Please note that this is a guide only and should not be relied upon for legal advice.
Who owns the copyright of the material deposited in the Flinders Academic Commons (FAC)?
The copyright of any material deposited in the FAC is retained by the author(s), or Flinders University, or publisher of the work - this varies depending on whether you are a research student or staff member at Flinders Univeristy, or publishing agreements you have entered into. Contributors click on a licence agreement when depositing material to the FAC that signifies that they own the copyright or have a licence (e.g. from Flinders University or the publisher) allowing them to deposit the item.
What rights do I grant when I deposit my work?
Depositors should be willing to grant the University the non-exclusive license to disseminate the item through the repository and to migrate the item (i.e., copy it) for preservation purposes.
This means that the University may:
- reproduce, translate, and/or distribute your submission (including the metadata and abstract) worldwide, in any format or medium for non-commercial, academic purposes only
- translate the submission, without changing the content, to any medium or format and keep more than one copy for the purposes of security, back up and preservation
What about material that has already been published?
In most cases, copyright is transferred to the publisher on acceptance of a journal article, book or book chapter, or conference paper. Check the copyright agreement form that you signed, and if you transferred "exclusive" or "all" rights to the publisher, you may need to request their permission before submitting it to the FAC.
However, more and more publishers now allow the self-archiving of your work in an institutional repository. This may be included in the terms of their publishing agreement or via their deposit policy. You can check publisher's copyright allowances and deposit policies using:
We can check publisher's terms on your behalf, please email email@example.com to discuss this.
What can I do to ensure my future publications can be archived in the FAC?
Check your author's agreement with your publisher each time you submit an article for publication to see if it allows for deposit in an institutional repository. You may be able to include an Author's Addendum, some examples of which include:
Science Commons Author's Addendum: a form that can be used to change the terms of a publisher's standard publication agreement to ensure that the author retains certain freedoms to use the article and to post it online
Sparc Author's Addendum to Publication Agreement: a form that may be used to modify publisher agreements, enabling authors to keep selected key rights to their articles. It covers distributing copies in the course of teaching and research; posting the article on a personal or institutional web site; and creating derivative works
Other legal considerations
Copyright is not the only legal consideration to think about; material should NOT be deposited if it:
- is intended for commercialisation
- contains confidential information
- would infringe a legal obligation of the author, institution or a third party, or
- contains a cultural sensitivity
Where can I go for more information?