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1. Author Obligations
Notre Dame University - Louaize (NDU) faculty, staff, administrators and students who produce scholarly works may have their works deposited in the Institutional Repository as long as the criteria specified hereof are met. By depositing materials to the Institutional Repository, authors acknowledge that deposited materials do not infringe upon or in no way violate any copyright, trademark, patent, or other third-party rights.

1.1. Publisher Permissions/Restrictions
Normally, when authors publish books, book chapters, or journal articles, they sign a licensing agreement which transfers all or some of their rights to the publisher. Therefore, in order to avoid any legal issues, depositors are responsible for checking their signed agreement with the publishers before submitting their works to the Institutional Repository. Generally, authors who own the copyright should be able to deposit their works in the Institutional Repository. However, in joint authorship and collective works, the contribution may be combined into inseparable or interdependent parts; hence, authors may be joint copyright owners. A good example of joint copyright ownership is articles written by more than one author, or books in which different chapters are written by different authors. In such cases, a written permission from all copyright owners should be provided by the depositor in order to have his work archived in the repository. Copyright permission provided orally will not to be considered.

1.2. Published, pre-print, and post-print versions of scholarly works
The published version of a work cannot be deposited in the repository without permission from the publisher. Depositors are responsible for securing written permissions from publishers if they wish to submit a published version of their work to be deposited in the repository. Publishers may grant the rights for authors to post a pre-print (the version of an article before peer-review), or post-print (the revised version of an article after peer-review, – but not the final version used by the publisher) version of the work on their websites, or in the Institution’s Repository, with some of them requiring acknowledgement to be included in the deposited version. Depositors can look at the publisher’s website, or at sources such as the SHERPA/RoMEO for more information on publishers’ policies on copyright to determine if and how a work may be submitted to the Institutional Repository while noting that NDU does not verify the information on that site.

1.3. Works in Open Access (OA) journals
Articles submitted for consideration or published in Open Access journals may enjoy liberal and less restrictive policies depending on the publisher or the type of Open Access module. For instance, in Gratis Open Access module, normally, copyright is transferred to the publisher; hence, a work cannot be distributed further or re-used without permission from the publisher. Whereas in Libre Open Access module, works can be re-used without legal restrictions and without authorization from the author or the publisher. Normally, Libre Open Access publications are licensed under one of six Creative Commons (CC) licenses. If a work carries a Creative Commons license, (typically attribution CC BY), it can be used, shared and reproduced for all non-commercial or commercial uses, but must be given proper attribution in reuse. The CC BY is the most common license and is recommended for maximum dissemination and use of works. Depositors whose works are published in Open Access journals should have sufficient information on publishers’ copyright policies to determine if, and how their work may be submitted to the Institutional Repository.

1.4. Works containing images or other content
If the deposited work contains images, graphs, photographs, or other content for which a permission is necessary to obtain prior to publication, authors are responsible for carefully reviewing whether the permission obtained allows them to include their work in an institutional repository for open access. If in doubt, NDU Libraries reserve the right to reject the deposited work, or remove it as a precautionary matter.

2. NDU Libraries Obligations
The NDU Libraries are committed to provide worldwide access to the content deposited in the repository and will adhere to any access restrictions specified by copyright holders, such as embargo, while striving to abide by publishers’ policies. For instance, authors may wish to deposit an article in the Institutional Repository where full-text access may only be available after a period of time. However, access to the abstract will be provided upon submission approval. There are several reasons why authors decide to embargo their work, such as balancing the publisher’s interest in terms of revenue and ensuring public discoverability of deposited materials. It is advisable for copyright holders who wish to embargo their work to discuss the embargo period with publishers.

3. NDU Libraries Rights

  • The NDU Libraries shall have the right to archive, reproduce and distribute deposited works for non-commercial, educational, and preservation purposes.
  • The NDU Libraries shall have the right to convert or migrate deposited works to any medium or format, without any alteration of the content.
  • The NDU Libraries shall reserve the right to reject the deposit of materials if fulfillments of the conditions specified in this document are not met.
  • The NDU Libraries shall have the right to remove deposited works from the Institutional Repository for professional or administrative reasons. However, a metadata citation of the deposited works may remain available for visibility purposes.
  • The NDU Libraries are not responsible for and under no obligations take any legal action on behalf of authors or copyright holders in the event of breaching Intellectual Property rights.

4. Deposit License
Authors depositing materials in the NDU Libraries Institutional Repository will sign a non-exclusive irrevocable deposit license. By signing the deposit license, authors do not give up the copyright of their work, nor do they transfer the author’s rights to the university. The license will only secure the consent of copyright holders to allow educational and non-commercial use of their work with respect to the NDU Libraries Obligations and the NDU Libraries Rights sections.

5. Using Content
In using content from the Institutional Repository, NDU shall not be regarded as a publisher; hence, it bears no liability for how the content is used. The NDU Libraries adopt an Open Access Institutional Repository module. Therefore, if deposited items are not published or covered under copyright laws, a Creative Commons license such as CC BY or CC BY-NC will be applied. The Creative Commons licenses provide authors with a variety of options to protect their Intellectual Property while ensuring wide discoverability and dissemination of their work.

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