Legal Overview

Section A: for Contributors of the Repository

1. Submission Policy
2. Withdrawal Policy
3. Content Policy

Section B: for Users of the Repository

4. Access Policy
5. Fair Usage Policy
6. Repository Rights and Responsibilities

Section C: Annexes

7. Depositor’s Declaration
8. Fair Usage Summary for all items of the Repository

1. Submission Policy (who can add Work to the Repository)

1.1. Any member of staff, researcher or research student at the University of Cumbria may submit research and scholarly items of adequate relevance and quality (“Work”) to the University of Cumbria Institutional Repository(“Repository”). By submitting a Work, the depositor confirms that they accept and will abide by the terms of the Depositor’s Declaration.

1.2. It is the responsibility of the depositor to ensure that the submission of the Work to the Repository does not infringe the intellectual property rights of any third party.

1.3. Items submitted to the Repository while under publisher embargo restrictions will not be made publicly visible until the embargo period has expired. Metadata-only records may be added to the Repository to indicate that a piece of work has been completed, even if the full-text document may not be uploaded. It is the responsibility of the depositor to ensure that the University is made aware that a Work is subject to publisher embargo restrictions at the point when the Work is submitted to the Repository.

1.4. Please note some journals maintain submission policies that state that a pre-print (the article text before publisher formatting) will not be considered for publication if it has been previously ‘publicised’, by being made available online. This is the journal policy and not part of a copyright transfer agreement; therefore it is not necessarily legally binding but you may wish to consider this issue if you plan to upload any documents to the Repository that you may want to publish later. You should also consider whether the Work contains any confidential material or whether depositing the Work will adversely affect your ability to protect the Work at a later stage (for example, if you wish to patent an invention).

2. Withdrawal Policy (when Works may be removed from the Repository)

2.1. Works will be held indefinitely within the Repository. They will only be removed if the Work infringes any intellectual property rights or other legal right, confidentiality or other legislation, or is otherwise inappropriate. Any requests to remove Works must be directed in writing to the Repository Manager at insight@cumbria.ac.uk. The metadata-record of the item may remain in the Repository if required.

2.2. It is our intention that Works deposited by staff members during their employment at the University will remain in the Repository even if that member of staff leaves the University. If a staff member would like such Work to be removed once they leave the employment of the University, they should apply to the Repository Manager at insight@cumbria.ac.uk in writing.

2.3. Works can be deposited in repositories at other institutions, provided that such an act does not infringe the intellectual property rights in the Work.

3. Content Policy (what Works may be added to the Repository)

3.1. Any form of research or scholarly output, including audio or video materials (please see 3.4 below), may be submitted to the Repository, specifically excluding items where:

3.2. Any item that has been disseminated externally e.g. conference paper or presentation, journal article, art exhibition or poster is considered to be published (it is deemed to be of adequate quality to be shared outside of the Institution). All items with this ‘published’ status that do not infringe the guidelines in 3.1 will be placed within the external area of the Repository unless the author(s) requests otherwise. Any items in the external area will be available openly on the internet and will be automatically included in search engines and UK/international repository search tools.

3.3. If an item has not been disseminated externally, but does not infringe the guidelines in 3.1., it will be considered to be unpublished and will be placed within the internal area of the Repository. Any items held on the internal area will only be available to staff and research students of the University of Cumbria but the metadata record (bibliographic details) of the item will be seen externally.

3.4 If the Work consists of audio or video material, you need to ensure that you have secured all necessary licences, waivers, consents and authorisations in relation to the audio and video material. This may include licences to use any music and waivers from any performers. If you wish to submit video material of minors, you will be required to provide evidence that the consent of the parents/guardian of the minor was obtained in relation to the filming of the minor and the inclusion of such material in the Repository before the material is added to the Repository.

4. Access Policy (perpetuity of access to Works in the Repository)

4.1. The University of Cumbria is committed to provide permanent access to the content of the Repository stored and maintained on the Institutional systems. However, due to the nature of IT systems, access at all times cannot be guaranteed and the University cannot guarantee that content will not be corrupted, inaccurate or deleted. You should retain your own copy of any Work you submit. Access to any external files linked to or referenced within the e-print documents or metadata cannot be guaranteed.

4.2. If the Repository must be closed down for any reason, the University of Cumbria will consider the possibility of storing the files and associated metadata on a similar system for archival purposes but cannot guarantee that this will be possible.

4.3. Anyone may access the metadata of all items held within the Repository. External visitors may only view the full-text files of documents approved for open access.

