Let us remember a couple of things:
The copyright in a deposited work once resided solely with the author (or in
a multi-author work with all of them jointly). (This assumes the author's
institution(s) do not claim copyright, which is usually the case with
universities.)
The authors may have granted licences to others en route to depositing. If
they are not stupid they will have retained copyright, or at the very least
a licence to use the paper at their discretion.
Deposition of a document can therefore be taken as implied permission to
place in the repository for public access unless stated otherwise. The onus
is on the depositor, and on a case by case basis. You can and should ask the
depositor to say/endorse this.
In practice agonizing over copyright is a major waste of time by repository
managers and academics. Authors dispose of copyrights without a fee to
publishers. Publishers ask for copyrights they do not need for their
purposes. Publishers, however much they bluster, cannot achieve anything by
pursuing copyright breach except loss of author confidence in their
journals, and probably all for a free good given away to them.
Arthur
> -----Original Message-----
> From: Repositories discussion list
[mailto:[log in to unmask]] On
> Behalf Of Nockels, K.H.
> Sent: Thursday, 26 January 2006 00:30
> To: [log in to unmask]
> Subject: Licences - once only or every time?
>
> Dear All,
>
> A question from a bit of a novice! We are at the early stage of
developing our
> research repository and have not actually loaded any real material yet.
The Library
> will be uploading material on behalf of our researchers and academics,
although in the
> future we may have academics and researchers who will be happy to
self-archive.
>
> My question is:
>
> Can we ask a depositor to sign a licence just on the first occasion that
they send us
> material? That licence would then apply to everything else that they
send us in the
> future. Does anyone currently do this with their own repository?
>
> Or will we need to get a licence for each individual item?
>
> I would be very interested to know what you are all doing and in your
advice.
>
> Many thanks for your help,
>
>
>
> Best wishes,
>
>
>
>
> Keith Nockels
>
> Keith Nockels MA MCLIP
> Information Librarian/Institutional Repository Project Manager
>
> University of Leicester
> England (UK)
>
> Tel.: +44 (0)116 252 3101
> Email: [log in to unmask]
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