Martin Luther University Halle-Wittenberg

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Open Access Policy
OA_Policy_MLU.pdf (136.3 KB)  vom 17.09.2018

Open Access Fact Sheet - german
Open-Access- Fact- Sheet_DE.pdf (297.2 KB)  vom 17.09.2018

Open Access Fact sheet - english
Open-Access-Fact-Sheet_EN.pdf (394.2 KB)  vom 17.09.2018

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Legal Information

Disclaimer: Please note that this content is for information purposes only and is not legally binding.

The process of publish documents in repositories or on websites is highly dependent on the rights the author(s) hold upon the work-to-be-published. One of the following applies:

1. All rights are with the creator/ author

The creator can publish his/her work on a private website and/or publish on a repository. This is usually done by granting the host (the repository or website in this case) a simple, non-exclusive usage right. The creator can also apply an open content license to his/her work, granting a simple usage right for public accessibility.

2. A publisher has been given exclusive usage rights

In this case, it is necessary to distinguish between different possible cases:
Works published before 1995
For works published before 1995 the publishers exclusive usage rights upon a work cannot be claimed because before this date, such legal instruments were simply not available. Legislation has ruled that a new arrangement can be made with publishers in this regard. Until the end of 2008, an exclusive usage right by the publisher could be objected. If this did not happen and no alternative arrangement was made, the exclusive usage right remains with the Publisher meaning that the author cannot publish this work under an Open Access scheme without the permission of the publisher.
Works published after 1995
For works published after 1995, it is critical to establish whether the contract of exclusive usage rights also included a right for publishing on the internet clause. If no such a clause was made, the author is free to grant simple usage rights for a journal article 12 months after the date of the original publishing. This holds true for non-periodical works, such as articles in collected editions, conference papers etc. if, however, the author has not been compensated for the work.

3. When in doubt

If you are unsure regarding your usage rights, please contact your publisher and make arrangements to clarify these issues. This may hold especially true for foreign publishers.