ACM copyright form

and auxiliary material release

INSTRUCTIONS ON COMPLETING THIS FORM

Title of Work (the "Work"): ____________________

Publication Name: ___________________________

Author/Presenter(s): _________________________

Auxiliary Materials (provide filenames and a description of auxiliary content, if any, for display in the ACM Digital Library. The description may be provided as a ReadMe file): _______________________________________________________
  __________________________________________________________

I. COPYRIGHT TRANSFER

Copyright to the Work and to any supplemental files integral to the Work which are submitted with it for review and publication such as an extended proof, a PowerPoint outline, or appendices that may exceed a printed page limit, (including without limitation, the right to publish the Work in whole or in part in any and all forms of media, now or hereafter known) is hereby transferred to the ACM (for Government work, to the extent transferable (see Part I.B) effective as of the date of this agreement, on the understanding that the work has been accepted for publication by ACM. 

Employer/Author(s) Retained Rights. Each of the Employer/Author(s) retains the following rights:

1. All other proprietary rights to the work such as patent;
2. The right to reuse any portion of the work, without fee, in future works of the Author's (or Author's Employer's) own, including books, lectures and presentations in all media, provided that the ACM citation, notice of the Copyright, and ACM DOI are included. (See Section 4 below.) Requests made on behalf of others, however (i.e. contributions to the work of other authors or other editors), usually requires payment of a fee;
3. The right to revise the work  (see  §2.4 Definitive Versions and Revisions);
4.  The right to post author-prepared versions of the work covered by ACM copyright in a personal collection on their own Home Page and on a publicly accessible server of their employer and in a repository legally mandated by the agency funding the research on which the Work is based. Such posting is limited to noncommercial access and personal use by others, and must include the following notice both embedded within the full text file and in the accompanying citation display as well, i.e.:
   
   "© ACM, (YEAR). This is the author's version of the work. It is posted here by permission of ACM for your personal use. Not for redistribution. The definitive version was published in PUBLICATION, {VOL#, ISS#, (DATE)} http://doi.acm.org/10.1145/nnnnnn.nnnnnn"
   

   (You may find the nnnnnn.nnnnnn number for your article DOIs on its citation page in the ACM Digital Library.)

5. The right of an employer who originally owned copyright to distribute definitive copies of its author-employees' work within its organization. Posting these works for access outside of the employer's organization requires explicit permission from ACM.

Authors should understand that consistent with ACM's policy of encouraging dissemination of information, each work published by ACM appears with the ACM copyright and the following notice:

"Permission to make digital or hard copies of part or all of this work for personal or classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies bear this notice and the full citation on the first page. Copyrights for components of this work owned by others than ACM must be honored. Abstracting with credit is permitted. To copy otherwise, to republish, to post on servers or to redistribute to lists, requires prior specific permission and/or a fee."

A. Assent to Assignment. I hereby represent and warrant that I am the sole owner (or authorized agent of the copyright owner(s)), with the exception of third party material detailed in Section III below. I have obtained permission for any third party material included in the Work.

B. Declaration for Government Work. I declare I am a Government employee who prepared the Work as part of my job, and whose work is not subject to copyright. If a co-author is not a government employee, check Box A as well. A modified copyright statement regarding government use will appear on the published work. Checking Box B certifies that the above author(s) wrote the Work (a) as part of work as government employee(s) or, (b) as other government work.

Signature ____________________________________
Print Name __________________________________
Date _______________________________________
Government Agency: _____________________________________
 

II. PERMISSION TO PUBLISH/SERVE AUXILIARY MATERIALS

I hearby grant ACM permission to serve files named above containing my Auxiliary Material from the ACM Digital Library. I hereby represent and warrant that my Auxiliary Material contains no malicious code, virus, trojan horse or other software routines or hardware components designed to permit unauthorized access or to disable, erase or otherwise harm any computer systems or software, and I hereby agree to indemnify and hold harmless ACM from all liability, losses, damages, penalties, claims, actions, costs and expenses (including reasonable legal expense) arising from the use of such files.

Signature ____________________________________
Print Name ___________________________________

III. THIRD-PARTY MATERIAL

Copyright. This copyright transfer applies only to the work as a whole, not to any embedded objects owned by third parties. An author who embeds an object, such as an art image that is copyrighted by a third party, must obtain that party's permission to include the object, with the understanding that the entire work may be distributed as a unit in any medium. The requirement to obtain third-party permission does not apply if the author embeds only a link to the copyright holder's definitive version of the object. (See Policy, §3.7 Links.)

Permission. In the event that any materials used in my presentation or Auxiliary Materials contain the work of third-party individuals or organizations (including copyrighted music or movie excerpts or anything not owned by me), I understand that it is my responsibility to secure any necessary permissions and/or licenses.¹

Third-party permission must be clearly stated near the object(s) or in the text narrative in the Work and my presentation of it in the Auxiliary Materials as applicable. Identify below any third-party material included in the Work, presentation and/or the Auxiliary Materials. Please specify the type of material, i.e., figure, table, photo, music, video or other image(s). If the permission is obtained, attach it to this form or your submission to ACM. The Work will not be published without proof of the necessary permissions or substantiation of a claim of fair use. (Use a separate sheet if additional space is required.)

IV. ARTISTIC IMAGES

An exception to copyright transfer is allowed for images or figures in your paper which have "independent artistic value.'' You or your employer may retain copyright to the artistic images or figures which you created for some purpose other than to illustrate a point in this paper and you wish to exploit in other contexts.

If you have such exceptional images, you must grant permission to ACM to use them in the context of the article in current and future formats. You must identify them here and also in the paper by including the owner’s copyright notice within the image itself and/or in its figure caption.

