LICENCE AGREEMENT

 

 

ISSN ASSIGNMENT SERVICES – PUBLISHERS’ AREA

 

 

PREAMBLE

 

1. The ISSN Network and data

 

The International Centre for the Registration of Serial Publications, also known as the ISSN International Centre (hereinafter the CIEPS/ISSN International Centre), coordinates a global network that has created an international system of numbering and bibliographic references which is essential for identifying and describing serial publications and other continuing resources on a global level.

ISSN data consists of ISSN identifiers (eight-digit codes assigned to continuing resources regardless of language and country of publication), to which metadata identifying each of the resources to which an ISSN has been assigned (including the key title, publisher, country and language of publication – non-exhaustive list) is inextricably linked.

The ISSN network consists of the ISSN International Centre and the ISSN National Centres.

 

2. Creation of the ISSN Register

 

The CIEPS/ISSN International Centre has gathered all ISSN data generated by it, as well as by the National Centres, and has constituted a structured set of information, which is regularly updated.

To create this database, the CIEPS/ISSN International Centre has made substantial investments for constituting, presenting and updating its content.

As a producer, the CIEPS/ISSN International Centre benefits from the sui generis right over database production as defined in European Directive 96/9/EC of 11 March 1996.

Any use of ISSN data may only be justified if it has been expressly authorised by the CIEPS/ISSN International Centre.

 

3. The CIEPS/ISSN International Centre

 

The CIEPS/ISSN International Centre is an intergovernmental organisation created in 1975 by a treaty between France and UNESCO.

Its registered office is located at 45, rue de Turbigo, 75003 Paris, France.

 

DEFINITIONS

 

For the purposes of this Licence:

 

“ISSN Assignment”: The creation of a set of metadata describing a serial publication title, uniquely identified by an ISSN, in response to a request submitted via the Publishers’ Area and for which a fee may be charged.

 

“ISSN Credit”: A value representing the number of ISSN Assignments available to the Publisher and covering the additional services involved in creating, maintaining and disseminating data relating to continuing publications.

 

"Basket": A service that allows publishers to select the number of ISSN credits they wish to purchase. 

 

“Publisher”: The legal person producing serial publications and registered in the Publishers’ Area.

 

“Intermediary”: A third-party entity representing one or more publishers that submits ISSN requests through the ISSN system on their behalf. An Intermediary must provide evidence of the mandate they have received from the Publisher.

 

“ISSN request”: a formal application submitted by a publisher through the ISSN system to obtain an International Standard Serial Number for a continuing resource, including the required descriptive information and supporting documentation for evaluation by the International Centre or a National Centre.

 

“Pending request”: a publisher’s request for an ISSN that has not yet been evaluated by the International Centre.

 

“In-process request”: a request that has been reviewed by the International Centre and has resulted in the creation of a provisional record with an assigned ISSN.

 

“Receiving publisher”: Party contractually appointed as publisher of the journal by the journal owner from the effective transfer date.

 

“Transferring publisher”: Party contractually appointed as publisher of the journal by the journal owner until the effective transfer date

 

“Publishers’ Area”: A secure website enabling a Publisher or the Intermediary to create a personal account, purchase ISSN Credits and submit requests for ISSN Assignment.

 

“Continuing Resource”: A document whose publication continues over time without a predetermined end.

 

“Licence”: The present licence agreement, setting out the rights and obligations of the Publisher or the Intermediary and the CIEPS/ISSN International Centre in relation to the ISSN Assignment services.

 

“Transfer Alerting Service (TAS)”: A free service provided by the CIEPS/ISSN International Centre enabling publishers who have signed the NISO Transfer Code of Practice to report transfers of ownership of continuing resources via an online interface in the Publishers’ Area, and enabling the dissemination of validated transfer information through the dedicated Transfer database (https://journaltransfer.issn.org) and related alert services.

 

« National Information Standards Organization (NISO) » : a US-based non-profit organisation that develops and promotes standards and best practices to improve the management, exchange and access to information, particularly in the fields of libraries, publishing and information technology.

 

This document constitutes a Licence agreement between the Publisher or the Intermediary and the CIEPS/ISSN International Centre, setting out the terms on which they may access and use the ISSN Assignment services via the Publishers’ Area.

By creating an account and purchasing ISSN Credits, the Publisher or the Intermediary agrees to the terms of this Licence.

 

ARTICLE 1: DESCRIPTION OF THE SERVICES

 

The Publishers’ Area is an online service published by the CIEPS/ISSN International Centre, accessible upon account creation and purchase of ISSN Credits.

