Scholarly works especially when such works are financed by public resources must be made available and accessible as widely and soon as possible by depositing such works in a publicly accessible institutional and/or disciplinary repository.
The publishing agreement which sets the terms and conditions under which a scholarly work is published in a journal which is not an open access journal not always allows depositing the work in such publicly accessible institutional and/or disciplinary repositories.
Maintaining the balance between maximum access and financial compensation for the traditional publisher new terms and conditions for publication must be set. A carefully stated licence which sets the desired terms and conditions is preferred to the practice of ad hoc amending a publishing agreement drafted by the publisher.
Regarding publishing an article in a traditional journal an author should take the following principles into consideration:
A model Licence to publish based on this principles is drafted and can be either used as it is or adapted to specific needs or legal system.
- the copyright of the scholarly work remains with the author, i.e. publishing while retaining your rights;
- the author grants the publisher a sole licence to reproduce and communicate the scholarly work and certain other rights needed for publishing;
- the licence comes into effect immediately after the communication with the publisher of his willingness to publish the article;
- the author deposits the definitive version of the article in the form as it is published in the journal;
- depositing the article on a publicly accessible institutional and/or disciplinary repository is immediate after publication of the article in the journal;
- delayed open access is only possible for a maximum period of six months.