BioMed Central’s Copyright and Licensing Agreement for articles that are not immediately open access
All research articles published in BioMed Central’s journals are open access immediately upon publication, and in most BioMed Central journals all articles, including other article types such as Reviews and Commentaries, are immediately open access and available under the Creative Commons Attribution license. A small number of journals have additional subscription-based content. While all research articles as well as other articles are open access in these journals, they also have value-added content such as specially commissioned reviews and commentaries that are initially only available to subscribers. For this additional subscription content the conditions outlined below apply. Please note that this copyright and licensing agreement was amended in February 2014.
The licensing agreement is available below. Please print out and sign a copy of the full legal copyright agreement and return it to the editorial team who are dealing with your article.
Brief summary of the copyright and license agreement for articles that are not immediately open access:
- Author(s) retain the copyright to the Article.
- Author(s) grant BioMed Central an exclusive license to publish and distribute the Article for an initial journal-dependent subscription period after online publication of the Article in the Journal.
- Author(s) agree to BioMed Central making the Article available under the Creative Commons Attribution license 4.0 and any data contained in the Article under the Creative Commons Public Domain Dedication waiver after expiry of the initial subscription period, or earlier at BioMed Central’s discretion.
Full copyright and license agreement for articles that are not immediately open access:
In submitting an Article that is not immediately open access Author(s) certify that:
- they are authorized by their co-authors, if any, to enter into these arrangements.
- they warrant, on behalf of themselves and any co-authors, that:
- the Article is original, has not been formally published in any other peer-reviewed journal, is not under consideration by any other journal and does not infringe any existing copyright or any other third party rights;
- permissions for any third-party material, including but not limited to tables, figures, images, works of art and photographs, has been obtained;
- they are the sole author(s) of the Article and have full authority to enter into this agreement and in granting rights to BioMed Central they are not in breach of any other obligation. If the law requires that the Article be published in the public domain, they will notify BioMed Central at the time of submitting the Article;
- the Article contains nothing that is unlawful, libellous, or which would, if published, constitute a breach of contract or of confidence or of commitment given to secrecy;
- they have taken due care to ensure the integrity of the Article. To their - and currently accepted scientific - knowledge all statements contained in it purporting to be facts are true and any formula or instruction contained in the Article will not, if followed accurately, cause any injury, illness or damage to the user.
- They and any co-authors retain ownership of the copyright in the Article.
- Subject to paragraph 5 below they grant, on behalf of themselves and any co-authors, to BioMed Central Limited ("BioMed Central") for the duration of a journal-dependent subscription period the worldwide exclusive right to:
- publish, reproduce, distribute, display and store the Article including without limitation any text, artwork, images, tables and photographs contained therein, in whole or in part, in all forms, formats and media whether now known or yet to be developed, including print, digital and electronic form and as transparencies;
- to translate the Article into other languages, create summaries, extracts or adaptations of the Article or other derivatives of the Article and exercise all of the rights in (a) above in such summaries, extracts, adaptations or derivative works; and
- to license others to do any or all of the above.
- During the initial journal-dependent subscription period , the Author(s) retain the following non-exclusive rights:
- to reproduce the Article, in its official final form, in whole or in part in any printed volume (book or thesis) of which they are the author(s).
- to reproduce the Article, in its official final form, for the purpose of course teaching at any academic institution where they work at the time.
- to post a copy of the Article, in its official final form, on their own personal webpage, but not on an institutional website, at any time after its online publication in the Journal. When exercising this right, they agree to include a hyperlink from the Article to the Journal's web site.
- to deposit a copy of the Article, in its official final form, in an institutional or any other repository, at any time after its online publication in the Journal, provided an embargo period is set to ensure that no more than the Article’s metadata and/or abstract are available from the repository before expiry of the initial journal-dependent subscription period after online publication of the Article in the Journal.
- to reuse figures or tables created by them and contained in the Article in other works created by them.
- They grant, on behalf of themselves and any co-authors, to BioMed Central the right to make the Article available under the Creative Commons Attribution license, and any data contained in the Article under the Creative Commons Public Domain Dedication waiver, after expiry of the initial journal-dependent subscription period after online publication of the Article in the Journal, or earlier at BioMed Central’s discretion. BioMed Central currently uses the Creative Commons Attribution 4.0 Generic License (http://creativecommons.org/licenses/by/4.0) and the Creative Commons CC0 1.0 Public Domain Dedication waiver (http://creativecommons.org/publicdomain/zero/1.0/). The license and waiver can be requested from BioMed Central by the authors at any time.
- This Copyright Licensing Agreement shall be governed by the laws of England.
However, when exercising any such rights they agree to acknowledge and reference the original publication in the Journal.
Authors requiring that the Article be published in the public domain may contact BioMed Central for further information at firstname.lastname@example.org.
Title of article: ............................................................
Author’s signature: ............................................................