Through this service, the Publisher or the Intermediary may:

• Create an account ;
• Select the desired number of ISSN credits in the Basket;
• Purchase ISSN Credits;
• Pay for ISSN Credits ;
• Submit requests for ISSN Assignment;
• Track the status of submitted requests;
• Claim a publication, i.e. request linkage of titles to their account (this option is only available to a Publisher);
• Request modifications to bibliographic records relating to titles they publish or have published (this option is only available to a Publisher);
• Use the Transfer Alerting Service, where applicable (this option is only available to a Publisher);
• Communicate with the CIEPS/ISSN International Centre.

 

1.1 ISSN Assignment Service

 

An ISSN Assignment consists of:

• Examination of the eligibility of the publication;
• Verification of the information provided;
• Creation of a bibliographic record;
• Assignment of an ISSN where appropriate;
• Dissemination of the record via the ISSN Portal.

ISSN requests are processed according to their date of submission, from oldest to most recent. The CIEPS/ISSN International Centre aims to process normal requests within approximately twenty (20) working days changing their status from “pending” to “in process” once the request has been approved.

Urgent assignments may be processed within five (5) working days provided the request is complete. When a Publisher or an Intermediary fills out the request form, they can tick whether the request is ‘urgent’ or not. Urgent requests cost 2 credits.

As soon as the payment is received by the CIEPS/ISSN International Centre and the Publisher or the Intermediary has completed the request form, the request, whether normal or urgent, is processed by the CIEPS/ISSN International Centre.

The CIEPS/ISSN International Centre may refuse a request if it does not meet the criteria for obtaining an ISSN. If information is missing, the request is marked as ‘incomplete’, detailed feedback is provided, and the Publisher can correct the form so that the request can be resubmitted for review.

The Publisher or the Intermediary has two weeks to respond to the request for information from the CIEPS/ISSN International Centre by amending their requests in the portal. Any assignment requests made by a Publisher or an Intermediary in the system that cannot be completed due to a lack of additional information provided by the Publisher will be cancelled after three months.

A Publisher or an Intermediary may not have more than five urgent requests in “pending” status at the same time.

The CIEPS/ISSN International Centre reserves the right to refuse an ISSN Assignment, particularly where:

• An ISSN has already been assigned;
• The publication is not eligible;
• The publication does not exist;
• The content is plagiarized;
• The information provided is inaccurate or unverifiable.

The system automatically sends the Publisher or the Intermediary an email whenever the status of their request is modified, along with comments. Thus, when a request is rejected, the Publisher or the Intermediary is notified by email. When a request is rejected, the Publisher or the Intermediary is not authorised to resubmit the same request as it is when it is simply “incomplete”.

In case of refusal of an assignment, no reimbursement shall be made by CIEPS/ISSN International Centre. The corresponding ISSN Credit may remain available for subsequent requests if the Publisher or the Intermediary has acted in good faith and has not deliberately provided any false information, such as an incorrect country of publication, incorrect information about the journal's indexing or a false editorial board.

 

1.2 Transfer Alerting Service (TAS)

 

The Transfer Alerting Service is provided free of charge to eligible publishers who have signed the National Information Standard Organisation (NISO) Transfer Code of Practice. NISO informs CIEPS/ISSN International Centre that the Publisher has signed the Code of practice. CIEPS/ISSN International Centre then opens an account for the publisher.

Through the TAS interface available in the Publishers’ Area, the Receiving publisher may declare the transfer of ownership of a Continuing resource that it has acquired from the Transferring publisher.

To do so, the Receiving publisher must complete the online form via their account and provide:

• The Identification of the transferred title;
• The ISSN(s) concerned;
• The effective date of transfer;
• Supporting documents, e.g. agreement with the Transferring publisher, or formal confirmation from the Transferring publisher’s representative;
• Contact details of the Transferring publisher.

Upon submission of a transfer statement:

• The CIEPS/ISSN International Centre reviews the transfer statement, requests additional information from the Receiving publisher if necessary, and validates the transfer.
• The CIEPS/ISSN International Centre notifies the Receiving publisher and the Transferring Publisher by email that the transfer is being processed.
• Information about the transfer is published in the Transfer Alerting Service (TAS), a public database available at journaltransfer.issn.org. TAS users may subscribe to free alert services.
• The existing ISSN record for the title concerned is temporarily marked in the ISSN Portal with a “TRANSFER” logo.
• Once the resource is effectively published under the name of the receiving publisher, the ISSN Network updates the record in the ISSN Portal and removes the “TRANSFER” logo.

 

ARTICLE 2: TERMS OF ACCESS

 

The Publisher or the Intermediary must open an account in the Publishers’ Area.

