UNIVERSITY OF CALIFORNIA BERKELEY DAVIS IRVINE LOS ANGELES MERCED RIVERSIDE SAN DIEGO SAN FRANCISCO SANTA BARBARA SANTA CRUZ OFFICE OF THE PRESIDENT 415 20 th Street California Digital Library Oakland, California 94612 CDL Digital Assets Submission Agreement for escholarship Academic Units As part of joining escholarship, please complete and print out two copies of this Agreement, sign and date both copies, and return them by mail to: California Digital Library University of California Office of the President 415 20th Street Oakland, CA 94612 Attn: Katrina Romanowsky We cannot create your escholarship site until we receive two copies of the signed Agreement. CDL will countersign both originals and mail one copy back to you for your records. Depositing Academic Unit's Name: Address: Name of Contact Person: Title: Email address: Telephone Number: page 1 of 9
1. Introduction The digital assets described in this Agreement will be deposited with the California Digital Library (CDL) for archiving and distribution for non-commercial purposes, including teaching, research, and private study. This Agreement does not request or require transfer of copyright to the CDL, a co-library of the University of California. 2. Definitions Agreement this document, including all of its terms and conditions and any completed Submission Inventory Commercial purposes use for purposes that generate a profit, either directly or indirectly "Contact person" person/s completing this form Depositor person/s responsible for selecting scholarly content for inclusion in the escholarship site for an academic unit and/or journal. Digital assets a collection of computer files that contain digital content (images, texts, sounds, video) and/or data descriptive of the content and its digital format. Educational purposes use for purposes related to teaching, research and private study that does not generate a profit Federate to virtually bring together digital assets in such a way as to allow transparent searching as if they were a single database Academic Unit s Authorized Representative person with signatory authority to establish a site within escholarship and authorize the inclusion of scholarly content therein. Local Administrator person/s responsible for the submission of scholarly content to an escholarship site; a single person can function as both the System Administrator and the Depositor. Non-commercial purposes use for purposes that do not generate a profit, either directly or indirectly Submission Inventory Appendix 1 of this document, which describes submission content and which along with this document and Appendix 2 escholarship Policies constitutes the Agreement 3. License 3.1 The Depositor grants the California Digital Library, on behalf of The Regents of the University of California, a non-exclusive, perpetual right to use the digital assets for noncommercial use. Such page 2 of 9
right shall include, but not be limited to, the right to: 3.1.1 electronically view and display the digital assets, including display in classrooms; 3.1.2 distribute the digital assets in a variety of media formats; 3.1.3 federate and incorporate the digital assets into databases containing other digital assets; 3.1.4 electronically store, archive, copy, or convert the digital assets for preservation purposes and to ensure future accessibility; and 3.1.5 enrich the digital assets to enhance the CDL s service capacity. 4. Depositor s obligations 4.1 The Depositor hereby warrants that: 4.1.1 the Depositor has obtained the necessary copyright assurances from creator; 4.1.2 Depositor will notify the CDL within 30 days if rights to a deposited digital asset are reassigned. 4.2 The Depositor shall indemnify, defend, and hold harmless the University of California, its officers, employees and agents for any damages, including any reasonable attorney s fees, that arise from any breach of warranty or for any claim by any third party of an alleged infringement of copyright or other intellectual property rights arising from the Depositor s submission of materials with CDL or of the use by the University of California or other users of such materials. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5. California Digital Library s obligations and rights 5.1 The CDL shall: 5.1.1 make reasonable efforts to manage the digital assets in perpetuity, developing them as appropriate to make them available for non-commercial use; 5.1.2 make reasonable efforts to comply with and inform end users of known copyright and user restrictions pertinent to the Depositor's digital assets; 5.1.3 cooperate with Depositor to ensure that digital assets are replaced or removed as needed to comply with claims related to the digital asset s copyright and user restrictions; 5.1.4 obtain express written permission from the Depositor or copyright owner to use the digital assets for any commercial purpose; page 3 of 9
5.1.5 not pay royalties to the Depositor or copyright owner for the acceptance and use of its digital assets for non-commercial purposes. 5.2 The CDL may assume custodial responsibility for previously accepted digital assets "orphaned" by the dissolution of the Depositor and not formally assigned to the custody of another agency. 5.3 Although due care will be made to preserve the physical integrity of the digital assets, the CDL shall incur no liability for the loss of or damage to deposited digital assets. Academic Unit s Authorized Representative Name of Academic Unit's Authorized Representative (e.g. Chairperson, Director, etc.): Title: Signature: Date: California Digital Library, on behalf of the Regents of the University of California Name: Title: Signature: Date: page 4 of 9
Appendix 1 - CDL Digital Assets Submission Inventory escholarship Information about Contributors *Name of Academic Unit: Website URL: *Full mailing address: *Local Administrator name: *Local Administrator phone: Local Administrator fax: *Local Administrator email: *Authorized Representative (e.g. Director, Chariperson, etc.) name: *Authorized Representative phone: *Authorized Representative email: * indicates field is required Should any of the above information change, you must notify escholarship staff within 14 days by writing to help@escholarship.org page 5 of 9
