DRAC, E-prints/Conferences UPC i FUTUR They are systems that allow to manage the scientific and technical production of the UPC, as well as offering free access as long as the author has the authorization of the holder of the exploitation rights.
Otherwise, the bibliographical references of the works deposited in closed are only publicly shown, which guarantees conservation and preservation.
Taking into account these premises, some indications are detailed that the PDI of the UPC must consider in order to guarantee the copyrights of third parties.
| Descriptor of Research and Academic Activity (DRAC) |
Information system with which the UPC manages the following activities related to the scientific and technical production of its teaching staff and research staff (PDI):
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Parts of the institutional repository UPCommons, which includes the scientific and technical production of the UPC:
DRAC Link to UPCommons, a link that guarantees the visibility and accessibility of the university's production, as well as its conservation and preservation. |
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| FUTUR |
Portal that offers academic information of researchers active in the UPC (professors, researchers, research support staff, training researchers and emérito teachers) and the retired PDI participating in the Program UPC Senior. The information gathered mainly comes from the information systems DRAC i UPCommons, in addition to the patent database Young, of the portal of European projects CORDIS id 'Altmetric. Of the authors who have works deposited in UPCommons, a link to the corresponding record of Futur in the event that these works come from DRAC. |
La Intellectual Property Law (LPI) grants to the author of a work all the rights on the same. These rights are mainly grouped into: moral rights i operating rights.
| Moral rights | A set of inalienable and inalienable rights, including the right to be recognized as such and the right to prevent modifications to his work that are detrimental to one's own legitimate interests. |
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| Exploitation rights |
The reproduction, distribution, public communication and transformation of the works are forms of exploitation of the same:
The exclusive exercise of these operating rights it is up to the author who, unlike moral rights, can assign them to third parties. Therefore, a third party's work may only be exploited when the exceptions provided for in the same law so allow or with the consent of its rights holder. |
Although the exploitation rights mentioned in the previous section originally belong to the author, he may transfer them to third parties with or without exclusivity.
| NON EXCLUSIVE CESSIONS |
They allow the recipient (cessionary) to use the work according to the terms of the assignment and in concurrence both with other assigners and with the transferor himself. His Right is unmissable. So:
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| Cessions in exclusive |
They attribute to the receiver (assignee) the right to exploit the work to the exclusion of another person (including the assignor himself) and, unless otherwise agreed, the right to grant NON-exclusive authorizations to third parties. So:
The assignee exclusively can convey to another his right with the express consent of the assignor. In the absence of consent, the transferees respond in solidum to the first assignor of the obligations of the assignment. |
| Wage earners |
It must be considered that, as established in51 article of the LPI:
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For example, the speaker author of a paper or paper presented at a conference, who has made a non-exclusive assignment of his speech to the editor or organizer of the conference, will be the one who can authorize the deposit to Conferences UPC. On the other hand, if the author has made an exclusive assignment, who will have this power will be the publisher or organizer assignee of the rights.
In the event that the author does not know what type of assignment he made, this information can be found on the congress website itself, detailed in the rules for the presentation / submission of papers. Otherwise, the author or the library reviewing the publication in DRAC must contact the organization or publisher of the conference.
L'Scholar's Copyright Addendum Engine (SCAE) is an online tool developed by Science Commons and the Publishing and Academic Resources Coalition (SPARC), where authors can easily obtain a document where they can tell the publishers of their articles the copyright they want to retain. Next, you just have to print it and attach it to the "copyright transfer agreement" (which must be signed and sent to the publisher).
The scientific and technical documents present several versions, depending on the state of publication in which they are:
| Preprint | Original document sent to the publisher for its possible publication. This is the pending version of acceptance (without "peer review"). |
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| Postprint (author's final draft) |
Document reviewed by the publisher, which he sends to the author before publication in the journal. This is the version pending publication (with "peer review" but without layout). Some publishers also call it:
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| Postprint (published version) |
Final version already published in the magazine. This is the PDF published with the publisher's layout (with "peer review") i which contains the ISSN, the volume, the page, the logo, etc. Some publishers also call it:
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This information is very important when you want to file a document as there are exclusive holders of the exploitation rights (publisher / magazine, company where the author works ...) that only authorize the public dissemination of one of the versions in concrete.