4.4. Staff and research students of the Institution may access the full-text of all documents submitted to, and made visible, on the Repository regardless of whether these are for restricted or external access.

4.5. The metadata held on the Repository is also exposed in a format compliant with the Open-Archives Initiative Protocol for Metadata Harvesting, thus enabling it to be harvested automatically by appropriate web tools.

5. Fair Usage Policy (what can the Work in the Repository be used for)

5.1. Any item and its associated metadata held in the University of Cumbria Institutional Repository (unless stated otherwise on the metadata record)

may be viewed, copied or stored in line with the JISC fair dealing guidelines

for educational and not-for-profit (i.e. non- commercial) activities

provided that

You may not

5.2. Failure to comply with this Fair Usage Policy (5.1.) may result in the infringement of the intellectual property rights in the Work

5.3. In the event that the intellectual property rights or any other rights in any of the Works are infringed by a party as a result of that party failing to comply with this Fair Usage Policy, any liability for such infringement will remain with the user and/or depositor. For the avoidance of any doubt, the user of the item will be held liable for any claim arising out of any breach of the guidelines set out in the Fair Usage Policy (5.1.).

6. Repository Rights and Responsibilities

6.1. The University of Cumbria makes no guarantees regarding any statements contained within the Repository; nor does it accept any responsibility or liability for any possible mistakes contained herein.

6.2. The University accepts no liability for any item that infringes the copyright or other rights of third parties. Such infringements are the sole responsibility of the depositors of the item.

6.3. The University of Cumbria will ensure that any inaccuracies reported to the Repository Manager at insight@cumbria.ac.uk will be resolved within 28 days by removal or amendment of the item or by the addition of an erratum file.

6.4. The University of Cumbria will ensure that any items alleged to infringe copyright or any other intellectual property rights or any other rights of third parties will be removed from the Repository within 14 days of this being reported to the Repository Manager at insight@cumbria.ac.uk.

7. Depositor’s Declaration

Before you upload your Work(s) into the Repository, you must be in no doubt that you have the right to do this.

Please consider all elements of the depositor declaration statement below before clicking the ‘I accept’ button to confirm that you have read, understood and agree to be bound by the content.

You may wish to use the SHERPA RoMEO tool as a guide to verify publisher guidelines.

Please email the Repository Manager at insight@cumbria.ac.uk if you have any concerns about proceeding with your deposit.

You will also find a legal glossary within the ‘Policies’ section of the repository that will explain some of the terms used in the statement below.

Depositor’s declaration

You (the depositor, authors(s), copyright owner(s) or assignee) must abide by the terms and conditions set out in this agreement before either depositing an E-print to the University of Cumbria Institutional Repository or granting permission for a member of the University of Cumbria Institutional Repository team to do so.

By agreeing to this licence, you (the depositor, author(s), copyright owner(s) or assignee), grant a non exclusive licence to University of Cumbria on behalf of the University of Cumbria Institutional Repository on the terms set out below and warrant:

The Repository’s Rights and Responsibilities

You confirm that the University of Cumbria through the Repository:

Software

Copyright in any additional data, software, user guides and documentation to assist users in using the Work shall belong to the University of Cumbria and any other parties that the University of Cumbria may choose to enter into an agreement with to produce such materials.

While every care will be taken to preserve the physical integrity of the e-print, the University of Cumbria shall to the extent permitted by law incur no liability, either expressed or implicit, for the e-print or for the loss of or damage to any of the e-print or associated data.

Disclaimer

The University of Cumbria assumes no legal responsibility for mistakes, omissions or legal infringements within the deposited e-prints.

To the extent permitted by law, the Depositor and the University of Cumbria shall be under no liability for any loss or for any failure to perform any obligation hereunder due to causes beyond their control, including but not limited to industrial disputes of whatever nature, Acts of God, hostilities, force majeure or any circumstances which they could not reasonably foresee and provide against.

Definition & terms

In this Agreement:

8. Fair Usage Summary for all items in the Repository

The University of Cumbria Institutional Repository is intended as a freely available sample of the research and scholarly work generated within the Institution. You are welcome to access and read any item made available to you on the basis that you follow the guidelines in the Repository Fair Usage Policy. The full policy can be found at http://insight.cumbria.ac.uk/policies.html, and a summary is included below.

Any item and its associated metadata held in the University of Cumbria Institutional Repository (unless stated otherwise on the metadata record) may be viewed, copied or stored in line with the JISC fair dealing guidelines for educational and not-for-profit (i.e. non - commercial) activities

provided that

You may not

For more information about fair usage please contact the University of Cumbria Repository Manager by emailing insight@cumbria.ac.uk