Copyright Office

Clause 1

What are 'Work' and the 'Eprint Repository'?

The work referred to in this clause is the item that you have fully described in the online deposit process.

Clause 2

You are?

Eligibility to deposit works in UMER is determined by UMER policy.

Clause 3

What rights are you granting the University?

This is the clause by which the author grants the University the right to use their work by making an online copy available for public access in the UMER Repository.  You will notice that some of the clauses aim to 'future-proof' UMER by allowing flexibility for technological and structural changes.

Some of the terms in this clause may be unfamiliar:

Non-exclusive licence
You are giving the University a licence to use your work. The University is not asking for 'exclusive' rights to use your work.  Instead, the University’s rights are 'non exclusive', which means that the author may grant similar rights to others. In short, this agreement does not prevent you from publishing the work in future publications or on other web sites.

World-wide
Under this clause, the University can exercise its rights anywhere in the world. This is necessary for publishing on the internet where access cannot be restricted by territory.

Sub-licensable
Please note that this clause gives the right to the University to sub-license limited rights under this Agreement. The University can only sub-license the rights enumerated in Clause 3. There may be situations where this would be useful for the University; for example, the University may at some future date decide to participate in a national or international database of theses. This clause would allow the University to make a copy of your work available. This clause is part of the effort to make UMER flexible enough to adapt to unforeseen changes.

Royalty-free
The University will not generate any income from providing access to your work on UMER since users will not be charged any fees. Accordingly, the University is clear that you give a licence to make your work available on the Repository without payment. However, you will have the benefit of the impact generated by the exposure of your work on an open access repository.

Clause 4

What do you warrant?

This warranty should be read with care. You are required to agree that you have all the rights in place that will allow you to enter into this agreement. If you are in any doubt about the meaning of this clause, please contact the Copyright Office and/or seek legal advice.

Clause 5

No obligation to deposit

The University reserves the right to refuse to deposit an item in UMER. This may occur if the item does not comply with some standard set in this Agreement

Clause 6

University not liable

You acknowledge and agree that the University is not responsible or liable for any breach of your intellectual property rights in the Work, including any breach of copyright, as a result of the use of the Work pursuant to this Agreement.

Clause 8

Do you retain ownership?

The author retains ownership of the copyright because they are only licensing the University to use the Work