Rights & Licenses

Licensing and Reuse of Publications

Open Access publications provide authors with greater rights and flexibility: Unlike traditional publishing ("Closed Access"), authors retain control over their works by granting publishers non-exclusive usage rights. This allows them to assign a Creative Commons license to each of their publications, clearly defining how others are permitted to reuse their content.

Non-Exclusive vs. Exclusive Usage Rights

Non-Exclusive Usage Rights: When authors grant a publisher non-exclusive usage rights, they retain the ability to use their works elsewhere, such as for additional publication on their own homepage or on a repository like PubData. This enhances the visibility of their research.

Exclusive Usage Rights: Exclusive usage rights mean that all rights to use the work are transferred to the publisher. In this case, parallel publications through other channels are only possible for authors if the publishing agreement explicitly permits it.

Recommendation: Authors are encouraged to grant non-exclusive usage rights. This allows them to retain control over their works and supports the visibility and reusability of their research results.

Creative Commons Licenses

Creative Commons offers six predefined licensing modules that determine how readers may distribute and modify Open Access content. For each publication, authors assign a specific license.
 

Overview of the Six Licensing Modules

CC BY: Redistribution with attribution to the authors is allowed = maximum flexibility.

CC BY-SA: Like CC BY, but modified versions of the licensed material must be shared under the same license (i.e., CC BY-SA or a compatible license).

CC BY-ND: Redistribution with attribution to the authors is allowed, but no modifications are permitted.

CC BY-NC: Redistribution with attribution to the authors is allowed, but reuse for commercial purposes is prohibited.

CC BY-NC-SA: Like CC BY-NC, but modified versions of the licensed material must be shared under the same license (i.e., CC BY-NC-SA or a compatible license).

CC BY-NC-ND: Redistribution with attribution to the authors is allowed, but no modifications and no commercial use are permitted.

⇒ All CC licenses require that authors, the title of the work, and the license type are clearly mentioned, with links to the license text and the original source. Any modifications must also be clearly indicated.
 

Our Recommendation: CC BY 4.0 ! This license allows use for any purpose as long as the source is credited. It facilitates maximum dissemination and reuse of content. In contrast, licenses with the NC (non-commercial) and ND (no-derivatives) components significantly limit reuse, even in ways that may benefit authors, such as use in educational institutions not fully funded by public resources. Learn more about why CC BY is preferred over other licenses here and here.

Authors should also consider the requirements of their funding bodies. For instance, under Horizon Europe, the CC BY license is mandatory for Open Access articles.

Additionally, it is important to note that the selected CC license applies only to the original material. Third-party materials included in the work (e.g., images) may not be eligible for Creative Commons licensing.

For a concise introduction to "Creative Commons Licenses," watch the short video by openaccess.network: av.tib.eu/media/53409. Further answers can be found on the Creative Commons FAQ page.

Redistribution of Publications (Parallel Publishing)

Authors of open access publications can easily publish their works in multiple locations, as publishers are typically granted only non-exclusive usage rights. Even if authors have published behind a paywall and granted exclusive usage rights to publishers, they may still be able to make their works openly accessible under certain conditions, thereby increasing the visibility of their research findings.

⇒ Leuphana authors can facilitate parallel publishing of both open access and closed access publications via the PubData platform. For assistance, feel free to contact the PubData team at: pubdata@leuphana.de
 

Publisher Agreements and SHERPA/RoMEO

The publisher agreement specifies whether and under what conditions secondary publishing is allowed. Authors should review the following points in their agreements:

  • Which version of the original publication (preprint, postprint, publisher's version) is permitted for secondary publishing?
  • What embargo periods apply (e.g., 12 months after the initial publication)?
  • Where can the secondary publication be made available (e.g., institutional repository, commercial platforms)?

The Open Policy Finder can be used to check the specific terms of publishers/journals. While the database does not provide legally binding information, it serves as a helpful guide. 
 

Right to Parallel Publishing

Under §38 (4) of the German Copyright Act (UrhG), scientific contributions can be made publicly accessible again 12 months after their initial publication in the form of the accepted manuscript version (postprint), provided the following conditions are met:

  1. The research was at least 50% publicly funded.
  2. The contribution was published in a collection that appears at least twice a year.
  3. The secondary publication is for non-commercial purposes.
  4. The source of the initial publication is cited.

This right applies to publications from January 1, 2014, onwards and is independent of the terms outlined in the publisher agreement.

Contact

Gesa Baron
Universitätsallee 1, CB.107
21335 Lüneburg
Fon +49.4131.677-1183
gesa.baron@leuphana.de

Martin Bilz
Universitätsallee 1, CB.105
21335 Lüneburg
Fon +49.4131.677-1113
martin.bilz@leuphana.de