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Short Scientific work at TU Delft as based on Article 25fa Dutch Copyright Act
The ambition within The Netherlands is to achieve 100% open access to which end many agreements have been made with publishers to enable TU Delft authors to publish open access. In 2022, TU Delft already published 98% of its reviewed articles open access but it is not yet possible for all types of publications and in all journals. Fortunately, Dutch copyright laws offer an alternative. Section 25fa of the Dutch Copyright Act, commonly known as the Taverne amendment, allows researchers to share short scientific work, regardless of any restrictive guidelines from publishers. Open access is done via TU Delft Repository after an embargo of 6 months after the first publication of the work.
Based on this legislation, the TU Delft Executive Board decided on 8 November 2022, to institute the TU Delft Short Scientific Work Scheme as a policy as part of the terms of employment. The scheme will start from 01-02-2023. Prior to the decision, the scheme was tested and approved in the TU Delft bodies of Works Council, Local Consultation and Group Council. Under the TU Delft Short Scientific Work Regulations, short scientific works (articles, conference proceedings or book chapters) are made free of charge available via TU Delft Repository six months after publication. This applies to the work of employees, and will in principle apply to guests and seconded persons (contract agreements). The application of the regulations for short scientific works is part of the TU Delft Open Science Programme 2020-2024.
Employee freedom of choice and Opt-out
Every author of short scientific work, has the right not to want to use Section 25fa of the Copyright Act. An opt-out can be requested by the author for each individual short publication or for his/her total work, also after the 6-month period.
TU Delft guarantee
TU Delft guarantees that it will legally and financially assist the employee who is the creator of a work in the event of an unexpected claim by third parties (publishers) as a result of the Open Access availability via the Repository. TU Delft will provide legal assistance and reimbursement of any costs, fines or damages. Based on the current, positive experiences at TU Delft (pilot) and at other universities, the chance of a possible claim and/or legal procedure as a result of the open access availability is estimated to be minimal. The guarantee also applies to guests and seconded persons to whom this scheme has been declared applicable.
This construction does not meet the requirements of Plan S and Horizon Europe because the articles become available after a 6-month embargo. Funders, united in Plan S, have a mandate that assumes open access publishing without embargo. Taverne is thus the solution for articles and other short work where there are no open access agreements with a publisher and where there are no obligations from a funder.
Conditions for inclusion of short scientific work
TU Delft Library makes publications available via the TU Delft Repository under the following conditions:
- At least one author is/has been employed by TU Delft during the creation of the work. Authors can be both corresponding authors and co-authors.
- Short scientific work has the length of a scientific article, conference contribution or book chapter in an 'edited collection'.
- Publications may be placed in commercial venues such as Research Gate. TU Delft is then not responsible for any claims by third parties in these environments. It is best for authors to provide links to the publications in TU Delft Repository in these environments. As a result, authors are legally covered against any claims.
- The effective date of work included in TU Delft Repository is no older than 01-01-2022. Exceptions are possible on request.
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