Publications on DuEPublico, the document and publication server of the University of Duisburg-Essen, are always open access.

In doing so, the author retains the rights to the publication.

Find out here, in which licensing framework you can publish on DuEPublico.

Copyright regulates that content may only be disseminated and used if expressly permitted by all authors.
Therefore, it is always "All Rights Reserved". Publishing on an institutional open access repository such as DuEPublico only allows reading a publication.

All rights reserved

  • The use of the content is only allowed within the scope of the citation right.
  • Otherwise, permission must always be obtained from the author.
  • If no permission is obtained, any further use will be unlawful.

Any potential further use (distribution, republication, translation, changes to the document, etc.) requires the consent of the author.

This consent can be requested individually from the author or given generally via licenses. The licenses establish conditions that must be observed when re-using. There is no law-free area, but on the contrary legal certainty for authors and users.

Granting of a license (Open License)

  • The authors of the publication set the terms of use ("release some rights" or "some rights reserved").
  • The authors do not give up their rights, therefore the work may not be handled completely freely.
  • For publications: e.g. CC licenses
  • For software: e.g. GPL licenses
  • It applies:
    • Only work on the basis of copyright as a legal framework.
    • The licensor must hold the rights to license.
    • All authors must agree to the license.

The most popular licenses for publications are the Creative Commons (CC) licenses, which are also recommended in DuEPublico if you choose to grant a license in your publication.

The CC licenses consist of the following four components:

Authors must be named; copying, distribution, modification etc. is allowed:

  • Unlimited license to use, reuse, and republish the content.
  • But there are obligations that have to be met:
    • Authors must be named.
    • Copyright notices must be given (reference to the CC license (e.g., as a link) and a link to the original source).
    • Changes and adjustments must be noted.

The newly created work must be licensed at a publication comparable to its source:

  • The work may be changed and modified versions may be published, but only under the original or a compatible license.
  • If somebody changes the work and releases the new version, the same rights that were applied to the original work must be granted to new users.
  • Without the Share-Alike commitment (ie, CC BY only), modified versions of the work could be "unfree", e.g. published and distributed under proprietary licenses. This may contradict the original author's intentions.
  • Furthermore, the provisions of CC BY apply.

Change of the work is not allowed:

  • Only exact copies of the work may be shared.
  • No editing of the work allowed (including, for example, translations).
  • Furthermore, the provisions of CC BY apply.

Commercial use is excluded from licensing:

  • The work should not generate revenue.
  • The content may not be used commercially.
  • The meaning "non-commercial" is not trivial (s.u.).
  • Furthermore, the provisions of CC BY apply.
Commercial means:
any use that is primarily directed to a business advantage or monetary compensation. This already includes the imprint of the work, e.g. in a newspaper or as a book. For more information, see the pages of irights.info.
NC-licensed works can not be spread so widely and easily:
  • For example, content that is NC-licensed can not be registered in Wikipedia.
  • About institutions that are not (exclusively) publicly funded.
  • The publication of the full text in blogs (advertising is placed there) is also not allowed.
    (-> difficult to distinguish from pivate Blogs)
Tip:
Who wants to exclude commercial use can use the SA component instead of NC. Here, commercial companies after use and resulting re-use are forced to publish again under a free license.

  

Six different license models can be generated from these four components and used in DuEPublico. For more information, please also look at the original licenses on the Creative Commons web pages.

Through the Creative Commons license, various licensing models are summarized with which the author can determine the rights of use of his work.
The following license models are offered:

Icon CC BY CC BY Attribution
Icon CC BY-SA CC BY-SA Attribution, share alike
Icon CC BY-ND CC BY-ND Attribution, no derivatives
Icon CC BY-NC CC BY-NC Attribution, non-commercial
Icon CC BY-NC-SA CC BY-NC-SA Attribution, non-commercial, share alike
Icon CC BY-NC-ND CC BY-NC-ND Attribution, non-commercial, no derivatives

You can find more information on CC licenses here:
https://de.creativecommons.org/index.php/was-ist-cc/.

The CC licenses are available in different versions. The latest version is 4.0, which is also recommended on DuEPublico.

In a publication or a document, there are often several rights side by side:

  • copyright,
  • related property rights (ancillary copyright, database law),
  • trademarks,
  • design rights,
  • personality rights.
An example:

The source code of a computer program may be protected by copyright and the underlying idea by patent law. For example at Microsoft, trademark right has to be considered as well.

Please note:

All contents on these pages are for information purposes only and are not legally binding.

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FAQ

Contact

openaccess.ub@uni-due.de

Katrin Falkenstein-Feldhoff
+49 (0) 203 379 1504

University Clinic Essen

Katrin Wibker
+49 (0) 0201 723 3330