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4.1. Legal Framework for Publications on OPUS
Since 1/1/2014, a new secondary publication right (Zweitveröffentlichungsrecht - ZVR) has been anchored in copyright law (§38), which extends the existing options for publication of preprints and postprints in OPUS by an additional one: It gives authors the right to publish certain pieces of work as second publication, even if this right is not stipulated in a publication agreement concluded with the publisher.
In this context, the following conditions are applicable (more detailed information (in German) under
„FAQ der Allianz der deutschen Wissenschaftsorganisationen“):
- 12 months after primary publication, the accepted manuscript version – not the layout created by the publishing house – may be published in a repository. Any contrary agreement to the disadvantage of the author shall be invalid.
- Only contributions in journals appearing at least twice a year may be published for a second time. This does not apply to contributions from monographs, festschrift, proceedings and the like.
- The source of the primary publication must be mentioned.
- The right does not apply retroactively, but only for publications since 2014.
- All authors must give consent.
- An additional granting of CC licences is not possible in order to avoid collisions with publishing contracts.