Overpublishing Clause Samples
The Overpublishing clause defines the rules and consequences when a publisher distributes more copies of a work than permitted by the agreement. Typically, this clause sets a maximum number of copies or impressions allowed and outlines remedies if the publisher exceeds this limit, such as additional payments to the author or withdrawal of rights. Its core function is to protect the author's interests by preventing unauthorized or excessive distribution, ensuring that the agreed-upon terms regarding publication volume are respected.
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Overpublishing. 5.1. If the Total Maximum number of articles of 4.145 articles is used up by all Members of the Consortium after 30 April 2021, publishing can continue in accordance with the Product Terms of this Agreement until the expiration of the Term based on the 2,335/eligible article on an article by article basis, whereas Licensor agrees that the maximum total amount to be paid shall not exceed EUR 60.000 excl. local VAT. Universität Wien, Bibliotheks- und Archivwesen shall be the sole debtor of such additional overpublishing fee. A respective agreement is concluded with the Universität Wien, Bibliotheks- und Archivwesen.
5.2. Parties agree that if the Total Maximum number of articles of 4.145 articles is used up by all Members of the Consortium before 1st May 2021, Licensor will not accept any more eligible articles for Open Access Publishing under this Agreement until 1st May 2021 but provide authors with the option to publish Open Access on the basis of an agreed APC of 2,335 (to be paid by the author itself) or to publish subscription based. From 1st May 2021 the rules under Section 5.1 above shall apply.
Overpublishing. Licensees may publish additional Eligible Articles at no extra cost up to the top of the corridor, i.e. the number indicated as Article Max in the table above. For each article published above the Article Max, the provisions of clause 3.1.4 of the Product Terms will apply. In such case, the APC will be based on standard list price APC for the respective journal (and which for the avoidance of doubt is not the APC set forth in Schedule 2 to these Product Terms) and the additional APCs will then be invoiced to the corresponding Licensee or the Eligible Author separately, as set forth in clause 3.1.4 of the Product Terms.