1. Legal Issues for Institutional Repositories: An Overview Tatyana Zayseva Baku Higher Oil School April 30, 2014

2. Baku Higher Oil School at a Glance  Baku Higher Oil School (BHOS) (Azerbaijani; Bakı Ali Neft Məktəbi) was established as a subsidiary of SOCAR in 2011  The Higher School is a state higher educational institution that delivers higher education programs in relevant degrees (bachelor, master and doctorate).  Education process is based on strong partnership relations with Heriot-Watt University (HWU), UK  The main language of instruction is English  There are three specialties – Petroleum Engineering, Chemical Engineering, and Process Automation Engineering.  Following the education results the students will get diplomas of BHOS and Heriot-Watt University  BHOS students and library have got access to all the HWU information resources, including VISION (Virtual Student Information Organisation Network) Baku Higher Oil School Library, April 30, 2014

3. Institutional Repository- What?  It is digital in nature.  Centralized collection of intellectual output of any organization.  Apart from intellectual output, administrative documents and teaching materials coming out of the normal academic life may be a part of IR.  IR may be single organization based or multiple organization based.  Open and free to members (Full access) or All (to a certain extent or full access) depending upon repository policy. Baku Higher Oil School Library, April 30, 2014

4. Registry of Open Access Repositories in Azerbaijan Baku Higher Oil School Library, April 30, 2014

5. Copyright Moral (non-property) Rights ( Article 14 of the Law Azerb. Republic “Copyright and related rights”)  Claim authorship by specifying the name of the author (right to a name)  Require maintaining the integrity of the product  CAN NOT be transferred to another PERSONS Property (economic) Rights (Article 15 of the Law)  Exclusive right to use the work  The exclusive right to authorize or ban on the use by other persons  Can be transferred (alienated) to another person Baku Higher Oil School Library, April 30, 2014

6. Provide Intellectual Property Rights support by  Encouraging your authors to liaise with publishers on the self-archival of their own work, striving for the immediate deposit of publications in repositories in the future  Discussing with your authors how to improve the dissemination of their work in the future and experimenting with them on making more material open access  Securing agreements between Library and author where possible –From Proudman, V. (2007) The population of repositories. In Eds. K. Weenink, etc., A DRIVER's Guide to European Repositories (pp.49 - 101) Baku Higher Oil School Library, April 30, 2014

7. Each Depositing Author’s Legal Relationship  If each author to claim that her/his work has been “stolen” by a repository for the repository’s reputation to suffer  Each repository should have its own “conditions of deposit” document covering issues such as copyright on third-party content)  To organize work in the repository you must obtain permission from the owner of property rights - to conclude an agreement on the use of the work Baku Higher Oil School Library, April 30, 2014

8. Repository Submission Policy  Authors may only submit their own work for archiving.  Submitted items are not vetted by the administrator. The validity and authenticity of the content of submissions is not checked.  Items can be deposited at any time, but will not be made publicly visible until any publishers' or funders' embargo period has expired.  Any copyright violations are entirely the responsibility of the authors/depositors. If the repository receives proof of copyright violation, the relevant item will be removed immediately. Baku Higher Oil School Library, April 30, 2014

9. Repository Preservation Policy Baku Higher Oil School Library, April 30, 2014  Items will be retained indefinitely.  Repository will try to ensure continued readability and accessibility.  It may not be possible to guarantee the readability of some unusual file formats.  Repository regularly backs up its files according to current best practice.  Acceptable reasons for withdrawal:  Journal publishers' rules  Proven copyright violation or plagiarism  Legal requirements and proven violations  National Security  Falsified research

10. Baku Higher Oil School Library, April 30, 2014 Deposit Licenses & End User Licenses  A comprehensive deposit and end user’s license agreement should cover a number of core topics, including  a depositor’s declaration;  the repository’s rights & responsibilities;  the end-user’s terms & conditions

11. Repository Deposit Licence  A deposit licence clarifies the legal positions of the depositor, the repository and to some extent the persons accessing material in the repository (end-users).  It sets out the rights and responsibilities of each party and the actions that may be taken if terms of the deposit licence are breached.  This is crucial because without a formal legal structure surrounding the deposit of material in a repository, it is likely that legal uncertainties will become an issue at a later date. –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald,, Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 ) http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

12. Repository Deposit Licence (cont.)  Your Repository Deposit Licence should set out:  The author grants to the repository the non- exclusive right to reproduce, adapt, publish, electronically communicate and distribute the material for the purpose of making the material available to end-users in the digital repository; –(from A Guide to Developing Open Access Through Your Digital Repository, Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 )http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

13. Repository Deposit Licence (cont.)  The author represents that they are the copyright owner and therefore have the authority to grant to the repository the rights contained in the licence (i.e. the right to reproduce, publish etc – as set out above), or that they have the permission of the copyright owner to grant the necessary rights –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald,, Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 )http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

14. Repository Deposit Licence (cont.)  The repository will not alter the material (except as allowed by the licence);  The author has the right to provide updated versions of the work;  Where the material has been published, citation of the published version should be included and clearly visible; –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald, Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 ) http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

15. Repository Deposit Licence (cont.)  Conditions under which administrators can remove material from the repository (e.g. where it is discovered that the research contained in the work is falsified);  Whether the repository administrators have any obligation to take legal action on behalf of the author and/or copyright owner if intellectual property rights in the material are breached; –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald. Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 ) http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

16. Repository Deposit Licence (cont.)  Author deals only with the repository, so the rights of end-users are determined by the scope of the Repository Deposit Licence ; or  Author deals with end-users through a direct licence (called an Author Distribution Agreement), for example through a Creative Commons Licence. –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald, Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 ) http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014 The rights of end users can be determined in two ways:

17. Repository Deposit Licence (cont.)  The repository is not legally responsible for any mistakes, omissions, or legal infringements within the deposited material;  Assenting to the licence and depositing material in the repository the author does not transfer copyright to the repository, so the author retains the right to make use of current and future versions of the work elsewhere; –(from A Guide to Developing Open Access Through Your Digital Repository, by Kylie Pappalardo and Dr Anne Fitzgerald. Open Access to Knowledge Law Project, http://www.oaklaw.qut.edu.au/node/32 ) http://www.oaklaw.qut.edu.au/node/32 Baku Higher Oil School Library, April 30, 2014

18. Repository's Rights & Responsibilities  It must be made clear to the submitting author that through submission of their work the copyright ownership is unaffected.  One way of doing this is for the deposit license to begin with the author granting the repository the nonexclusive right to carry out the additional acts...

19. Developing Open Access Through Your Digital Repository : Final Checklist Have you:  Decided who can deposit in your repository?  Decided what material will be included in your repository?  Decided whether your deposit policy will be mandatory or voluntary (and to what extent)?  Decided what format material must be in, whether it must be full text, and whether you will accept pre-prints? (from A Guide to Developing Open Access Through Your Digital Repository by Kylie Pappalardo and Dr Anne Fitzgerald, Open Access to Knowledge Law Project) Baku Higher Oil School Library, April 30, 2014

20. BHOS Repository Policy Baku Higher Oil School Library, April 30, 2014

21. BHOS Repository Deposit Licence Agreement Baku Higher Oil School Library, April 30, 2014

22. Сopyright and Distribution Agreement with Authors Baku Higher Oil School Library, April 30, 2014

23. Müəlliflik müqaviləsi Baku Higher Oil School Library, April 30, 2014

24. World Book & Copyright Day 2014 at Baku Higher Oil School Library Baku Higher Oil School Library, April 30, 2014

25. Thank you for your attention ! tatyana.zayseva@socar.az