Key considerations for publishing contracts

Check whether your funding body has any open access requirements, such as a specific Creative Commons Licence.

Check whether it is possible for the author to retain copyright. Check which rights are granted to the publisher on an exclusive or non-exclusive basis. The publisher will need a (non-exclusive) licence in order to publish the work.The publisher will include this in the contract.

Consider retaining the following rights at the very least:

• Use of the work for educational purposes
• Reuse of images, figures and tables in future work

• Deposit of an open access version of the work in an institutional repository

Publishers may have a preference for certain licences when it comes to open access publications. Legally speaking, however, the decision rests with the copyright holder. It is important to be clear about who is responsible for managing the licence.

In the case of CC licences with restrictions, such as NC (non-commercial) or ND (no derivative works), some publishers take on the management of the licence. This means that the publisher decides, for example, on commercial republication or translations. In such cases, the author may wish to discuss this with the publisher, for example to retain control of the licence themselves, or at the very least to be consulted. Please consult the Guide to Creative Commons for Scholarly Publications and Educational Resources if necessary.

When publishing a book via open access, a publisher may charge a fee,  a Book Processing Charge (BPC) or open access publication fee. Check that there is transparency regarding the amount and calculation of these costs.

If applicable, check whether the agreement contains provisions regarding royalties.

Check how the publisher ensures that the book remains accessible in the long term, for example via OAPEN or CLOCKSS.

Ask which services the publisher offers, such as copy editing, distribution and marketing.