The Publisher or the Intermediary undertakes to provide accurate, complete and up-to-date information when registering and when submitting requests.

The Publisher or the Intermediary undertakes to create and use one single account in the Publishers’ Area for the submission of ISSN Assignment requests to their publications and shall not create or operate multiple accounts for the same legal entity.

The CIEPS/ISSN International Centre reserves the right to verify the Publisher’s or the Intermediary’s identity and to refuse or suspend registration in case of false declarations.

Login credentials are confidential and strictly personal. Several individuals can use the same account only if the Publisher or the Intermediary themselves share their login details with colleagues. Sharing login credentials is made under the Publisher’s or Intermediary’s exclusive responsibility.

 

ARTICLE 3: RIGHTS GRANTED TO THE PUBLISHER

 

Upon assignment, the Publisher or the Intermediary is granted a non-exclusive, personal, non-transferable right to use the ISSN solely to identify the registered publication in accordance with ISO Standard 3297.

The ISSN may not be:

• Transferred to another publication;
• Used for promotional or misleading purposes;
• Presented as a certification of quality or legal status.

No intellectual property rights over the ISSN Register or ISSN Data are transferred to the Publisher.

 

ARTICLE 4: THE PUBLISHER’S OR THE INTERMEDIARY’S OBLIGATIONS

 

The Publisher or the Intermediary undertakes to:

• Provide true, accurate and verifiable information;
• Ensure that the publication exists and is eligible;
• Hold all necessary rights over the submitted information;
• Respond promptly to requests for clarification.

The Publisher or the Intermediary shall not:

• Impersonate the ISSN International Centre or any ISSN National Centre;
• Misuse ISSN trademarks, logos or identifiers;
• Request ISSNs on behalf of third parties without a valid mandate.

The Publisher or the Intermediary acknowledges that data submitted will be integrated into the ISSN Register, standardised and disseminated via the ISSN Portal.

To support their request, the Publisher or the Intermediary should provide the following information:

• For a print publication: complete issue or copy of the cover, title page and editorial page. The editorial page must show the name and address of the publisher,
• For a CD-ROM publication: sample or copy of the label affixed on the disc and/or on the container with the name and address of the publisher printed on it.
• For an online publication: the URL (electronic address) of the publication. The name and address of the publisher must be displayed on the publication.
• For a mobile publication (for e-readers and smartphones): screenshots of the title screen and/or of any other screens showing the name and address of the publisher.

The CIEPS/ISSN International Centre reserves the right to request additional proof of a publisher's identity and location, such as a certificate issued by a local authority or a certified register of publishers in the country concerned.

 

ARTICLE 5: THE RECEIVING PUBLISHER’S OBLIGATIONS

 

The Receiving publisher using the Transfer Alerting Service undertakes to:

• Declare only transfers that are effective and legally valid;
• Provide accurate and verifiable information regarding the transfer;
• Ensure that it is a party to the transfer concerned;
• Refrain from using the TAS for promotional, misleading or defamatory purposes.

The Receiving publisher acknowledges that any false declaration relating to a transfer may result in suspension of access to the Publishers’ Area.

 

ARTICLE 6: OBLIGATIONS OF THE CIEPS/ISSN INTERNATIONAL CENTRE

 

The CIEPS/ISSN International Centre undertakes to use all available means to examine requests, create and update ISSN data and ensure continuity and quality of service.

Once the application is complete and the publisher has provided all the necessary information, CIEPS/ISSN International Centre will create the record in its database and publish it on the ISSN portal.

Any requests that remain incomplete and have not been modified by the publisher will be removed from the system after three months.

In no case may an obligation of result be invoked against it.

The CIEPS/ISSN International Centre may temporarily interrupt access to the Publishers’ Area for maintenance or correction purposes.

Regarding Transfer statements, the CIEPS/ISSN International Centre undertakes to:

• Examine transfer statements in good faith;
• Notify both the Receiving and Transferring publishers, and request additional information if needed;
• Publish validated transfer information in TAS.

The Centre shall not be held liable for disputes arising between Publishers concerning the ownership of a title.

 

ARTICLE 7: PRICING AND PAYMENT

 

Prices of ISSN Credits are determined by the CIEPS/ISSN International Centre and may vary depending on the Publisher’s or Intermediary’s country classification according to the World Bank statistics

Country category based on national GNI per capita

 

Country Category	GNI per Capita (USD, World Bank, Atlas method)
A	Over 20,001
B	Between 5,001 and 20,000
C	Between 1,001 and 5,000
D	Under 1,000

 

 

ISSN Credits must be purchased upfront. The full invoice amount for the purchase of ISSN credits must have been paid in full to the CIEPS/ISSN International Centre before the Publisher or Intermediary is authorised by the system to apply for an ISSN assignment. Failure to pay the invoice may result in suspension of access to the service.