I hereby grant permission to ACM to publish the above images/figures.

Signature ____________________________________

V. LIABILITY WAIVERS & INDEMNIFICATIONS

Because I retain certain rights in my work under the ACM Copyright Transfer Agreement and under the ACM Permissions Release Form, such as patent and moral rights, I therefore hereby agree not to assert any of my rights against ACM in connection with ACM's use of my work as agreed to herein, and I further acknowledge that ACM is under no obligation to exercise all of the rights I have granted.

I hereby agree to indemnify ACM and its agents and assigns against any and all losses incurred in connection with any claim or proceedings asserting that I have violated a prior agreement in presenting my work at an ACM event and/or in granting ACM rights to publish my work.

I hereby agree to indemnify ACM and its agents and assigns against any and all losses incurred in connection with any claim or proceeding asserting plagiarism and/or copyright infringement if the investigation carried out by ACM according to its Plagiarism Policy determines that my work is the plagiarizing or infringing work. [Note, in accordance with its policies, ACM generally defends its authors against charges of plagiarism and will reasonably investigate others on behalf of the author who plagiarize a work copyrighted and published by ACM.]

All permissions and releases granted by me herein shall be effective in perpetuity and shall extend and apply to ACM and its agents and assigns.

I agree to the terms of this Section V.

Signature ____________________________________
Print Name ___________________________________

WHERE TO RETURN THIS FORM

If mailing, please return this form to:

Editor, [journal name]
c/o ACM
2 Penn Plaza, Suite 701
New York, NY 10121-0701

Revised 3/31/09

 ¹ Note: Small-performing rights licenses must be secured for the public performance of any copyrighted musical composition. Synchronization licenses must be secured to include any copyrighted musical composition in multimedia presentations.

INSTRUCTIONS: COMPLETING THE ACM COPYRIGHT
TRANSFER AND RELEASE FOR AUXILIARY MATERIAL IN
ACM JOURNALS, TRANSACTIONS, AND MAGAZINES

Thank you for submitting a paper for publication by ACM. ACM's publications are read throughout the world in print and digital formats. ACM must manage requests for reprinting, republishing, redistributing, digitizing, posting to servers, anthologizing, and other actions. It is the policy of ACM to own the copyright on its technical publications to protect the interests of ACM, its authors and their employers, and at the same time to facilitate the appropriate reuse of this material by others.

United States Copyright Law requires that the transfer of copyright of each contribution from the author to ACM be confirmed. (See ACM Copyright Policy, §2.1 Requirement for Copyright).

How to Complete the ACM Copyright Form (the "Form")


• Part I: Authors must select Box A (and/or Box B if applicable for Government interest), sign and date Part I for the copyright transfer to be valid.
  
• Part II: Authors must sign Part II if they have auxiliary materials.
  
• Part III: To be signed if authors used third party materials.
  
• Part IV: To be signed if authors used artistic images of independent value.
• Part V: Everyone must sign Part V.
  

Please return the Form with the manuscript to the editor at the address on the Form. Additional details about each Part of the Form are provided above.  

ACM authors retain all proprietary rights other than copyright including a set of "Retained Rights" stated on the Form. (Also see ACM Copyright Policy, §2.4. Definitive Versions and Revisions, §2.5 Rights Retained by Authors and  §3 ACM Permissions Policy).

Part I.A. – Assent to Assignment INSTRUCTIONS

If you are employed and prepared your paper as part of your job, or as a "work-made-for-hire," the rights to your paper may initially rest with your employer. If so, the Form should be signed by an authorized person. If you sign the Form, ACM assumes that you have been authorized to do so by the owner. The Form must be received by ACM before processing of the manuscript so publication can be completed.

For jointly authored papers, an original signature is required from one (assumed senior) author only. However, we recommend that all authors read and agree to the terms of the Form and that this single author act as duly authorized agent of the others. Go to Part I.

Part I.B. – Declaration for Government Work  INSTRUCTIONS

Check only Box B of Part I of the Form if all authors are Government employees, and the work was created as part of their job exclusively for a Government agency. A statement of "public domain" will appear on the work submitted (the "Work") as it is not copyrightable. If any co-authors are not government employees, Box A of Part I must also be checked, and a modified copyright statement regarding government use will appear in the publication.

In the case of a Work created under a Government contract or grant, ACM recognizes that the Government has royalty-free permission to reproduce all or portions of the Work, and to authorize others to do so for official Government purposes only, if the contract/grant so requires. Authors employed by a civilian agency working under Government contract, i.e., national laboratory employees, are required to check both Box A and Box B of Part I. Go to Part I.

Part II. – Permission to serve Auxiliary Materials INSTRUCTIONS

ACM requires a signed release (rather than a transfer of copyright) to serve auxiliary materials, i.e., additional files, including software and executables, which are not submitted for review as an integral part of the work but are supplied by the author as useful and interesting additional resources for the reader (collectively, the "Auxiliary Materials"). Please also sign Part II if you are supplying Auxiliary Materials. Go to Part II.

Part III. – Third Party Material INSTRUCTIONS

If you have incorporated any material owned by a third party in your Work or into your Auxiliary Material, you must fill out Part III of the Form and attach proof of permission to include this material. Go to Part III.

Part IV. – Artistic Images of Independent Value INSTRUCTIONS

If your paper includes images that were created for any purpose other than this paper and to which you or your employer wish to retain copyright, you must complete Part IV and be sure to include a notice of copyright with each such image in the paper. Go to Part IV. 

Part V. – Liability and Indemnification Waiver INSTRUCTIONS

Everyone must sign Part V. Go to Part V.