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Hi John
EThOS is an aggregating service and we would reflect a PhD takedown, but this does not necessarily come from an automated harvest – we are often contacted directly by the institution concerned.  There are also different types of ‘take-down’; if access to the content is removed, but information about the content (i.e. metadata) remains on the IR with a statement concerning restricted access and/or an embargo date, this would be picked up by aggregating services via OAI-PMH.  If the take-down results in the complete removal of both content and metadata, however, this won’t necessarily be communicated via OAI-PMH; the standard does not require the data provider service to ‘export deletions’ – the repository has to be configured to do this.  OAI-PMH deletions consist of the OAI ID and a status of ‘deleted’ – not the full record - and not all aggregating services process these ‘deletions’ even if they are exported.  The best policy, therefore, is to retain the metadata but restrict access and this should then be reflected in the aggregating services harvesting your data/content.
Best wishes
Heather
Heather Rosie
EThOS Repository Metadata Manager
The British Library

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Tel: 01937 546945

From: Repositories discussion list [mailto:[log in to unmask]] On Behalf Of John Murtagh
Sent: 21 May 2015 15:49
To: [log in to unmask]
Subject: Non-harvesting: copyright agreement

Dear all

I have a two-part query on behalf of a colleague who is publishing in the journal Program http://www.emeraldinsight.com/loi/prog published by Emerald.

The copyright agreement makes the following demand:


"I/We will not permit others to electronically gather or harvest and save to a separate server my/our Work"

I'm scratching my head as to how this is preventable for the following reasons:

1) content aggregation services such as Core http://core.ac.uk/ and others who harvest journal publications from repositories to their servers and
2) the paper will be licensed under the Creative Commons Attribution licence (CC-BY) which allows reuse.

A secondary question of what happens when a local repository retires, takes down or withdraws an item - is this ever reflected in these aggregation services? An example I can give is a PhD thesis which has been taken down at the request of the student.

Any views/thoughts or experiences welcome!

BW

John

In consideration of Emerald agreeing to consider the above-named previously unpublished original Work for publication (both parties agree that such consideration shall be deemed sufficient), I/We, by signing this form hereby assign worldwide copyright of the Work in all forms and media (whether now known, or hereafter developed), in all languages for the full term of copyright and all extensions and renewals thereof.
I/We understand that Emerald will act on my/our behalf to publish, reproduce, distribute and transmit the Work and will authorise other reputable third parties (such as document delivery services) to do the same, ensuring access to and maximum dissemination of the Work.
Licence to Author: Emerald grants to Author a non-exclusive licence to use and reproduce in printed form all or part of the Work (after first publication by the Journal): as photocopies for an Author’s use for classroom teaching to be distributed to students free of charge, and in any literary work written or edited by the Author. This licence is granted providing that all such copies include full attribution to the Journal and the appropriate copyright line. For further information about additional Author rights, please seeEmerald’s Author Charter<http://www.emeraldinsight.com/authors/writing/charter.htm>.

Authors submitting articles to Emerald warrant the following:

  *   I/We have the full power and authority to enter into and execute this Agreement and to convey the rights granted herein.
  *   The Work is an original work which I/We have created independently. It has not been published before in its current or a substantially similar form. Please refer to Emerald’s Originality Guidelines<http://www.emeraldinsight.com/authors/writing/originality.htm>
  *   The Work is not currently being considered for publication by any other journal or publication and will not be submitted for such review while under review by the Journal.
  *   Subject to the use of any third party rights where consents have been obtained in accordance with the paragraph below, I/We own all intellectual property rights vesting in the Work.
  *   If third party material has been used in the Work, I/We have obtained the necessary permission from the copyright holder/s to reproduce in the Work, in all media in all countries, and transmit via all reputable third parties, any such materials including tables, figures and photographs not owned by me/us (Please upload any permissions documents.).
  *   The Work does not contain any unlawful statements, does not infringe any existing copyright or violate any proprietary rights, rights of privacy or publicity, or any other rights of any third party. “Proof of consent” has been obtained for studies of named organisations and people (Please upload any evidence).
  *   All authors have received a final version of the Work, take responsibility for the content, agree to its publication and the order of authors listed on the paper.
  *   Anyone who has made a significant contribution to the research and the Work has been listed as an author. Minor contributors have been noted in the Acknowledgements section.
  *   I/We have declared any potential conflict of interest in the research. Any support from a third party has been noted in the Acknowledgements.
  *   I/We have read and adhered to the Journal author guidelines.
  *   I/We will not permit others to electronically gather or harvest and save to a separate server my/our Work.
I/We assert my/our moral rights to be identified as the author/s of the Work, in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. I/We acknowledge that Emerald will ensure fair and faithful representation of my/our Work in all media and will take the necessary steps to protect the Work from unlawful copying.
I/We indemnify and shall keep Emerald Group Publishing indemnified against any loss, expense, injury or damage (including any legal costs and disbursements paid by them to compromise or settle any claim) howsoever caused incurred by Emerald directly or indirectly as a result of a breach of the above warranties.



John Murtagh
Manager - LSHTM Research Online
London School of Hygiene & Tropical Medicine
Tel: +44 0207 958 8193
E-mail: [log in to unmask]<mailto:[log in to unmask]>
Web: http://www.lshtm.ac.uk/library/specialist_services/open_access/index.html




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