You can check Sherpa Romeo , a database that tracks the open access policies of most major journals, to see if you are in fact required by your publisher to obtain a waiver.
The two italicized paragraphs may be included at the author’s discretion.
SAMPLE ADDENDUM TO PUBLICATION AGREEMENT
- This Addendum modifies and supplements the attached publication agreement (the “Publication Agreement”) concerning the article titled ______________ (including any supplementary materials, the “Work”) in ______________.
- The parties to the Publication Agreement as modified and supplemented by this Addendum are: ______________ (corresponding author) and any other authors listed on the Work (individually or, if more than one author, collectively, “Author”) and ______________ (“Publisher”).
- The parties agree that wherever there is any conflict between this Addendum and the Publication Agreement, the provisions of this Addendum will control and the Publication Agreement will be construed accordingly.
- Notwithstanding any terms in the Publication Agreement to the contrary, Author and Publisher agree as follows:
All of the terms and conditions of the Publication Agreement, including but not limited to all grants, agreements, representations and warranties, are subject to and qualified by a non-exclusive license previously granted by Author to Middlebury College. Under that license, Middlebury may make the Work available and may exercise all rights under copyright relating to the Work, and may authorize others to do the same, provided that the Work is not sold for a profit. In the exercise of that license, Middlebury may use the Author’s final manuscript of the Work (including all modifications from the peer review process), but will not use a facsimile of the final published version of the Work unless Publisher permits use of that version. When Middlebury makes the Work available in an on-line repository under that license, Middlebury will cite to Publisher’s definitive version of the Work, and will link to Publisher’s version if it is available on-line.
In addition to any rights retained by or granted to Author in the Publication Agreement, Author retains the non-exclusive right to make the Work available and to exercise all rights under copyright relating to the Work, in any medium, in connection with Author’s teaching, conference presentations, lectures, other works of authorship, and professional activities, and to authorize others to do the same.
Where applicable, all of the terms and conditions of the Publication Agreement, including but not limited to all grants, agreements, representations and warranties, are subject to and qualified by non-exclusive rights previously granted, or required to be granted, by Author to a funding entity that financially supported the research reflected in the Work as part of an agreement between Author or Author’s employing institution and such funding entity, such as an agency of the United States government, and/or to Author’s employing institution.
Publisher agrees to provide to Author within 14 days of first publication and at no charge an electronic copy of the published Work in a format, such as the Portable Document Format (.pdf), that preserves final page layout, formatting and content of the final published version. No technical restriction, such as security settings, will be imposed to prevent copying or printing of that copy. The Publisher permits a copy of the final published version to be used in the exercise of the rights and licenses referred to in the paragraphs above.
Nothing in the Publication Agreement will impose any limitation on the rights and licenses referred to in the paragraphs above or any obligation in connection with their exercise. Neither the existence nor the exercise of those rights and licenses will be deemed to violate any representation or warranty or to breach the Publication Agreement.
- Either publication of the Work or Publisher’s signature below will constitute Publisher’s acceptance of and agreement to this Addendum.
(corresponding author on behalf of all authors)