BIROn has developed as an institutional repository within the SHERPA Project to house the research carried out at Birkbeck College. The aim of the repository is to make research freely available. One of the major concerns associated with making material available in institutional repositories is copyright. This guide is intended to provide information about some of the most frequently asked questions relating to repositories and intellectual property rights, and to give details of additional sources of information. It is not intended to be used as a source of legal advice.
Journal publishers and copyright
Journal publishers usually require authors to sign some sort of copyright transfer or license to publish agreement prior to the publication of articles. Each publisher has their own agreement, and so the rights that you retain will vary. Some of the rights that you may be required to sign over to the publisher are:
If a publisher does not permit you to retain these rights then as an author you may not do any of these things automatically. However, you may be able to seek permission from the publisher.
Some publishers (particularly "open access" publishers) do not require authors to sign a copyright assignment form. Instead they ask authors to sign a non-exclusive license to publish and allow authors to retain copyright.
How do I find out if I am permitted to deposit my paper in an institutional or subject repository?
Check if you have a copy of the agreement you signed. This may indicate whether or not you are permitted to make your paper available in a repository. However, some agreements do not explicitly cover this issue. Also, if the agreement appears to forbid deposit in a repository bear in mind that some publishers do change their agreement and apply this retrospectively.
If you do not have a copy of the agreement:
It may not be immediately obvious from a copyright agreement, or from information on a publisher's web site whether authors are permitted to deposit their article in repositories or not. These are some points to look out for.
To maximise the possibilities of adding your work to the repository, you should:
What should I do if I have included pictures, diagrams or anything else in my paper that is copyright to a third party?
You should have applied for permission from the copyright holder to include any copyright material in your paper before it was published. Check the permission that you received to see whether it covers further distribution of your paper on an open access website. If it doesn't, the repository staff will try to obtain further permission for you. It would help if you could let the repository staff have a copy of the permission so that they know who to contact. It would also be useful if you alert the repository staff (in the "Comments" section of the deposit form) that copyright material is included.
Find out more
Please note: this document can only provide guidelines and should not be relied on for legal advice.
For further information please contact Paul Rigg ext. 8067.