Copyright – LENUS FAQ

 

 

How do I find out if I am permitted to deposit my paper on LENUS?

 

If you have already submitted material to a publisher check to see if you have a copy of the agreement you signed with a publisher.  This should indicate whether you are permitted to make your paper available on LENUS.  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:

 

  • Establish who is the publisher of your paper
  • Check the Sherpa/Romeo publisher policies list

http://www.sherpa.ac.uk/romeo/

 

 This list will provide you with details of a particular publisher’s policy with regard to copyright.

 

  • If a publisher does not appear on this list, or a policy is unclear LENUS staff will contact the publisher directly.
  • Alternatively, the author may want to contact the publisher to confirm the policy as any copyright violation is the responsibility of the author/depositor.

 

 

I have not submitted my research paper with a publisher and I would like to submit a copy to LENUS how should I proceed?

 

 

When you deposit an item on LENUS, you will be offered the opportunity to complete a Creative Commons Attribution Non-Commercial share-alike licence (or non-exclusive licence) which has been adapted for HSE, and you will be prompted to agree to it.  Agreeing to the terms of the license means:

 

  • You are giving permission to the HSE to distribute your work electronically (via LENUS)
  • It also licences the HSE to change the format of the file if necessary for preservation purposes in the future.

 

Permission to deposit in the archive is required from all the authors of a research paper.

 

By agreeing to this license you the author(s), copyright owner or agent, grant a non-exclusive license to HSE LENUS and confirm the following details:

 

  • You are the author, one of the authors, an agent of one of the authors, or the copyright holder of the work
  • You have authority to make this agreement giving HSE LENUS the right to publish the work in a repository
  • That the work is original and does not, to the best of your knowledge, infringe upon anyone else’s copyright.

 

In signing this non exclusive license the author, unlike in agreements reached with publishers retains copyright over the item and all rights associated with the authorship of the item.  Submitting to an open source archive such as LENUS has proven to be a valuable way of reaching a much wider audience and therefore may increase the impact of your work.  Details of the non-exclusive license is below

 

NON-EXCLUSIVE DISTRIBUTION LICENSE 

By signing and submitting this license, you (the author(s) or copyright owner) grants to the Open Repository Test Instance  (HSE Lenus) the non-exclusive right to reproduce, translate (as defined below), store 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 HSE Lenus may, without changing the content, translate the submission to any medium or format for the purpose of preservation. You also agree that HSE Lenus 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 HSE Lenus 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 HSE, YOU REPRESENT THAT YOU HAVE FULLY COMPLIED WITH ANY TERMS, CONDITIONS OR COVENANTS ATTACHED TO SUCH SUPPORT OR SPONSORSHIP THAT YOU ARE CONTRACTUALLY OR LEGALLY BOUND BY IN RELATION TO THE REPRODUCTION, TRANSLATION, DISTRIBUTION OR PUBLICATION OF THE SAID WORK.

 

 

 

HSE Lenus 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.

 

Do electronic theses require a special type of licence?

 

In most cases a non-exclusive license for theses similar to the one noted above is sufficient however there may be instances where particular restrictions need to be applied on a work including:

 

·        Where a thesis quotes extensively from other copyrighted material

·        Where a thesis will be published commercially

·        Where the content of a thesis is of a sensitive nature.

 

LENUS, allows authors to place restrictions on works that fall into this category during the submission process.

 

What should I do if my submitted work contains pictures, diagrams or anything that is copyright to a third party?

 

As author of a particular work you should have already applied for permission from the copyright holder to include any such copyrighted material before it was published.  If you have received this permission, check to see whether it covers further distribution of your paper on an open access repository such as LENUS.  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.

 

Do the HSE have permission to host all of the Irish Public Sector documents that appear on LENUS?

 

 

Yes, under Irish law, the European Communities (Re-use of Public Sector Information) Regulations 2005 and 2008 (Statutory Instruments No. 279 of 2005 and No. 103 of 2008), transposing into Irish law Directive 2003/98/EC of the European Parliament and of the Council of the 17th November 2003, places an obligation on public sector bodies to provide information about material they are prepared to release. 

 

A standard license of re-use of information has been prepared under these regulations and is available, together with the full text of the original European directive (2003/98/EC) in PDF format.  To view the terms and conditions of the license click on the link below

 

http://www.psi.gov.ie/psi-documentation-background-information

 

 

In addition to clarifying the terms and conditions by which Irish public sector information may be re-used the website also provides details of the agencies statutory and non statutory covered by the regulation.