Legal aspects of open access ****************************************************************************************** * ****************************************************************************************** For a publication to meet all of the characteristics of open access [ URL "https://opensci OSCIEN-10.html"] , access to it must be independent, i.e. the legal barriers to sharing th must be removed. A tool to ensure independent access to a publication is public licences, anyone to use the work under clearly defined conditions stipulated in the licence attached (thus there is no need to conclude individual licensing agreements with the author). ****************************************************************************************** * Libre open access versus gratis open access ****************************************************************************************** If a publication is made accessible under one of the public licences, it is known as libre where the publication can be shared (in accordance with the attached licence); access to t is independent. However, from the legal point of view, there should be a distinction betwe access (as described above) and a situation where a publication is made accessible on a we anyone can read it free of charge but is not subject to any public licence. This is known access or “read-only access”. The objective of gratis open access is to remove all financi preserving legal barriers – without the explicit consent of the copyright holder, the work or otherwise utilized for anything other than personal use. Thus, the conditions of open a meaning of the Berlin Declaration [ URL "https://openaccess.mpg.de/Berlin-Declaration"] , in 2013, are not fulfilled, and we therefore do not consider publications made available i access to be open access in the strict sense of the term. ****************************************************************************************** * Who decides what licence the work will have? ****************************************************************************************** The author of a copyrighted work is always the private individual who produced the creativ author (private individual) has both moral rights (rights attached to the author as a pers right to attribution) and proprietary rights (the right to use the work and to grant a lic person). If a work has more than one author, all co-authors of the work must provide their consent the work (e.g. to submit the work for publication, to license the work). The principle of majority, applies here. However, in the case of a work created by an employee (while performing their duties as an employer exercises the proprietary copyrights to the work directly. Hence, the employer is entitled to decide how the work is licensed or to conclude licensing agreements with publi only retains “simple authorship”. The specific conditions for employee works at CU are set Directive no. 17/2018 [ URL "https://cuni.cz/UKEN-796.html"] . This Rector’s Directive aut employee to represent the employer in granting gratuitous licences for non-commercial use work in a periodical or non-periodical publication. Another person who might be entitled to make decisions about proprietary copyrights to a w publisher who has an exclusive licence to the work that prevents the actual author from us In relation to publishers who require an exclusive licence (a Copyright Transfer Agreement required by foreign publishers), the issue of rights retention is often discussed. In prin a strategy ensuring that the author does not lose their rights to the work and can continu the extent necessary (e.g. to translate the work or self-archive the work without a time e find out more about this strategy on the website of Plan S [ URL "https://www.coalition-s. rights-retention-strategy/"] , an initiative of the cOAlition S consortium which supports promotion of a rights retention strategy. ****************************************************************************************** * Is your publication the outcome of a project? ****************************************************************************************** If your publication was created as an outcome of a project, find out what the Research Fun states in relation to open access, specifically: • whether it obliges you to publish the project outcomes under a specific licence (often a SA licence) • whether it obliges you to publish outcomes under that licence immediately (i.e. without that is used by many journals) The choice of journal should be in line with the obligations set out in the Research Funde – you should choose a journal that allows access to the publication under the terms set by For the gold open access route [ URL "https://openscience.cuni.cz/OSCIEN-39.html"] , you s a journal that publishes articles directly under the licence that the Research Funders’ Po Subsequently, such an article can be safely auto-archived in a repository (CU employees an use the CU Research Publications Repository [ URL "https://publications.cuni.cz/?locale-at For the green open access route [ URL "https://openscience.cuni.cz/OSCIEN-38.html"] , the not need to be published directly under the licence in the journal, but it is important fo of the journal to allow the author to auto-archive the article in the repository in accord Research Funders’ Policy. Considering the importance of selecting a suitable journal in terms of compliance with the Funders’ Policy, you should pay careful attention to the terms and conditions of the licen or the general licensing terms on the publisher’s website before submitting an article for If you need help interpreting the licensing terms, please contact the legal support [ URL openscience.cuni.cz/OSCIEN-14.html#9"] at the Open Science Support Centre.