Template – Terms of Submission and authorization for SciELO Books to index, publish, distribute and commercialize the on-line digital books

Publisher [name of Publisher] participates in the development and operation of the SciELO Books Brazil collection of the SciELO Books network (“SciELO Books”) which is part of the SciELO program of the Fundação de Amparo à Pesquisa do Estado de São Paulo (Fapesp) and which has the objective and the activities of indexing, publishing, disseminating, distributing, sharing, and commercializing online collections of books of publishers affiliated with SciELO Books, according to the policies and procedures as defined by the Steering and Scientific Committees.

Publisher declares interest in having Publisher’s books distributed by the systems and services of SciELO Books and, under this term, declares full and unequivocal knowledge of the terms under which this activity will be realized, and expressly agrees with them.

Although the contract for copyright is strictly the responsibility of the Publisher, the Publisher authorizes SciELO Books to index, publish, operate on the Web via the SciELO Books Portal, distribute and negotiate with third parties the distribution and commercialization to the general public of books from Publisher’s catalog or those for which Publisher has the rights to publish and commercialize. Publisher’s authorization is given by the simple signing of these Terms of Submission and of the transfer of rights at the time of submission of the books to SciELO Books.

Publisher reserves the right to distribute books from Publisher’s catalog or for which Publisher has the rights to publish and commercialize through other channels.

The books submitted to SciELO Books will be made available to the public under two distinct access models: (i) Open Access; and (ii) sale of a license to use the books. The Publisher is responsible for choosing the access model for each book, and for informing SciELO Books of the access model chosen at the time of submission of the books. The Publisher shall also expressly authorize the release of portions of the content under the open access or for sale models.

The Publisher may change the access model under which the books are made available at any time and inform SciELO Books of the change within a minimum of 5 days prior to the change taking effect. The access model shall be changed in the systems and services of SciELO Books and will take effect from the date set by the Publisher, unless technical requirements, or difficulties justify a delay.

The Publisher commits to informing SciELO Books of any of the Publisher’s commercial books that are available under the Open Access model with other distributors and services.

All books available under the Open Access model are distributed under the Creative Commons Attribution-NonCommercial-ShareAlike Unported license (CC BY-NC-SA 3.0). The Publisher expressly authorizes the availability of the books under subsequent versions of the license as described at http://creativecommons.org/licenses/by-nc-sa/3.0/deed.

SciELO Books will negotiate and establish contracts with companies recognized in the market and specialized in providing distribution and commercialization services of books in digital format (Google Books, Kobo and others) to distribute Publisher’s books in Open Access and for sale direct to the public, using the companies’ platforms to expand access to the general public. SciELO Books will establish the commercial contracts through a representative designated by the Steering Committee on behalf of SciELO Books or by the Fundação de Apoio à Universidade Federal de São Paulo (FapUNIFESP).

SciELO Books will also establish the necessary agreements for the future distribution and commercialization of books in the institutional market, particularly in the university market.

The books will be commercialized with a price (Price List) set by the Publisher and provided to SciELO Books at the time of the submission of the books to SciELO Books.

Publishers affiliated with SciELO Books , and the Publisher in particular, agree to maintain the Price List only (?) to commercialize their books. In the case of a Publisher having different prices, the Price List to be used for the SciELO Books will always be the lowest price.

Publisher may change the Price List at any moment and communicate the changes to SciELO Books in no less than 5 (five) days of the changes taking effect. The prices will be changed in the platforms and services (sales channels??) to take effect on the date set by Publisher, unless technical requirements, or difficulties justify a delay.

The Publisher acknowledges that the companies that sell books directly to the consumer have standard business models and that the contracting of their services is made by mutual consent.

The platforms of the companies that will be used (Google Books, Kobo and others) operate under the Wholesale Model which is based on the Price List received by SciELO Books from the Publisher and subsequently forwarded to the companies.

SciELO Books and the Publisher will equally spilt (50% each) the net revenues received from the sale of books on these platforms. This split will be reviewed every 6 (six) months to assure the sustainability of SciELO Books.

The Publisher shall expressly authorize the availability of copies of Publisher’s books for library lending programs.

SciELO Books will send the Publisher a message via email with the submission report for Publisher’s books submitted to SciELO Books.

São Paulo, March ___ 2012

Agreed to by:

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<name of representative>

Publisher representative <name>

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