ISSN Credits are non-transferable and non-refundable.

The Transfer Alerting Service is provided free of charge.

 

ARTICLE 8: FALSE DECLARATIONS

 

Any false or inaccurate declaration constitutes a breach of contract and may result in suspension or termination as described in Article 11.

 

ARTICLE 9: RESPONSIBILITY

 

ISSN data is provided for identification purposes only.

The CIEPS/ISSN International Centre shall not be held liable for:

• Inaccuracies resulting from information provided by the Publisher or the Intermediary;
• Indirect damages, including commercial losses or damage to brand image;
• Events beyond its control.

Liability shall not exceed the amount paid by the Publisher or the Intermediary for unused ISSN Credits.

 

ARTICLE 10: DURATION OF THE AGREEMENT

 

This Licence takes effect upon account creation of an account and remains valid as long as the Publisher maintains an active account.

 

ARTICLE 11: MODIFICATIONS TO THE SERVICE AND TO THE LICENCE

 

The CIEPS/ISSN International Centre may, at its sole discretion, change the presentation format and/or structure of the services and data without informing users in advance.

If any changes are made, the CIEPS/ISSN International Centre will update the Licence. The Licence holder must validate the updated version when logging into the services for the first time.

 

ARTICLE 12: TERMINATION FOR BREACH

 

The Licence may be terminated by the CIEPS/ISSN International Centre if the Licence holder fails to fulfil one or more of its obligations, and if a formal notice to remedy the breach(es) sent by registered letter with acknowledgement of receipt remains unanswered for thirty (30) days after receipt.

The Licence may be terminated by the CIEPS/ISSN International Centre at any time and without notice if the Licence Holder becomes subject to bankruptcy or liquidation proceedings.

Termination shall not give rise to compensation or reimbursement.

 

ARTICLE 13: CONFIDENTIALITY – PERSONAL DATA

 

All data relating to the Licence, including contacts, address, and login credentials, is confidential.

The CIEPS/ISSN International Centre compiles connection and download statistics for all user accounts.

The CIEPS/ISSN International Centre undertakes to maintain the confidentiality of this statistical data and of all information provided by the Publisher. The personal data collected is intended for use by the management services of the CIEPS/ISSN International Centre and will not be disclosed to third parties.

The Licence Holder has the right to access and correct their personal data. Requests for deletion should be addressed to the CIEPS/ISSN International Centre, 45 Rue de Turbigo, 75003 Paris, France. Alternatively, they can be sent to sales[at]issn.org.

 

ARTICLE 14: CONTRACTUAL DOCUMENTS

 

This Licence constitutes the entire agreement between the parties and supersedes any previous agreement relating to ISSN Assignment services.

 

ARTICLE 15: MISCELLANEOUS PROVISIONS

 

Due to the personal nature of the Agreement, the Publisher or the Intermediary may not assign, transfer or delegate the Agreement without prior written authorisation from the CIEPS/ISSN International Centre.

The Agreement shall be interpreted and governed in accordance with French Law.

If any provision becomes invalid under French law, it shall be deemed void without invalidating the remainder of the Agreement.

The original text of the Agreement is written in French. In case of discrepancy between language versions, the French version shall prevail.

 

ARTICLE 16: SETTLEMENT OF DISPUTES

 

Any disputes relating to the validity, interpretation or performance of the Agreement shall be exclusively settled by negotiations between the parties in order to reach an amicable settlement.

The parties may request the intervention of a mediator. In such a case, the mediator shall be appointed by mutual agreement between the parties within 45 days of the request being sent by one party to the other. If no agreement is reached within this timeframe, the mediator will be appointed by the President of the Chambre internationale du Tribunal des activités économiques de Paris (International Chamber of the Paris Commercial Court) at the request of the first party to take action. The President must ensure that there are no links the two contracting parties and the mediator that could compromise the mediator's independence.

Within three months of his/her appointment, and if the parties have not reached an agreement by this time, the mediator shall serve the parties with a written recommendation setting out the reasons of his/her opinion on the submitted dispute and the recommended solution.

The mediator's expenses shall be equally shared between the parties.

 

ARTICLE 17: EXCLUSION OF JURISDICTION OF NATIONAL COURTS

 

No action or claim relating to the validity, interpretation or performance of the present Agreement shall be brought by any of the parties before a national court or tribunal of any kind.