Use of the work
Personal copyrights protect intellectual property. They are indispensable and non-transferable. The rights to use a work can be transferred to third parties, but this must be regulated by contract. There are two types of transfer of use:
- Exclusive right to use a work = third parties (e.g. publishers) are granted the exclusive right to use the work. The authors waive their own rights of use.
Authorisation to use a work = permits the use of a work subject to temporal and spatial restrictions.
Publishers often claim the exclusive right to use the work. In doing so, authors are not allowed to pass on their own articles or books or share them with their scientific community. With an additional clause in the publishing contract authors can retain
part of their own rights, for example in order to comply with Open Access requirements.
Contract-Addendum of SPARC
Info page on OA legal issues
The Papago tool was developed by the Universities of Fribourg and Lausanne and helps members of Swiss universities find out more about
their rights and obligations in regard to OA publications.