Common use of OPEN ACCESS TERMS Clause in Contracts

OPEN ACCESS TERMS. (PUBLISHING TERMS) 1. ACM grants to all Affiliated Corresponding Authors the ability to publish their accepted Eligible Articles with ACM on an Open Access basis with no fee charged to them as from the initial publication date of their article in the ACM Digital Library in perpetuity. The Publisher will not charge Affiliated Authors, or Maynooth University or the Members' service fees for articles published under this Agreement. 2. Eligible Articles by Affiliated Corresponding Authors shall be eligible for open access publication under these terms if they are published on or after the Agreement Effective Date or accepted for publication prior to the Agreement's Termination Date. 3. ACM shall provide all Affiliated Corresponding Authors with the option to select one of the three rights assignment options of their choice; the traditional ACM Copyright transfers where ACM holds the rights to the paper; or the ACM License option where all individual co-authors of the published article to retain the copyright to their article and provide ACM with an exclusive license to publish their article; or the ACM Permission Release option which provides ACM with a non-exclusive license to publish their article, and allows the authors to make their published article shareable via the use of a Creative Commons license, with CC-BY as the default option. The Affiliated Corresponding Author shall determine which of the above options best meets the authors' rights-related needs. ACM shall provide all Affiliated Corresponding Authors with the option to retain the copyright in their articles, including on behalf of all co-authors. 4. If a corresponding author is not identified as an Eligible Author due to error/omission of the Publisher, a Member or the author, and an article is accepted for publication during the Term and published subscription (i.e. not open access), the Publisher agrees to convert the article to open access in conformity with this Agreement, with the consent of both the author and the Member. This may be achieved by either: a) following a request from an Eligible Author to have their converted, or b) following receipt of an annual report (as per Schedule 7), the Members will identify Eligible Articles which have not been published open access, and where the Eligible Author has not already explicitly declined an invitation to publish open access under the Agreement. The Members will verify the author's eligibility. The Consortium will then forward details of articles they wish to be converted to the publisher, who will invite the author to apply an open access license to their article. Within eight weeks after the receipt of such a request, the Publisher will respond to the Consortium with an updated report detailing which articles have been converted to open access following the invitation, and articles where the author has declined or failed to respond to the invitation. 5. ACM shall deposit copies, on a going forward basis for the term of this Agreement, of all Eligible Articles authored by Affiliated Authors, with associated metadata, into the University's open repository for open dissemination. Such deposits shall include all Affiliated-Authored Eligible Articles, even if the author is not the Corresponding Author. When the article has been published on an open access basis, the deposit shall be of the final published version; when the article has been published on a subscription basis, the deposit shall be of the final accepted manuscript.

OPEN ACCESS TERMS. (PUBLISHING TERMS) 1. ACM grants to all Affiliated Corresponding Authors the ability to publish their accepted Eligible Articles with ACM on an Open Access basis with no fee charged to them as from the initial publication date of their article in the ACM Digital Library in perpetuity. The Publisher will not charge Affiliated Authors, or Maynooth University or There is no limit in the Members' service fees for number of articles published that subscribing institutions may publish under this Agreementagreement. 2. Eligible Articles by Affiliated Corresponding Authors shall be eligible for open access publication under these terms if they are published on or after the Agreement Effective Date or accepted for publication prior to the Agreement's ’s Termination Date. 3. ACM shall provide all Affiliated Corresponding Authors with the option to select one of the three two rights assignment options of their choice; the traditional ACM Copyright transfers where ACM holds the rights to the paper; or : the ACM License option where all individual co-authors of the published article to retain the copyright to their article and provide ACM with an exclusive license to publish their article; , or the ACM Institutionally Paid Open Access/Permission Release option which provides ACM with a non-exclusive license to publish their article, article and which allows the authors to make their published article shareable via the use of a Creative Commons license, license with CC-BY as the default option. The Affiliated Corresponding Author shall determine which of the above options best meets the authors' ’ rights-related needs. ACM shall provide all Affiliated Corresponding Authors with the option to retain the copyright in their articles, including on behalf of all co-authors. 4. If a corresponding author is not identified as an Eligible Author due to error/omission of the Publisher, a Member or the author, and an article is accepted for publication during the Term and published subscription (i.e. not open access), the Publisher agrees to convert the article to open access in conformity with this Agreement, with the consent of both the author and the Member. This may be achieved by either: a) following a request from an Eligible Author to have their converted, or b) following receipt of an annual report (as per Schedule 7), the Members will identify Eligible Articles which have not been published open access, and where the Eligible Author has not already explicitly declined an invitation to publish open access under the Agreement. The Members will verify the author's eligibility. The Consortium will then forward details of articles they wish to be converted to the publisher, who will invite the author to apply an open access license to their article. Within eight weeks after the receipt of such a request, the Publisher will respond to the Consortium with an updated report detailing which articles have been converted to open access following the invitation, and articles where the author has declined or failed to respond to the invitation. 5. ACM shall deposit copies, on a going going-forward basis for the term of this Agreement, of all Eligible Articles authored by Affiliated Authors, with associated metadata, into the University's Institution’s open repository for open dissemination. Such deposits shall include all Affiliated-Authored Eligible Articles, even if the author is not the Corresponding Author. When the article has been published on an open access basis, the deposit shall be of the final published version; when the article has been published on a subscription basis, the deposit shall be of the final accepted manuscript.