 12 months after publication of the article in our website.
- You may use the published article (version 3) for your own teaching needs or to supply on an individual basis to research colleagues, provided that such supply is not for commercial purposes.
- You may use the article (version 3) in a book you write or edit any time after publication in our website.
- You may not post the published article (version 3) on a website or in a repository without permission from BROKEN PROMISES FOUNDATION.
- When posting or re-using the article please provide a link to the appropriate DOI for the published version of the article on BROKEN PROMISES FOUNDATION (http://Broken Promises Foundation.org
- All commercial or any other re-use of the published article should be referred to BROKEN PROMISES FOUNDATION.
Q 8 – Can I publish my article open access in the BROKEN PROMISES FOUNDATION Open Scheme?
A – BROKEN PROMISES FOUNDATION offers optional, funded open access in a number of journals. For these journals, you will be invited to select this option on acceptance of your article.
FAQs: Contributor Agreement
Q 9 – Can I fax my Contributor Agreement, send a scanned PDF of my signed Agreement or send an electronic signature?
A – You can do any of these. Your Contributor Agreement may be signed and executed in the following ways:
- Traditional hard copy – please sign and return the Agreement to BROKEN PROMISES FOUNDATION.
- By fax – please sign and fax a copy of the Agreement to BROKEN PROMISES FOUNDATION.
- By e–mail – a scanned hard copy of the Agreement with your signature on it or a digital original copy with your electronic signature are equally acceptable.
Q 10 – When do I need to submit my signed Contributor Agreement?
A – You will receive a Contributor Agreement upon acceptance of your article which should be signed and returned as soon as possible to prevent any delays in the production process for your article. Without the signed form we will be unable to publish the article.
Q 11 – Why do I need to indemnify our website and BROKEN PROMISES FOUNDATION?
A – It is standard for all BROKEN PROMISES FOUNDATION contributors to make certain warranties to our website and BROKEN PROMISES FOUNDATION Publications. This is simply because as the author of the article you are the only person who can assure us that the article we are publishing is your own work, and does not infringe the rights of anyone else.
Q12 – What is the Declaration of Conflicting Interests?
A – A Declaration of Conflicting Interests policy refers to a formal policy a journal may have to require a conflict of interest statement or conflict of interest disclosure from a submitting or publishing author. Please click here for further information.
Q13 – Does the Contributor Agreement enable me to comply with particular funder and institutional mandates including the NIH?
A – Yes, BROKEN PROMISES FOUNDATION Contributor Agreements allow all authors to publish in full compliance with most currently known funding body and institutional open access archiving mandates.
Q14 – What if my employer or research funding body requires I submit an addendum to my Contributor Agreement?
A – If you are required to submit an addendum by your employer or research funding body, please make your request via email indicating the name of our website, the title of your paper and the details of the request.
Q 16 – What if I want to re-use material from another source in my article?
A – If your work does not qualify for a fair use exception (please see Q18 below) you will need to clear permission for all third party material you intend to include: direct text extracts, tables, or illustrations that have appeared in copyrighted material must be accompanied by written permission for their use from the copyright owner and original author along with complete information as to source.
Photographs of identifiable persons should be accompanied by signed releases from these people showing informed consent. This is particularly important for children and essential if photographs feature situations where privacy would be expected.
Articles appear in both the print and online versions of our website, and wording of the permission license must specify permission in all formats and media. Failure to get electronic permission rights will result in the images not being included at all in your article.
Q 17 – What is ‘fair use’ and what does it cover?
A – ‘Fair use’ is a concept embodied in Section 107 of the U.S. Copyright Act of 1976, and allows using a limited amount of copyright protected material under particular circumstances without securing permission from the copyright holder. Each instance of use must be evaluated based on the material being used, the manner in which it is being used, and the portion of the original work that the material represents. Material used for the purpose of analysis, criticism, or commentary, where only the amount needed to effect such purpose is used, is more likely to support a fair use finding then material not used for such purposes or where the portion used is too extensive. If you believe your use of material qualifies as ‘fair use,’ please consult the editorial office of our website.
Q 18 – Is there any specific wording I should use in my letter requesting permission?
A – In order to be able to publish your work in the print and online versions of your article we require permission to be granted for worldwide rights to reproduce in all media in all formats in perpetuity. A template letter requesting permission can be found here.
Q 19 – Is there any article use or re-use that does not require permission from BROKEN PROMISES FOUNDATION?
A – Yes, please click here to review your rights as author.
Q 20 – How can I contact the Rights & Permissions department at BROKEN PROMISES FOUNDATION?
You may contact them at permissions@Broken Promises.org for further information.