Submission Policies Appendix 2 - escholarship Policies Current as of 9/13/2012. Up-to-date policy information can be found at: http://escholarship.org/publish_submissions.html Any department, center, publishing program, individual faculty member, or student associated with the University of California may publish content in escholarship. Publications included in escholarship are often the original work of UC faculty or students. However, escholarship also publishes materials that have been edited or sponsored by University of California affiliated departments, centers, publishing programs, individual faculty members or students. For example, an escholarship journal edited by a UC faculty member or sponsored by a UC department may publish articles written by scholars outside the UC system. Similarly, a UC research unit may publish the proceedings from a hosted conference, regardless of the institutional affiliation of conference attendees. All work must be submitted in digital format (as a PDF or in Microsoft, WordPerfect, or RTF format) and the author must grant escholarship the right to preserve and disseminate the work. Publication Types escholarship supports the open access publication of original journals, monographs, working papers ("preprints"), and conference proceedings, as well as the dissemination of previously published material ("postprints"). In addition to PDFs, escholarship can support the display of a wide variety of formats for associated materials, including images, data sets, presentations, executable files, downloadable audio/video, and streaming media. escholarship is a full-text publishing platform and does not publish bibliographic citations or abstracts without their associated works. Copyright Policies The copyright for any work published or disseminated by escholarship is retained by the author(s). By submitting a work to escholarship for publication, the author, editor, or publishing unit administrator warrants that he or she holds the copyright to the work or has been authorized by the copyright holder to grant license to the work. Multiple Authors Many of the postprints and working papers submitted to escholarship are written by multiple authors. In such cases, at least one author must be associated with the University of California. This UC-affiliated author is responsible for obtaining explicit permission for open-access publishing from all co-authors. Legal Agreements page 6 of 9
All University of California departments, centers, and publishing programs with a presence in escholarship must sign an agreement that establishes their right to upload content to escholarship for the purposes of archiving and non-commercial distribution. escholarship strongly suggests that journal editors and paper/seminar series administrators create non-exclusive copyright agreements with the authors whose work they intend to publish. A sample agreement follows. Peer Review escholarship supports both peer-reviewed and non-peer-reviewed journals, paper series, monographs, and conference proceedings. Manuscripts designated in escholarship as peer-reviewed have been accepted for publication and include all revisions and modifications resulting from a peer review process. Standards and processes of peer review vary across the many disciplines represented in escholarship. For the purposes of accommodating the broadest spectrum of disciplines and taking into account evolving publishing practices, the designation of a peer-reviewed work within escholarship indicates that: 1. The manuscript published or disseminated by escholarship is the version that had been accepted for publication after a peer review process and; 2. The peer-review process of the publication is transparent and a statement outlining these policies is readily available for readers to inspect and; 3. The publication's policies include an editorial process which encompasses at least single-blind peer review by one or more specialists in a relevant field selected by an editor or editorial board. For purposes of clarity, peer reviewed publications within escholarship are designated as such with a peer-review icon. Appropriate Content Content is suitable for inclusion in escholarship if: All applicable policies are followed (e.g., submissions, copyright, publication types, etc.) and; The content is of a scholarly nature and deemed appropriate by the sponsoring unit or some other vetting process and; The content conforms to the existing format types supported by the platform. Removing Work In general, escholarship does not support the removal of publications once posted. We feel it is important to provide perpetual access to materials published within escholarship whenever possible and appropriate. However, we will remove publications under special circumstances, including submission errors, rights violations, or inappropriate content (see above). Please be aware, however, page 7 of 9
that even after the removal of a text, a citation to the paper will remain along with a URL. If you would like your work removed from escholarship, please contact us. Revising Work escholarship is currently developing solutions to address users' need to occassionally update their work or post subsequent versions of a manuscript. For assistance with revision or subsequent version posting, contact us at help@escholarship.org. Access to escholarship escholarship is an open access publisher. All digital material published or disseminated by escholarship is available worldwide, free of cost, to researchers and the general public. The University of California provides this open access publishing service to its academic community, through the escholarship program, as a means of increasing the reach and visibility of the scholarly work produced by UC faculty, students, and researchers. Persistent Access and Long-term Preservation The CDL Access & Publishing Group is dedicated to ensuring persistent access to and long-term preservation of the scholarly work published within escholarship. page 8 of 9
Suggested Language for Author Agreement (Note: It is up to each unit to obtain agreements from its authors ensuring that the unit has the right to publish their works in escholarship. The language below mirrors that used for individuals uploading their own content to escholarship, and units should use language that is identical or substantially similar.) I grant the California Digital Library on behalf of The Regents of the University of California the non-exclusive rights to reproduce, publicly display and publish certain content (the "Work") for the purposes of making the Work available for escholarship in any format in perpetuity. I warrant as follows: (a) that I have the full power and authority to make this agreement; (b) that the Work does not infringe any copyrights or trademarks, nor violate any proprietary rights, nor contain any libelous matter, nor invade the privacy of any person or third party; and (c) that I have sufficient copyright ownership in the Work and/or permission to grant the rights in this agreement. I understand that once the Work is deposited in escholarship, a full bibliographic citation to the Work will remain visible in perpetuity, even if the Work is updated or removed. For authors who are not employees of the University of California, add the following: The Author agrees to hold The Regents of the University of California, the California Digital Library, the Journal, and its agents harmless for any losses, claims, damages, awards, penalties, or injuries incurred, including any reasonable attorney's fees that arise from any breach of warranty or for any claim by any third party of an alleged infringement of copyright or any other intellectual property rights arising from the Depositor s submission of materials with the California Digital Library or of the use by the University of California or other users of such materials.. page 9 of 9