Copyright Issues concerning the Repository@Napier

Learning Information Services have obtained software which is being used to provide appropriate open access on the internet to the digital full-text of all Edinburgh Napier University research publications via a digital repository. There follows a set of copyright guidelines, which were developed in the University of Southampton and which are widely applied within the growing number of British university open access repositories. LIS staff members will use these guidelines to protect university interests.

Repository Copyright Advice to Depositors

University policy is compatible with publisher’s copyright agreements in these ways:

The copyright for an article before it is refereed rests entirely with the university, to the extent that such documents or materials constitute work carried out by you during the course of your employment and which relates, or is capable of relating, to the business of the University; hence it can be self-deposited in that form irrespective of the copyright policy of the journal to which it may later be submitted.

Once an article has been peer-reviewed and accepted for publication the ownership of the copyright depends on the wording of the copyright agreement made between author and publisher.

A signed transfer of copyright agreement is legally binding; however, a submission policy which refuses publication to items previously made public via the web may not be legally binding and advice should be sought from LIS staff.

Many publishers allow the peer-reviewed (postprint) version of the article to be deposited by the author. Usually, the copyright transfer agreement will specify this right specifically, but authors are expected to inquire about conditions for open access deposit using the JISC SHERPA-ROMEO online guides to such terms before placing items on open access. LIS staff will follow SHERPA guidance in administering the repository. Authors should attempt to obtain a copyright agreement which allows self-deposit in a repository.

Where copyright agreements do not permit deposit of peer-reviewed text authors should deposit the original text and later add a list of corrigenda comprising substantive changes requested by the reviewer. If copyright law , or a publisher, does not permit deposition of a work in the repository then the author is required to make an entry in the repository that provides an adequate description of the intellectual output, sufficient to interest potential academic colleagues, industrial sponsors, or business partners.

Some copyright agreements state that the post review version may be placed on a personal or institutional webpage. The repository is part of the university’s website and administrative infrastructure therefore the reviewed version should be placed in the repository by the author, but external access will not be granted until after post –publication publisher embargoes stated in SHERPA-ROMEO are fulfilled.

The repository manager, acting for the university, will have the right to restrict access to the substance of digital files deposited until external publisher agreements, copyright regulations and internal intellectual property issues have been fully addressed.

Malcolm Jones
Repository Manager
Learning Information Services,
27th June 2012

Edinburgh Napier University is a registered Scottish charity. Registration number SC018373