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Institutional Repository: Copyright and License Types

Color Code for Edits

As you review this guide, please add your edits in a different color so that we may discuss at our next meeting.

Copyright Advice

The library cannot provide legal advice related to copyright - if you have specific questions, please consult your publisher, General Counsel, an attorney, etc.  Copyright is the author's responsibility only.  

Copyright and License Types

For publishing information without full text see “Metadata Only Records” section 

For more help/information on copyright, contact reference@midwestern.edu

Copyright Responsibility

Oftentimes, when a manuscript is published, the author signs over their copyright to the publisher.  Therefore, it is the sole responsibility of the author to ensure the following criteria are met before submission.

By submitting work to the repository:

  • You represent that the submission is your original work, and that you have the right to grant the rights contained in this license. You also represent that your submission does not, to the best of your knowledge, infringe upon anyone's copyright.
  • If the submission contains material for which you do not hold copyright, you represent that you have obtained the unrestricted permission of the copyright owner to grant Midwestern University the rights required by this license, and that such third-party owned material is clearly identified and acknowledged within the text or content of the submission.
  • If the submission is based upon work that has been sponsored or supported by an agency or organization other than Midwestern University, you represent that you have fulfilled any right of review or other obligations required by such contract or agreement.

If you are unsure of anything in the above, please contact us at reference@midwestern.edu

Published Content versus Manuscript

If you have an accepted manuscript from a journal publisher, they may not allow for you to submit the final published article to MARS.  Oftentimes, an earlier draft, referred to as a manuscript, may be acceptable.  The author must check their signed agreement with the journal publisher for what is and is not acceptable, prior to submitting to MARS.  Please email us at reference@midwestern.edu for more detailed assistance.  

Custom Metadata will need to be added to identify #preprint vs. #published version.

How can a faculty member tell us via Elements which is which?  **Faculty do not have an easy way in Elements to identify preprint vs. published.  May need structure here.**

Deposit Agreement

By clicking to Publish in Figshare, you (the author(s) or copyright owner) grants to Midwestern University the non-exclusive right to reproduce, translate (as defined below), and/or distribute your submission (including the abstract) worldwide in print and electronic format and in any medium, including but not limited to audio or video.

You agree that Midwestern University may, without changing the content, translate the submission to any medium or format for the purpose of preservation.

You also agree that Midwestern University may keep more than one copy of this submission for purposes of security, back-up and preservation. 

You represent that the submission is your original work, and that you have the right to grant the rights contained in this license. You also represent that your submission does not, to the best of your knowledge, infringe upon anyone's copyright.

If the submission contains material for which you do not hold copyright, you represent that you have obtained the unrestricted permission of the copyright owner to grant Midwestern University the rights required by this agreement, and that such third-party owned material is clearly identified and acknowledged within the text or content of the submission.

If the submission is based upon work that has been sponsored or supported by an agency or organization other than Midwestern University, you represent that you have fulfilled any right of review or other obligations required by such contract or agreement.

Midwestern University will clearly identify your name(s) as the author(s) or owner(s) of the submission, and will not make any alteration, other than as allowed by this license, to your submission.

Published Content Embargo Period

An embargo period is a set of time which the full text will be hidden before it is available in the repository.

For example:

  • Faculty member submits an item with both metadata and full text file on August 3, 2021.
  • Faculty member sets a 6-month embargo.  Metadata will be immediately published.
  • Full text file will be available February 3, 2022.

Copyright & License Types

Copyright and CC Licenses

 

When you are uploading an item to the repository, you will be asked to select a license.  Below are the options and a brief explanation of the use.

More information on Creative Commons (CC) licenses: https://creativecommons.org/about/cclicenses/.  You also have the ability to select In Copyright.   See below for details.

CC-BY (figures, media, posters, papers, filesets)
  • By licensing your research outputs under CC-BY, figshare ensures that your research is openly available, but requires that others should give you credit, in the form of a citation, should they use or refer to the research object. This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.
CC0 (Metadata only & datasets)
  • CC0 can be particularly important for the sharing of metadata only, data and databases, since it otherwise may be unclear whether highly factual data and databases are restricted by copyright or other rights. Databases may contain facts that, in and of themselves, are not protected by copyright law. CC0 is recommended for data and databases and is used by hundreds of organizations. It is especially recommended for scientific data. Although CC0 doesn’t legally require users of the data to cite the source, it does not take away the moral responsibility to give attribution, as is common in scientific research.
In Copyright
  • You might need to select "In Copyright" if you are depositing a version of a publication where you have signed over copyright to the publisher but the publisher still permits a version to be submitted the Institutional Repository.
  • You might also select "In Copyright" if you the author/ copyright owner intend to retain all copyrights and not assign a CC license.
  • An individual who examines your submission in Figshare will see a message that the Item is protected by copyright and/or related rights and that they would be free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to their use. For other uses they will be informed they need to obtain permission from the rights-holder(s).

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