Copyright Transfer and Supplemental Material License Agreement 2017

Copyright Transfer and Supplemental Material License Agreement

In consideration of publication of the article (the "Work"), the American Society for Microbiology ("ASM") requires that the Author transfer the copyright in the Work (including the text, figures, tables, artwork, abstracts, cover art, and errata) to ASM and license to ASM certain non-exclusive rights in the Supplemental Material. This permits ASM to publish the Work and facilitates broader exposure for the Work, given ASM's publishing expertise.

I. Copyright Transfer and Representations

Publisher's Agreement To Publish
ASM agrees to publish the above-referenced Work in consideration for this transfer to ASM of all copyright rights in and to the Work, subject to the provisions of this agreement. It is understood that the Author will receive no royalty or other monetary compensation. In the event that ASM decides not to publish the Work, this agreement shall be terminated and all rights revert to the Author.

Author's Agreement and Representations
The Author hereby assigns to ASM all right, title, and interest under the Copyright Laws of the United States and all foreign countries in and to the above-referenced Work, for the duration of all terms of copyright and any renewals or extensions thereof. This assignment includes all derivative, republication, translation, electronic publishing and subsidiary rights of any nature, whether now known or hereafter developed. The Author reserves all proprietary rights other than copyright, such as patent or trademark rights, if any. If the Work was created within the scope of Author's employment and an Author's employer owns the copyright, this copyright transfer agreement must be signed by the Author and an authorized representative of the employer. If Crown copyright is claimed because Author is an employee of the Australian, Canadian, or UK Government, then the text at the bottom of section one applies.

The Author submitting this form represents and warrants the following: a) the Work is original and the Work (including data) has not been previously published in print or online, e.g., in a journal, book, conference report, symposium proceedings, or company white paper; b) the Work will not contain matter that is libelous or injurious or in violation of any right of privacy or any copyright, patent, or other proprietary rights of any third party; c) to the extent any third party materials not in the public domain have been used, the Author has secured written permission from the copyright owner(s) to use those materials; d) the Work is not currently under consideration for publication elsewhere; e) the Author signing below has the full power and authority to enter this agreement on Author's own behalf and on behalf of any and all coauthors, and that he or she is a joint author of the Work or has been authorized by the copyright owner to enter into this agreement; and f) that all persons listed as Authors are aware of the submission to ASM and have approved the submission of the Work, including all research presented therein, for publication by ASM.

If accepted for publication, Author agrees not to submit the Work elsewhere.

The Author agrees to indemnify, defend, and hold harmless ASM, its officers, members, affiliates, successors, and assigns, for any and all costs which arise out of any claim against ASM regarding any third party rights that ASM is alleged to violate if such alleged violation resulted from ASM's use of the Work or a breach by the Author of any representation or warranty contained in this agreement.

Rights Retained by the Author
ASM grants the Author and the employer for whom the Work was created (if applicable) a royalty-free, non-exclusive limited license to: a) post the Work (after publication by ASM) on the Author's personal or university-hosted website, provided that proper credit is given to the original ASM publication, but not on any corporate, government, or similar website without ASM's prior written permission; and b) republish discrete portions of this Work in any other publication (including print, CD-ROM, and other electronic formats) of which he or she is author or editor, provided that proper credit is given to the original ASM publication. Otherwise, neither the entire Work, nor significant portions thereof, may be republished in print, electronic, or other form, without ASM's prior written permission. For purposes of website posting, "proper credit" means either the copyright lines shown on the first page of the PDF version or, for the HTML version, a citation such as "Copyright © American Society for Microbiology, J. Clin. Microbiol. 54:1956-1963, 2016" or "Copyright © American Society for Microbiology, Antimicrob. Agents Chemother. 61: e00949-16 doi: 10.1128/AAC.00949-16, 2017."

Special Notice Related to COVID-19 Global Pandemic
Coronavirus-related publications will be made available via the PMC Open Access Subset for unrestricted noncommercial re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.

Special Notice for U.S. Government Employees and Contractors
ASM understands that works authored solely by U.S. Government employees within the scope of their employment are not subject to U.S. copyright, and the transfer provision of this agreement only applies to any foreign copyright protection that may attach to the Work. If the Work was written pursuant to a U.S. Government contract under which the U.S. Government has publication rights, then the above transfer is made subject to those contract rights. All other provisions of this agreement apply to U.S. Government employees and contractors.

Special Notice for Grantee Authors
ASM allows National Institutes of Health (NIH) grantee and intramural Authors to provide a copy of the accepted manuscript to PubMed Central (PMC) for posting in the PMC Public Access Repository.

ASM also allows Authors whose work was supported by similar funding agencies that have public access requirements like that of NIH (e.g., the Wellcome Trust) to post their accepted manuscripts in publicly accessible electronic repositories maintained by those funding agencies. If a funding agency does not itself maintain such a site, then the Author may fulfill that requirement by depositing the manuscript in an appropriate institutional or subject-based open repository established by a government or noncommercial entity.

Since ASM makes the final, typeset articles from its primary-research journals available free of charge on the ASM Journals and PMC websites 6 months after final publication, ASM recommends that when submitting the accepted manuscript to PMC or a similar public access site, the Author specify that the posting release date for the manuscript be no earlier than 6 months after the final publication of the typeset article by ASM.

The Work is subject to Crown Copyright. Copyright is owned by the Crown rather than the Author if the Work was created during the course of Author’s employment with the Australian, Canadian, or UK Government.

II. SUPPLEMENTAL MATERIAL LICENSE AGREEMENT

Author's License and Representations
Author hereby grants ASM a non-exclusive, world-wide license to publish the Supplemental Material submitted in connection with the publication of the Work by ASM, electronically or in any other format or medium, in whole or in part, alone or as part of a collective or derivative work, and to authorize others to do the same.

Author represents and warrants that: 1) Author is the creator of, and sole owner of the copyright in, the Supplemental Material; or 2) Author is the co-creator of, and co-owner of the copyright in, the Supplemental Material and is authorized to enter into this agreement; or 3) Author is otherwise authorized to use the Supplemental Material and to grant the rights conveyed in this agreement. Author will provide to ASM signed, written permission, signed by the copyright owner(s), for any Supplemental Material whose copyright is not owned by Author. Author further represents and warrants that none of the Supplemental Material has been, or will be, published in print or online prior to ASM's publication of the Article and that use and publication of the Supplemental Material will not infringe or violate any third party's patent, copyright, trademark, privacy, or other rights, nor will it cause physical injury or damage or endanger the safety or security of any reader or other person or entity. Author agrees to indemnify and hold ASM harmless from any damages, claims, liability, or costs (including attorney's fees) caused by any violation of these representations and warranties.

Version 2
10.1128/ASMCopyrightv2

LAST UPDATED: April 2020 COVID-19 Special Notice
Previous Update: June 2017