ScholarsArchive@OSU Deposit Agreement

To properly administer this repository and preserve the contents of ScholarsArchive@OSU for future use, Oregon State University (“the University”) requires certain permissions from the copyright owner of the work being submitted (referred to herein as “Work”) (which initially should be the author(s) of the Work – though agreements could change that). By granting this license, you do not give up the copyright to your Work, nor do you give up the right to submit the Work to publishers or other repositories. You grant to the University the non-exclusive right to store, display, reproduce, make certain derivative works, and publish your Work for the purpose of dissemination in conformance with the visibility level that you select upon submission. Please note that you might have already given such rights, or broader rights, to the University and that this license does not narrow any prior grant of broader rights to the University. You agree that the University may translate the Work to any medium or format and keep more than one copy for the purposes of security, back up, and long-term preservation of the scholarly record. The University will not make any alteration, other than as allowed by this agreement, to your Work. Submissions that are abandoned by the depositor before completing the review and approval process will be subject to deletion according to the ScholarsArchive@OSU Orphaned Submissions Policy.

In all cases, by submitting a Work, you are warrantying that you own or have a license to the copyrights in the Work that allow you to submit the Work to the repository and for the repository to use the Work in the manner provided.

When you submit your Work you will have the option of selecting its degree of visibility on the Web, which will control who can access your Work (subject of course to the possibility that you have already provided broader rights to the University, in which event the University might make the Work more or less visible – i.e., these terms do not narrow any rights previously provided to the University). Certain terms apply to each visibility level:

Visibility Level: PUBLIC

By choosing the Public option you are allowing anyone in the world to view your Work. You may choose to apply one of several Creative Commons licenses to your Work, which are explained on the submission form and in the FAQ. These licenses allow you to set your own terms of use for anyone accessing the Work. You authorize the University to distribute your content under the terms of that Creative Commons license and to allow users of ScholarsArchive@OSU to do the same if your license choice permits that. If you do not choose a license, you grant to the University the non-exclusive right to distribute your Work  (and the metadata and abstract associated with Work) worldwide, in any format or medium for non-commercial, research, educational, or related academic purposes only. You also authorize the University to allow users of the repository to distribute your Work (and the metadata and abstract) worldwide, in any format or medium for non-commercial, research, educational, or related academic purposes only. The University will clearly identify your name(s) as the author(s) or owner(s) of the Work, and will not make any alteration, other than as allowed by this license, to your Work.

Visibility Level: Oregon State University

If you select the Institution access option, you have decided to restrict access only to users of Oregon State University's network (“University Community”) and only the metadata and abstract for your Work will be accessible to anyone outside of the University Community. Your Work will not be accessible to colleagues or students at other universities or to members of the public. If you want your Work to be accessible to the broader scholarly community, you should consider the regular Public option instead.

By clicking through this license, you grant to the University the non-exclusive right to reproduce, display, and distribute your Work (and the metadata and abstract associated with the Work) to students, faculty, staff, and walk-in users of the Oregon State University libraries, in any format or medium for non-commercial, research, educational, or related academic purposes only. You also authorize the University to allow the University Community users of the repository to distribute your Work (and the metadata and abstract associated with the Work) in any format or medium to other members of the University Community for internal University non-commercial, research, educational, or related academic purposes only. The University will clearly identify your name(s) as the author(s) or owner(s) of the Work, and will not make any alteration, other than as allowed by this license, to your Work.

Visibility Level: PRIVATE

If you have selected the PRIVATE access option in the ScholarsArchive@OSU deposit process, you have decided to allow the University a more limited set of rights than those afforded under the Public or Institution license options. Only the metadata and abstract for your deposit will be accessible to anyone other than yourself and repository administrators (and any of their agents). If you want your Work to be accessible to the broader scholarly community, you should consider the regular Public or Institution settings instead.

The following Terms of Use apply to ALL Works within the repository:

By accessing the Site, you agree to these Terms of Use.

The ScholarsArchive@OSU institutional repository (the Site) is maintained by Oregon State University Libraries & Press, in support of the University mission to disseminate information and research to scholars, educators and the public. The repository contains material provided by Oregon State University authors and by various third parties, both individuals and organizations, commercial and otherwise. Unless otherwise stated, this material is most likely protected under the United States Copyright Act. Users must seek permission from the copyright holder except in the following circumstances: the item is in the public domain (in which case there is no copyright – but please consider that a Work is only in the public domain if it is old enough that copyright protection has expired (as of 2017, for Works created after January 1, 1978, the copyright term is the author’s life plus 70 years, or for Works made for hire and anonymous and pseudonymous Works: 95 years from first publication or 120 years from creation), or it has been expressly dedicated to the public); the rights holder has given permission for the Work to be copied (e.g., applied a Creative Commons license granting permission or otherwise given permission for the Work to be used); the use falls under fair use or another provision of the Copyright Act privileging use.

Open Access Policy Articles. Some of the material within the repository consists of scholarly articles deposited under the Oregon State University Open Access Policy (“OAP Articles”), which gives the University certain rights to use and license others to use the material. Subject to the other provisions of these Terms of Use, you may use, reproduce, distribute, and display the OAP Articles for:

a. personal study;

b. teaching (including distribution of copies to students and use in coursepacks and courseware programs);

c. research and scholarship (including computational research uses such as data-mining and text-mining); and

d. provision of value-added services (including full-text searching, cross-referencing, and citation extraction);

provided in each case that:

i. you will not sell or charge for any OAP Article (whether or not any profit is involved) and will not sell advertising on the same page as any OAP Article;

ii. if you make an OAP Article available to others, you will retain with the article its title, the name of the author(s), a reference to these Terms of Use, and any copyright notice included on the original;

iii. if you make an OAP Article available on-line, you will use reasonable efforts both to cite to the publisher’s definitive version of the article if it has been published other than by the University, and to provide a link to the publisher’s version if it is available on-line;

iv. You may not use a facsimile of the publisher’s version of an article under these open access terms, unless the publisher so permits and that version has been made available as an OAP Article on the Site;

v. you will not make any translation, adaptation or other derivative Work of an OAP Article, except that, as reasonably necessary in order to carry out a permitted use, you may include the article in a collection or database, may change the technical format of the article, and may use excerpts of the article for teaching or other permitted purposes, so long as, in each case, (A) your use of the article or any portion thereof continues to comply with all provisions of these Terms of Use that are applicable to OAP Articles, (B) you do not misrepresent the substance of the article, and (C) your derivative of the article includes a citation, hyperlink, or similar reference to the original article and appropriately identifies the nature of the derivative Work (e.g., “abridged from_____”); and

vi. you may not sublicense or otherwise transfer your rights in any OAP Article, and will only make OAP Articles available to others for use by them under these Terms of Use.

vii. you agree to indemnify and hold harmless the University and its trustees, officers, employees and agents from and against all claims, actions suits, damages, liabilities and costs (including, without limitation, reasonable legal fees), arising from or relating to your use of any OAP Articles pursuant to this Agreement.



Other Posted Material. Works within the repository other than OAP Articles (“Other Posted Material”) are made available on the Site at the direction of entities who have represented that they are the owners of the copyrights in the Other Posted Material (or the licensee of the copyrights in the Other Posted Material entitled to place such material in the repository). You may download and use Other Posted Material in any manner not prohibited by copyright or other applicable law. Although we do not grant you any rights in Other Posted Material, the owners of the copyrights in some cases may allow additional uses of certain Other Posted Material. In that event the terms applicable to the additional uses (as we understand them and without any guarantee or indemnity from us about the accuracy or completeness of the terms) are made available to the University, they are indicated on the Site in connection with that Other Posted Material. You agree to indemnify and hold harmless the University and its trustees, officers, employees and agents from and against all claims, actions suits, damages, liabilities and costs (including, without limitation, reasonable legal fees), arising from or relating to your use of any Other Posted Material Articles pursuant to this Agreement.

 

Email scholarsarchive@oregonstate.edu with any questions.