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green road

  • Creator
    Discussion
  • August 4, 2015 at 3:05 pm #124985

    Christoph Bruch
    Participant

    Dear All,
    I’ve got a question that is not related to research data but copyright protected publications.
    Some research organisations advocate granting non-exclusive rights of a work to the employer before transferring exclusively copyright to a publisher thus ensuring the green road can be used without the need to get the publisher consent.
    According to my understanding of German copyright law this would only work if the author would inform the publisher about the previously granted rights as this impairs the exclusivity the exclusive transfer.
    Without the prior notice the author risks being sued by the publisher.
    Is the legal situation different in the US?
    Regards,
    Christoph
    Christoph Bruch
    Helmholtz Association
    Helmholtz Open Science Coordination Office
    W: http://oa.helmholtz.de
    M: +49 (0)151 14 09 39 68

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