138 · Representative Documents: Author Addenda
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Amendment to Publication Agreement
http://libraries.mit.edu/scholarly/files/2010/10/mit-amendment-oa-policy-2009-new-font.pdf
MIT amendment to publication agreement draft rev 1/2909
AMENDMENT TO PUBLICATION AGREEMENT
1. This Amendment hereby modifies the attached Publication Agreement concerning the following
Article:
_______________________________________________________________________________
(manuscript title)
_______________________________________________________________________________
(journal name)
2. The parties to the Publication Agreement and to this Amendment are:
________________________________________________(the “Author”) and
________________________________________________(the “Publisher”).
3. The parties agree that wherever there is any conflict between this Amendment and the Publication
Agreement, the provisions of this Amendment are paramount and the Publication Agreement shall
be construed accordingly.
4. All terms and conditions of the Publication Agreement, including but not limited to all transfers,
licenses, grants, agreements, representations, and warranties, are subject to and qualified by an
irrevocable, non-exclusive license previously granted by the Author to the Massachusetts Institute
of Technology (“MIT”). Under that license, MIT may make the Article available, and may exercise
any and all rights under copyright relating thereto, in any medium, provided that the Article is not
sold for a profit, and may authorize others to do the same. Neither the existence of the license to
MIT nor MIT’s exercise of rights under that license will be deemed to violate any representation or
warranty by the Author to the Publisher or to breach the Publication Agreement.
5. Notwithstanding any terms in the Publication Agreement to the contrary and in addition to the rights
retained by the Author or licensed by the Publisher to the Author in the Publication Agreement and
any fair use rights of the Author, the Author and the Publisher agree that the Author shall also retain
the following rights:
a. To provide, or to allow the Author’s employing institution to provide, an electronic version of the
final manuscript of the Article, including all modifications from the peer review process and all
graphics and supplemental materials associated with the manuscript (hereinafter the “peer-
reviewed manuscript”), to the National Library of Medicine’s PubMed Central database (“PMC”)
at the time the Article is accepted for publication.
b. To authorize, or to allow the Author’s employing institution to authorize, the National Institutes of
Health (“NIH”) to make a copy of the peer-reviewed manuscript of the Article available for public
access in PMC, in any medium chosen by NIH, no later than 12 months after the official date of
publication.
c. To take any additional steps reasonably necessary to comply with NIH’s Revised Policy on
Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research
(http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html).
d. To use, reproduce, distribute, create derivative works including update, perform, and display
publicly, the Article in electronic, digital, or print form in connection with the Author’s teaching,
conference presentations, lectures, other scholarly works, and for all of Author’s academic and
professional activities.
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Amendment to Publication Agreement
http://libraries.mit.edu/scholarly/files/2010/10/mit-amendment-oa-policy-2009-new-font.pdf
MIT amendment to publication agreement draft rev 1/2909
AMENDMENT TO PUBLICATION AGREEMENT
1. This Amendment hereby modifies the attached Publication Agreement concerning the following
Article:
_______________________________________________________________________________
(manuscript title)
_______________________________________________________________________________
(journal name)
2. The parties to the Publication Agreement and to this Amendment are:
________________________________________________(the “Author”) and
________________________________________________(the “Publisher”).
3. The parties agree that wherever there is any conflict between this Amendment and the Publication
Agreement, the provisions of this Amendment are paramount and the Publication Agreement shall
be construed accordingly.
4. All terms and conditions of the Publication Agreement, including but not limited to all transfers,
licenses, grants, agreements, representations, and warranties, are subject to and qualified by an
irrevocable, non-exclusive license previously granted by the Author to the Massachusetts Institute
of Technology (“MIT”). Under that license, MIT may make the Article available, and may exercise
any and all rights under copyright relating thereto, in any medium, provided that the Article is not
sold for a profit, and may authorize others to do the same. Neither the existence of the license to
MIT nor MIT’s exercise of rights under that license will be deemed to violate any representation or
warranty by the Author to the Publisher or to breach the Publication Agreement.
5. Notwithstanding any terms in the Publication Agreement to the contrary and in addition to the rights
retained by the Author or licensed by the Publisher to the Author in the Publication Agreement and
any fair use rights of the Author, the Author and the Publisher agree that the Author shall also retain
the following rights:
a. To provide, or to allow the Author’s employing institution to provide, an electronic version of the
final manuscript of the Article, including all modifications from the peer review process and all
graphics and supplemental materials associated with the manuscript (hereinafter the “peer-
reviewed manuscript”), to the National Library of Medicine’s PubMed Central database (“PMC”)
at the time the Article is accepted for publication.
b. To authorize, or to allow the Author’s employing institution to authorize, the National Institutes of
Health (“NIH”) to make a copy of the peer-reviewed manuscript of the Article available for public
access in PMC, in any medium chosen by NIH, no later than 12 months after the official date of
publication.
c. To take any additional steps reasonably necessary to comply with NIH’s Revised Policy on
Enhancing Public Access to Archived Publications Resulting from NIH-Funded Research
(http://grants.nih.gov/grants/guide/notice-files/NOT-OD-08-033.html).
d. To use, reproduce, distribute, create derivative works including update, perform, and display
publicly, the Article in electronic, digital, or print form in connection with the Author’s teaching,
conference presentations, lectures, other scholarly works, and for all of Author’s academic and
professional activities.
