Copyright

What do I agree to, when I submit my work to the Archive?

When you agree to the UMB Digital Archive Non-Exclusive Distribution and Preservation License, you grant the Archive the non-exclusive right to:

• Store, reproduce, publicly display, disseminate and distribute the submitted work
• Preserve the work in any medium or format now existing or developed in the future for any purpose related to preservation of the work or operation of the Archive

You also agree that

• You are responsible for ensuring works do not infringe upon any copyright and that a work does not contain any confidential or proprietary information
• You are responsible for any copyright violation arising from works that you have submitted to the Archive
For additional information, see the UMB Digital Archive Copyright Policy for submissions.

What rights do I retain to my work when submitting to the Archive?

As the author you retain copyright in your works that are deposited in the Archive. Under the Non-Exclusive Distribution and Preservation License, you also retain all rights to the further distribution of your works.

If I submit a work to the Archive, can I distribute it somewhere else?

Yes. The license granted to the Archive is non-exclusive, so you would be able to distribute the work in other ways such as your departmental or personal website. If you intend to publish the work, check with your publisher first to see whether they allow prior distribution.

If I no longer hold the copyright to a publication, can I still submit it to the Archive?

If you no longer hold copyright to previously published materials, you must obtain permission from the publisher or current copyright holder in order to deposit the work.

Some publishers do allow re-distribution for digital archival purpose. Check the SHERPA database to see the policy of your publisher. If information is not available from SHERPA, check the publisher’s website. It may have information under headings such as “copyright” or “information for authors.”

What if the University owns the copyright of the work?

If the University of Maryland is the owner of copyright in a work, permission to include the work in the archive should be provided by an authorized representative of the UMB school or unit in which the work was created using the UMB Digital Archive – Contribution of Work Agreement.

If a work has been created for a UMB school or unit by an outside vendor or non-UMB personnel, the terms of the agreement or contract under which the work was made should be checked to ensure UMB has rights to reproduce the work in the archive.

How do I determine if the University owns the copyright of the works created under funded projects?

If the work is a product of federal or state government funded project, the funding document (grant or contract) should be checked regarding deliverables and copyright. If the grant or contract states UMB owns the rights or has a license to use the material for educational purposes, it should allow the work to be deposited into the Archive.

Commercially sponsored research agreements need to be reviewed with extra care for restrictions related to copyright, confidentiality and trade secret information, as such grants and contracts are much more likely to have restrictions which might prevent inclusion of materials in the Archive.

For more assistance, please contact us.

What is the Creative Commons license?

Creative Commons provides alternative licenses whereby you can release some of the rights you are automatically assigned by copyright law. Creative Commons license choices specify whether you allow commercial use of the work, whether you allow modifications to the work, and whether you allow derivative works to be created based on your work.

When you submit content to the Archive, you see a Creative Commons form that allows you to identify the license to be used with the work you are submitting, so people can know what they’re allowed to do with your work. This form is optional; you can skip it if you wish to retain your full copyright.