When you want to deposit to E-prints/Conferences UPC a document published or pending publication and no contract of assignment of rights is available, the author or the library that reviews the publication in DRAC must consult the copyright policy of the publisher and / or corresponding magazine .
In this way, you will be able to know if you can make the deposit effective and, if so, which version of the specific document you are allowed to deposit and under what conditions (with or without a lien, with or without a CC license ...).
This consultation can be done using the following collections, which detail the copyright policies of the main scientific / technical publishers / journals, as well as the self-archiving options they offer:
| SHERPA / ROMEO | International publications |
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| Variety: Merlot, Muscat, Mavrodafni | Spanish publications |
| Heloise | French publications |
These directories indicate which uses allow publishers to publish articles, with a link to the corresponding copyright policies.
Everlasting the information must be checked on the website of the publisher where his copyright policy is collected, since this one It is the main source where the information update is guaranteed obtained
It may be the case that the previous action does not provide the necessary information or that it says that the publisher of the rights does not allow the deposit of any version. In this case:
| Contact with the editor has been possible |
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| Contact with the editor has not been possible |
If, after exhausting all the previous actions, it has not been possible to obtain information on the conditions of the publishers for the institutional deposit of the work, it is possible to proceed as follows:
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The following is a detailed procedure in this section graphically:
As established by Regulations on the industrial and intellectual property rights of the UPC:
Therefore, the institutional repository it will only be carried out in accordance with the conditions accepted in the agreement or contract signed with third parties.
In case the PDI and PAS of the UPC Need more information on the subject, you can contact him Center of Technology Transfer of the UPC (CTT), a unit that offers various models of contracts with third parties and offers legal advice in the pre-contractual phase.
The author is the sole owner of the exploitation rights of his work, as long as he has not transferred them exclusively to third parties (magazine, publisher ...).
If you deposit the work a E-prints/Conferences UPC and in the futur it wants to publish it, it could only have problems if the recipient of the rights demands an exclusive cession of the rights and does not accept the previous diffusion of the “preprint”. However, it should be noted that:
The ISBN, assigned by the ISBN Agency To publishers or authors-editors (publishers of their own works), it is an identifying code of the works intended for sale that facilitates commercial transactions between clients clients, libraries, publishers, etc.
As detailed on the page "Bibliographic identifiers", when a unique identifier may be needed for non-commercial works, it is recommended to use the handle of the work deposited in E-prints/Conferences UPC and / or the Legal Deposit.
La UPC clearly states that the mere fact of having an ISBN does not provide any score in the evaluation of the publications made by the PDI (criterion established both in the PAR score of research publications and in the PAD score of teaching publications).
As set out in the documents "Criteria for the evaluation of research activities (PAR)"i"Modifications to the PAR points of the UPC (Agreement 16/2012 of the Governing Council - Document CG 18/02)", the evaluation criteria of the books created by PDI of the UPC are:
| 1 type books |
Books that have a clear orientation of research and that they comply TOTS these requirements:
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| 2 type books | Books that have other guidelines (for disclosure, manuals, etc.). |
As can be seen, although the existence of the ISBN is required for type 1 books, this feature does not provide any score on works that have not been published by approved and recognized centers, or distributed by bookstores or other centers. external to the UPC.
As detailed on the page "Bibliographic identifiers ", the ISSN, assigned by the Library of Catalonia, is a unique identification number for periodicals.
LA UPC It clearly states that the mere fact of having ISSN does not provide any score in the valuation of the magazine articles created by the PDI.
As set out in the documents "Criteria for the evaluation of research activities (PAR)"i"Modifications to the PAR points of the UPC (Agreement 16/2012 of the Governing Council - Document CG 18/02)", articles are valued according to the journal in which they were published according to the following classification:
As detailed on the page "Recording of academic activities and right to the image", there are several legal aspects that must be taken into account in the Recording and / or dissemination of academic activities in which individuals appear, in order to protect your right to honor, personal and family privacy and the image itself.
