INTELLECTUAL PROPERTY

Copyright of the scientific-technical production UPC

6 actions to improve the visibility and dissemination of researchDRAC, E-prints/Conferences UPCFUTUR 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):

  • Management of the curriculum of the PDI
  • Management of the catalog of the research groups and accredited research groups
  • Preparation of the memoirs of the basic units and the research groups
  • Calculation of points for research activities (PAR)
  • Dissemination of the academic activity of the UPC

E-prints/Conferences UPC

Parts of the institutional repository UPCommons, which includes the scientific and technical production of the UPC:

  • Books and book chapters
  • Magazine articles
  • Texts in conference proceedings (presentations or abstracts)
  • Conference papers (posters or presentations) 
  • Other scientific-technical documents
  • Architecture and urban planning competitions

DRAC Link to UPCommons, a link that guarantees the visibility and accessibility of the university's production, as well as its conservation and preservation.

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.

    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 rightsoperating 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.
    Exploitation rights

    The reproduction, distribution, public communication and transformation of the works are forms of exploitation of the same:

    • Right of reproduction: copy of the work (photocopy, scanning ...)
    • Right of distribution: delivery of physical copies of the work (loan, rental, distribution of copies ...)
    • Right of public communication: dissemination of works without delivery of physical copies (publication on websites or intranets, screening of films or presentations, broadcasting of musical works ...)
    • Law of transformation: creation of derivative works (translations, adaptations ...)

    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:

    • If an author assigns non-exclusive rights to third parties (magazine, publisher, conference ...), ONLY he may authorize other acts of exploitation to third parties (such as the dissemination of the work to a repository or the granting one of the licenses Creative Commons.
    • The contract of assignment of rights or the rules of publication of the publisher and / or magazine must specify which specific rights the author assigns in a non-exclusive way (reproduction, distribution, public communication and / or transformation), and for how long. and territorial scope.
    • If the transfer agreement or publication names do not specify this data, the assignment is limited to 5 years, in the country in which the transfer is made, and to the types of exploitation that are indispensable for the fulfillment of the contract.
    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:

    • When an author assigns his rights exclusively to a third party (magazine, publisher ...) it is this recipient who may authorize non-exclusively other acts of exploitation to third parties (such as the dissemination of the work in a repository). , with or without a license Creative Commons).
    • The author must know what specific rights he has granted exclusively (reproduction, distribution, public communication and / or transformation), and with what duration and territorial scope.
    • If the transfer agreement or publication regulations do not specify this data, the assignment is limited to 5 years, in the country in which the transfer is made, and to the types of exploitation that are indispensable for the fulfillment of the contract.

    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:

    • The transfer to the employer of the exploitation rights of the work created under a labor relationship shall be governed by what has been agreed upon in the contract, which must be made in writing.
    • In the absence of a written agreement, it is presumed that the rights of exploitation have been granted exclusively and with the necessary scope to carry out the habitual activity of the employer at the time of delivery of the work carried out in virtue of this labor relationship.
    • The employer can never use or have the work in a sense or for purposes other than those derived from what is established in the previous points

    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.

    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").
    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: 

    • final author vesion (accepted manuscript)
    • accepted author manuscript
    • preprint author accepted version of the work
    • the original version after any changes made during peer review but before anything editing
    • etc.
    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: 

    • published journin the article
    • final PDF version
    • final paper, PDF
    • editorial, version or record
    • etc.

    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.
     

    • If the exclusive holder of the rights does not authorize the public dissemination of any version of the document, it is only deposited in camera to ensure its preservation and conservation, and / or futurto publication when the rights holder allows it. For example, this would be the case for articles that can only be disseminated once a embargo period set by the journal's publisher has expired.
       
    • In the specific case ofE-prints UPC, when the preprint of a work is available (unrevised document that does not enter the evaluation process of DRAC) and one of the corresponding postprints (revised document that is being evaluated), the postprint will be deposited in a closed manner even though it cannot be published with open access at the express request of the copyright holder.
    • Most commercial publishing houses allow the "postprint (author's final draft)" self-archive in a deposit after a seizure time, which is why It is very important that the author always keep this version to be able to deposit it and thus comply with the different mandates and the rules of PAR points of the UPC.

