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UAlbany's Draft Open Access (OA) Policy

Information for the University at Albany community about the draft Open Access Policy

University at Albany Policy 2.1 | Draft -- 5/20/2020 | Open Access

A. Grant of License  

  1. Each University Author grants the University a non-exclusive, irrevocable, worldwide license to exercise any and all rights under Copyright relating to each of their peer-reviewed Scholarly Articles, in any medium, provided that the articles are not sold by the University, and to authorize others to do the same, for the purpose of making their Scholarly Articles widely and freely available. 
  2. The University Author retains Copyright ownership of the Scholarly Article. 
  3. Any other systematic uses of the licensed articles by the University must be approved by the Responsible University Official.  

B. Scope 

  1. The policy applies to all Scholarly Articles authored or co-authored while the University Author is an Employee or Student of the University except for any articles published before the adoption of this policy and any articles for which a University Author entered into an incompatible licensing or assignment agreement before the adoption of this policy.  

C. Waiver and Embargo 

  1. The Responsible University Official or their designee will waive application of the License for a particular Scholarly Article or Delay Access for a specified period of time upon written request by a University Author.  

D. Deposit of Scholarly Articles 

  1. To assist the University in disseminating and archiving the articles, University Authors commit to helping the University obtain copies of the articles. Specifically, each University Author who does not obtain a waiver of the License for a particular Scholarly Article as described in Section C above will be expected to do one of the following: 

i. provide an electronic copy of their Final Version of the Scholarly Article to the University Libraries by the date of its publication for inclusion in the Institutional Repository; or 

ii. if appropriate, the University Author will notify the University Libraries if the Scholarly Article will be freely available in another Open Access Repository or as an Open Access publication. 

Policy Purpose, Statement, Definitions

Faculty, staff, and students will be covered by this policy.

The Responsible Office is the University Libraries, and the Dean of Libraries is the Responsible University Official.

To set forth the University’s principles regarding open access dissemination of scholarship by University Authors. 

The faculty, students, and staff of the University at Albany are committed to sharing their research and scholarship as widely as possible. By adopting this policy, the University seeks to (a) assist researchers in meeting federal requirements that the results of all federally funded research be available to the public, and (b) help improve access to the scholarly works of University Authors. University Authors recognize the benefits that accrue to themselves as individual scholars and to the scholarly enterprise from such wide dissemination and increased visibility, including greater recognition, more thorough consideration and critique, and a general increase in scientific, scholarly, and critical knowledge. University Authors further recognize that by this policy, and with the assistance of the University, they can enhance their academic freedom by more easily and collectively reserving rights that might otherwise be unnecessarily relinquished in agreements with publishers.  

Copyright are the rights defined by U.S. Copyright Law (Title 17 of the United States Code) and Section 335.29 of Title 8 of the Official Compilation of Codes, Rules, and Regulations of the State of New York. 

Creative Commons Licenses are alternative licensing tools that balance access with traditional notions of intellectual property. Options include BY (attribution required), SA (“share alike”; future user must apply same license), NC (non-commercial uses only), and ND (only allows non-derivative use). 

Embargo/Delay of Access is a delay in the distribution of the work for a specified period of time. Under this policy, University Authors may request an embargo of any length, or honor a publisher’s request for one. 

Employee is any faculty member or staff employed by the University at Albany.  This includes permanent, temporary, full-time, part-time, hourly, provisional or any other person who is on the payroll of the University in any capacity. 

Final Version is an author’s final peer-reviewed manuscript – also known as the accepted author manuscript – of a scholarly article. 

Institutional Repository is a University’s Open Access Repository. 

License is the grant of rights made in accordance with U.S. Copyright Law (USC Title 17), allowing specified uses of a copyrighted work. 

Open Access is scholarship that is freely available online, free of cost, and free of most copyright and licensing restrictions, permitting users to read, download, copy, distribute, print, search, or link to the full texts of articles for any lawful purpose. 

Open Access Repository is any digital archive or platform designed to collect, preserve, and provide Open Access to scholarship via the internet with clearly defined legal restrictions on their use or circulation.  

Scholarly Articles refers to the kinds of articles produced in any medium through which authors share research results to advance research and human knowledge without expectation of payment. Peer-reviewed journal articles and peer-reviewed conference papers would normally be considered to fall within this category, but, for purposes of the policy, the definition is left to faculty discretion to allow for disciplinary differences. 

Student for the purpose of this policy is an individual for whom the University maintains student records and who: (a) is enrolled in or registered with an academic program of the University; or (b) has completed the immediately preceding term, is not presently enrolled, and is eligible for re-enrollment; or (c) is on an approved educational leave or other approved leave status, or is on filing-fee status. This definition applies to undergraduate, transfer, graduate academic, and graduate professional students. 

Waiver/Opt out means the University will not exercise the policy’s non-exclusive license described in section 3.B.1 below. A waiver can be obtained from the University Library website. 

University is the University at Albany, State University of New York. 

University Authors are Employees and Students of University at Albany who author Scholarly Articles, while employed by or as students of University at Albany, respectively.