Open Access Publishing Agreement Template for India

The Open Access Publishing Agreement serves as a crucial legal framework for academic publishing in India, where there is growing emphasis on open access to research outputs. This document is essential when authors or institutions wish to publish research work in open access formats, making it freely available to the public while protecting all parties' interests. It addresses key aspects such as copyright retention, Creative Commons licensing, article processing charges (if applicable), and author rights, all within the context of Indian law. The agreement complies with Indian legislation including the Copyright Act, 1957, and Information Technology Act, 2000, while meeting international open access publishing standards. It's particularly relevant for publicly funded research and institutions committed to open knowledge dissemination, incorporating necessary provisions for digital publication and distribution in the modern academic landscape.

1. Parties: Identifies the publisher and author(s)/institution, including full legal names and addresses

2. Background: Describes the context of the agreement, the work to be published, and the open access publishing model

3. Definitions: Defines key terms used throughout the agreement including 'Work', 'Open Access', 'Creative Commons License', 'Article Processing Charge'

4. Grant of Rights: Specifies the rights granted to the publisher while confirming author retention of copyright and open access terms

5. Author Rights and Obligations: Details the rights retained by authors and their responsibilities regarding content, accuracy, and originality

6. Publisher Rights and Obligations: Outlines the publisher's commitments regarding publication, distribution, and maintaining open access

7. Publication Terms: Describes the publication process, peer review, and acceptance criteria

8. License Terms: Specifies the Creative Commons license type and terms of use for the published work

9. Warranties and Representations: Author warranties regarding originality, ownership, and right to publish

10. Term and Termination: Duration of the agreement and conditions for termination

11. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement