Green Open Access: Open in VU Repository (PURE)

Questions & answers

• Why should I make my publications Open Access?

  Publications of research that was funded with public money, should be accessible to the public. As a researcher working at Vrije Universiteit Amsterdam, you are expected to 'take every opportunity to share [your] knowledge and experience by means of Open Access' (VU Strategy 2020-2025). Analyses have shown that open access publications attract significantly more academic and social attention than publications ‘behind a paywall’. You are providing equal access to all and are strengthening transparency and trust in science.

• Why does VU want to make all short scientific work Open Access automatically?

  VU believes in the core values of Open Science. Not only does open publishing promote equality, but it also ensures that your publications are found by a broader public and have more impact. The University Library wants to help you by taking away the administrative burden of making your publications openly available. Of course, you may indicate if you do not want to make a publication Open Access. In that case, choose to opt out.

• What is Article 25fa of the Dutch Copyright Act?

  It is an amendment to Dutch copyright law that was passed in 2015. It is also known as the Taverne amendment. The law grants researchers a personal right to publish their short scientific work in Open Access irrespective of the right of publishers and/or co-authors. The published research should be at least partially funded by Dutch public funding.

  The verbatim text of article 25fa Dutch Copyright Act (Auteurswet):

  ‘The author of a short scientific work funded either wholly or partially by Dutch public funds is entitled to make that work publicly available for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work.’

• Wat is the VSNU-guideline?

  It is a practical guideline for the application of section 25fa of Dutch copyright law. The text of article 25fa Dutch copyright is at some points vague and needed clarification for practical purposes. In 2019 all Dutch universities participated in a successful pilot to test practical guidelines for this law. Publications of hundreds of researchers have been made available using these guidelines, without any legal objections from publishers. The guideline was therefore officially approved and sanctioned by The Association of Universities in the Netherlands (VSNU, now known as Universities of The Netherlands, UNL). Employees of Dutch Universities can use the guideline to publish their work in any non-commercial repository or on their personal website. VSNU/UNL has approved the guidelines and has pledged to guarantee full legal backing for all researchers at Dutch Universities who publish according to these guidelines.

  VSNU guideline for publishing Open Access under article 25fa Dutch Copyright Act (Auteurswet):

  A.    The work will be shared in its definitive, published version (VOR).

  B.    A reasonable period of time will be uniformly interpreted as six months, regardless of the discipline.

  C.    ‘First publication’ is the date on which the published version first becomes available online.

  D.    Short scientific work includes journal articles, as well as conference papers and individual chapters in ‘edited collections’. It does not include monographs or chapters of monographs.

  E.    Applies regardless if a publisher appeals to foreign law and/or only a (small) fraction of the co-authors has been funded by Dutch public funds. The inclusion of a researcher as co-author is prima facie evidence that his or her contribution is of substantial value to the final product.

• Do I need permission from my co-authors?

  No, Dutch law gives you a right to publish your own work Open Access irrespective of the rights of co-authors.

• Are all my publications eligible to be made Open Access automatically in the VU repository (PURE)?

  No, the regulation only applies to short scientific works. These are articles, 'conference proceedings' and chapters in 'edited volumes'. Moreover, only publications published during your tenure at VU Amsterdam can be made open automatically by the UB.

• Are all my publications published Open Access on 1 January 2023?

  No, making publications Open Access available in PURE also involves some manual work. So by mid-January 2023, publications with a publication date 2022/2023 will be made openly available first, after which both newer and older publications will be made publicly available.

• What if a publisher objects?

  The legal basis of the guideline was thoroughly researched and tested in a nationwide pilot. No legal objections were raised by any publisher. However, in case a publisher should object, VU Amsterdam guarantees you full legal backing. It is important that you contact the University Library (openaccess@vu.nl) as soon as possible when a publisher communicates any objections to you.

• What about the contract I signed with a publisher?

  Dutch law gives you a right to publish your own work Open Access irrespective of the rights you agreed on with a publisher. This particular section of Dutch law takes precedence over any contract you signed and takes precedence over foreign law.

• Can I use Article 25fa of the Dutch Copyright Act to share my publications on Research Gate or Academia?

  No, Research gate and Academia are commercial organizations. The law only allows you to share your work for no consideration, sharing through a commercial organization is therefore not allowed. You can however post a link to the publisher’s version PDF in the VU Research Portal.

• Do my publications meet Plan S-requirements when published under Article 25fa of the Dutch Copyright Act?

  No, if you receive Plan S-compliant funding you are required to retain your copyright, and publish without any embargo under a CC-BY license. This cannot be achieved with art. 25fa. Plan S requires that all publications resulting from research that is funded by funders participating in Coalition S will be published Open Access. In the Netherlands the Dutch Research Council (NWO), including ZonMW, are participating in Coalition S and will implement Plan S from 2021 onwards. However, a substantial amount of research at Dutch universities is not Plan S funded, and can be published Open Access using the guidelines.