Notes: Legal issues concerning Open Access publication

• Austrian copyright law protects “Individual creations in the areas of Authors

literature, musical art, visual arts and cinema” (Vienna University Library cannot be
2021) deprived of
• Moral right: “right to be recognised as author (§19 UrhG) and the right to their rights
decide if and how authorship has to be made explicit in connection with a
work (§20 UrhG) (Vienna University Library 2021) Don´t sign any
• Exploitation rights: “ensuring that their work can only by exploited by contract with
themselves or with their permission” either by themselves or by publishers exclusive
with a “Copyright Transfer Agreement” (Vienna University Library 2021) publisher
• contracts: need to be negotiated with the publisher; minimum: retainment of rights
“simple usage rights” → allows author to decide what to do with work in
future (Vienna University Library 2021)
• Right to secondary exploitation: If a paper was at least to 50% publicly
funded and was published in a periodical “Sammlung” then the author can
publish the paper within 12 months somewhere OA even if the publisher was
granted “Werknutzungsrechte” (Vienna University Library 2021)
• “Publishers' self-archiving policies” = ” allow secondary publication […] with
restrictions” (Vienna University Library 2021)
• Creative Commons licences = “non-profit organisation offering standard
licensing contracts for authors who want to grant the public usage rights to
their works”; four modules:
o “Attribution (BY): the author must be named.
o Non-commercial (NC): the work must not be used for commercial
purposes.
o No derivatives (ND): the work must not be modified.
o Share alike (SA): the work must be shared under the same licence
after any modifications.” (Vienna University Library 2021)
List of Reference

Vienna University Library. n.d. “Legal issues concerning open access publication”. Vienna University
Library. https://openaccess.univie.ac.at/en/publication-services/uscholar/legal-issues/#c104638 (18
April 2021)