Copyright

Before you send us your publication to add to KORA, we recommend that you assess your submission from a copyright perspective:

  • Is the material published or unpublished?
  • Who holds the copyright?
  • If publisher holds the copyright, determine whether the publisher allows depositing in an institutional repository. Are there specific conditions? In which format can the work be submitted (Preprint? Postprint? Publisher PDF?)
  • If third party material is included have you cleared copyright or ensured that the material falls under the Fair Dealing exception.
  • Has the work been published under a Creative Commons Licence?
  • Has the work been published in an Open Access Journal?

Copyright Q & A’s that help to answer the above questions:

If this is your work and unpublished and you have cleared all third party materials: You can submit to KORA

If this work contains third party material you will need to clear copyright or ensure the material falls under the fair dealing exception.

If this work has been previously published you will need to determine:

  • If your publisher allows depositing in a repository?
  • Are there specific conditions?
  • In which format can the work be submitted (pre-print; postprint; publisher PDF?)
  • To answer the above questions:
    • Review a copy of your Copyright Transfer Agreement (CTA) from your publisher to determine what rights you may have relinquished and/or kept
    • Search RoMEO for your publisher’s policy on depositing into an IR; Provides a searchable database of publishers' copyright and self-archiving policies for pre-prints and post-prints
    • Search JULIET Provides summaries of funding agencies' grant conditions on self-archiving of research publications and data
    • Contact the publisher directly by email or by online form from the publisher website to determine or request permission; below is a template for requesting permission from a publisher http://www.sherpa.ac.uk/documents/request_template.html
  • Work with your KORA team who will help with these questions

Creative Commons Licenses

If you are the copyright holder you may wish to assign a Creative Commons Licence to your work. A Creative Commons licence allows you to retain copyright while allowing others to copy, distribute and make certain use of your work. What use can be made is determined by the type of licence you select. There are 6 different Creative commons licence.

To learn about Creative Commons Licences click on the link to their website https://creativecommons.org/

Please note that you are not required to add a Creative Commons licence.

Copyright FAQs:

Who owns copyright?

In general, the author or creator of a work owns the copyright. Exceptions to this rule are:

  1. if you produced the materials as part of your employment, unless you have an agreement to the contrary; below is the wording from the Canadian Copyright Act section 13(3)

“(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.”

At KPU, faculty, staff and students will generally own the copyright in works they create through teaching and research, with certain exceptions. For Faculty, see section 18.02 of the Collective Agreement

  1. if you produced the work as a commission for another party
  2. if you voluntarily assigned your copyright to a third party such as a publisher.

{ top }

How are re-use rights of materials in KORA determined:

  • Through Canadian copyright legislation
  • Under a Creative Commons license if present
  • Under Copyright holder restrictions or stipulations

{ top }

Do I sign over my copyright when I deposit my works in KORA?

No, the copyright status of your work remains the same. You merely grant KORA a licence that allows your work to be made available on KORA and to preserve your work by migrating it into newer formats as technology changes.

{ top }

What if I am not the sole author?

It is not a condition of KORA that you need to obtain permission from your co-author(s).

{ top }

What if my work contains third party material?

Some use of third party material is permissible under the Fair Dealing provision of the Copyright Act. If your use is not covered under Fair Dealing, you will need to seek permission from the creator/rights holder if you want to include any third party copyright material such as extracts from books, journals or other publications, or illustrations such as images, maps, photographs, tables, etc. Note: the rights holder may be the author of a work, a publisher, an illustrator etc.

{ top }

How can I find out how to publish in a traditional journal while also making a copy of my article available for download in KORA without most copyright and financial restrictions?

See the Author Rights section of the Library’s Copyright Guide.

{ top }

What is a SPARC Canadian Author's Addendum to Publication Agreement?

See Author rights tab.

{ top }

How do I know if my funding agency requires or encourages depositing into an IR?

JULIET provides summaries of funding agencies' grant conditions on self-archiving of research publications and data.

{ top }

Will I be violating my copyright agreements with my publisher if I contribute previously published material to KORA?

This will depend on the publication agreement you signed with your publisher. Please check your copy of your Copyright Transfer Agreement. You can also check the SHERPA/RoMEO website for publishers' copyright and self-archiving policies to find permissions normally given to the author as part of each publisher's copyright transfer agreement. Many publishers allow some version of a previously published article to be deposited in an open access repository as long as you follow their conditions. You can also check your own publisher’s website. When in doubt it is best to contact the publisher directly for permission to contribute your article to KORA.

{ top }

What version of an article can I deposit in KORA?

This depends on your publisher. Publishers often permit authors to self-archive the final pre-publication version of their works, but this is not a universal practice. You can also check the SHERPA/RoMEO website for publishers' copyright and self-archiving policies. Of course, if you own copyright of your work, you can post whatever version you prefer though it is important to remember that some publishers do consider depositing to a digital repository to be "prior publication".

{ top }

What is a preprint or author manuscript?

Most publishers allow some version of the author's manuscript to be submitted to an institutional repository, with some of the more generous publishers allowing the publisher version to be deposited. There are different versions of an author's manuscript: Preprint: The "pre" in preprint means pre-refereeing (i.e., unrefereed) research papers, almost all of them prepared for submission to refereed journals (or refereed conference proceedings) for refereeing.

{ top }

What is a Postprint?

Postprint: The "post" in postprint means post-refereeing (i.e., refereed, revised, accepted final drafts of) research papers, all of them appearing in or soon to appear in refereed journals (or refereed conference proceedings). Note that the author's final draft (author's final version) will have the same content as the publisher's final version, but the author's final version has far fewer restrictions on it than the publisher's version of record. For example, the author's final version could be deposited in KORA, but the publisher version could not be deposited.

{ top }

What do I do if I can't find my publisher in Romeo? and/or if I believe I need to ask permission from my publisher

If you have published in journals that do not have clear guidelines on author rights for publishing pre-prints, post-prints, publisher PDFs, etc. you can inquire of the publisher/editor as to whether/what you can publish in our digital commons.

{ top }

How do I find where to send my request for permission letter?

Check the website of the publisher. They will often have a link at the bottom of the website entitled: ‘Terms of Use’ or ‘Contact Us’ or ‘Authors and Permissions’, and will give an email address of where to send the request. Often, it is easier to get permission from the publisher when the author contacts the editor they worked with during the publication process.
 

{ top }

How should I name my file?

N.B. This section is being worked on

{ top }

Where can I find current information and guidelines on Copyright?

The Library’s Copyright guide is a good source.

{ top }