    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
    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
    • It is recommended that the author contact the publisher directly to try to obtain their authorization as well (for example, by explaining the non-profit objectives of the institutional deposit, or by negotiating the possible dissemination of the work within a certain period). of specific embargo).
    • If the publisher approves, but requests that a specific credit be mentioned (for example: "reproduced with the permission of Grupo Tecnipublicaciones"), this information must be sent to the library staff in order to that this one includes it in the descriptive record of the deposited document.
    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:

    • If the publisher has not published its copyright policy (in the magazine, website, Sherpa Romeo / Dulcinea ...), it has not been possible to contact him and, above all, if the author has NOT signed any assignment of exclusive rights, the document with open access can be deposited in E-prints/Conferences UPC. However, it is recommended to make this deposit without any CC license as there is no security of whether the journal has a policy that prevents public communication.
    • If the author does not remember if he signed an assignment of rights exclusively, it is preferable to make the deposit locked until this information is not obtained.
    • If the author signed an exclusive assignment of rights, the deposit may only be made in camera. In this case, the work with open access will only be published if the express permission of the publisher holding the exploitation rights is obtained.

      The following is a detailed procedure in this section graphically:

       

      As established by Regulations on the industrial and intellectual property rights of the UPC:

      •  "The development of a research project by members of the university community in the framework of its activity in the UPC, in collaboration or on behalf of third parties, regardless of the branch of knowledge to which it belongs, requires the prior signing of an R&D agreement, a collaboration agreement or a contract works of a scientific, technical or artistic nature or of technical support, as the case may be, in the terms provided for by the internal regulations of the UPC which is applicable. "[art. 6.1].
      • "The system of ownership of the rights over the results obtained in the framework of the execution of the corresponding agreement or contract, as well as the distribution of the exploitation rights deriving from them, must be provided for in the agreement. the contract. " [art.6.2].
         
      • "When carrying out these activities and negotiating agreements or contracts, the rights that may correspond to the UPC under the Regulations. "[art. 6.3.]

      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:

      • Many publishers and magazines accept the institutional repository of "preprints"
      • You can always try to negotiate the removal of the "preprint" or change the version uploaded according to the copyright rules of the publication (for example, by changing the "preprint" for "postprint" with the embargement demanded by the publisher)
      • If the author intends to publish his work and does not know the requirements of the futur publisher, you can raise your institutional deposit after you have published it.

        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.

        • It allows to identify the title, edition and price of a work published by a certain publisher or author / editor, using the ISBN database to locate it. However, non-commercial works do not refer to the database even though they have this digit.
        • It should be borne in mind that it is not an indicator of quality or scientific excellence, which is why the ISBN should not be requested for doctoral theses, papers, teaching materials, reports or other documents that have not been published with the 'aim to be intended for sale.

        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:

        • Have ISBN
        • Not a collection of conference proceedings
        • The papers and communications are valued according to the type of publication (abstract or full text) and depending on whether the congress is considered "notable" or not by the UPC
        • Have a minimum print run of 250 copies (paper books)
        • Be edited by accredited and recognized centers. 1-type books are not considered as edited for internal or external photocopy services to the UPC or similar
        • Be present at distribution centers (libraries or similar) external to the UPC (paper books)
        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.

        • A periodical publication is a publication, in any medium, that is published in successive parts, usually has numerical or chronological designations and is intended to be indefinitely (newspapers, magazines, yearbooks, reports, reports, guides ...).
        • Although it is not mandatory, it is recommended to grant an ISSN to all periodic publications (in paper or electronic version, free or for sales) for identification and location in the ISSN international database.
        • Before applying for an ISSN, the Legal Deposit must be processed.

        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:

        • Magazines present in the Iurnat Citation Reports SCI and SSCI
        • Journals present in the Arts & Humanities Citation Index
        • Magazines valued as "notables" by the UPC (e.g., depending on the number of citations received)
        • Magazines in which previous editions have been at JCR SCI and SSCI
        • Scientific and technical journals
        • Dissemination magazines

        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.


        Last update: 09 / 06 / 2020