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Legal Aspects

Questions légales
Corps de texte

Your rights and obligations regarding Open Access

What I have the right to do

Amendment to legal provisions regarding copyright

Does this concern me?

This provision pertains to all scientific articles that are published in a journal and that are the result of research that is at least half-funded by public funds. This is the case for any research that is carried out or published in Belgium, in part or in whole.

What am I allowed to do?

You have the right to archive Open Access versions of your journal article, no matter what contract has been signed with the publisher, under the following conditions:

  • the research on which the article is based must have been at least half-funded by public funds;
  • a point of attachment must be located in Belgium (author, publisher, research institution or financier, etc.);
  • only the author’s version (the final revised version before publishing layout) that is accepted for publication is concerned;
  • if the publisher requires an embargo period, this may not exceed 12 months for the humanities and social sciences and 6 months for other sciences;
  • the source of the initial publication must be mentioned.

Does this also concern my old articles?

Yes.

This law applies to any articles that fall under the aforementioned conditions, even if they were published before 5 September 2018, the date on which the law came into effect.

What are the advantages to me?

  • This protects you, for the articles concerned, in the application of the decree of the Wallonia-Brussels Federation.
  • You retain a right to dissemination for your journal articles, including old articles.

Read the complete text (article 29) (french)


What I am obliged to do

For ULiège authors, consult the institutional mandate.

Decree of the Wallonia Brussels Federation

Does this concern me?

This decree is aimed at any researcher who is carrying out research activities in a scientific or educational institution and financed, in whole or in part, by the Wallonia-Brussels Federation.

What do I have to do?

An Open Access full text version of your journal articles has to be archived in an institutional repository.

The text of the decree stipulates that all scientific journal articles that are accepted for publication, and which are the result of research activities financed, in whole or in part, by the Wallonia-Brussels Federation, have to be archived in an institutional repository.

When do I need to archive them?

Immediately after the article has been accepted by a publisher.

Do I always have to archive an Open Access version?

Yes.

Should the publisher require it, the decree allows an Open Access version of articles to be archived with an embargo that may not exceed:

  • 6 months for scientific, technical and human or veterinary medicine-related fields;
  • 12 months for the humanities and social sciences.

What are the advantages to me?

To increase visibility and highlight the research carried out in the Wallonia-Brussels Federation.

To encourage the dissemination of research results, thus allowing everybody – no matter what their means – to access scientific documentation.

Read the complete text (french)

FRS-FNRS rules and regulations for Open Access

Does this concern me?

This mandate concerns the recipients of FRS-FNRS funding (including recipient representatives) or associated funds.

What do I have to do?

Submit the full text (final ‘author’ version) of ‘any peer-reviewed article and any contribution to conferences or seminars (including posters) that has been the subject of a scientific publication in any form whatsoever’ (except for publications and monographs for the recipient representatives).

What publications are included?

All publications containing search results:

  • that were generated, in whole or in part, by funding from FRS-FNRS funds or associated funds;
  • that were generated by research conducted over the period funded by FRS-FNRS or associated funds (for representatives).

When do I need to archive them?

As soon as the article is accepted by a publisher.

Do I always have to archive an Open Access version?

Yes.

If the publisher requires that an embargo period be observed, it must not exceed six months (or 12 months for human and social sciences).

Read the complete text

Horizon 2020 mandate on Open Access

Does this concern me?

This mandate affects all recipients of research funding under the Horizon 2020 project.

What do I have to do?

Guarantee open access to the full text of your peer-reviewed scientific publications, where these comprise the results of research that were carried out thanks to funding from the Horizon 2020 project.

Two steps:

  1. Submit the publications to an institutional repository or an open archive.
  2. Guarantee open access to these publications, either via the green path or the gold path.

You must upload these publications to ORBi.

They are then forwarded to the European OpenAire repository from ORBi.

When do I need to archive them?

As soon as the publication has been accepted by a publisher and, at the latest, by the publishing date.

What publications are included?

  • Articles (compulsory).
  • Monographs and publications (strongly recommended).
  • Conference papers (strongly recommended).
  • Grey literature (strongly recommended).

Do I always have to archive an Open Access version?

Yes.

If the publisher requires that an embargo period be observed, it must not exceed six months (or 12 months for human and social sciences).

Read the complete text

Horizon Europe mandate on Open Access

Does this concern me?

This mandate affects all recipients of research funding under the Horizon Europe project.

What do I have to do?

Guarantee open access to the full text of your peer-reviewed scientific publications – including books and other extended forms of publication – where these comprise the results of research that were carried out thanks to funding from the Horizon Europe project.

Two steps :

  1. Submit the publications to a trusted repository as ORBi.
  2. Guarantee open access to these publications, either via the green path or the gold path.

You must upload these publications to ORBi. They are then forwarded to the European OpenAire repository from ORBi.

Please be aware that if you publish in a hybrid journal (a subscription journal that also offers paid Open Access options per article) the publication fees (APC) will not be funded.

When do I need to archive them?

As soon as the publication has been accepted by a publisher and, at the latest, by the publishing date.

What publications are included?

All peer-reviewed scientific publications : articles, book-chapters, full-length monographs, proceedings of conferences and congresses.

It is also strongly recommended to open access to other scientific productions: grey literature, software, modelisations etc.

Do I always have to archive an Open Access version?

Yes.

Moreover, the open access must be immediate. No embargo period is allowed.

What are the Open Data requirements?

  1. Data Management Plan is mandatory
  2. Research data and outputs must be as open as possible, as soon as possible and respect FAIR principles (Findable, Accessible, Interoperable and Reusable).

Read the complete text

Plan S

Does this concern me?

This obligation is aimed at any researcher who is conducting research that is funded, in whole or in part, by a member of the cOAlition S.

What do I have to do?

Publish or disseminate the full text of all your scientific publications under Open Access and under a free licence, starting 1 January 2021.

The principles behind Plan S stipulate that any article that comprises the results of research that was funded, in whole or in part, by a member of the cOAlition S must be submitted to an institutional archive or published via the gold path of Open Access.

‘Publish and Read’ agreements are compatible with Plan S.

When do I need to archive them?

From the time of publication.

What documents are included?

  • Scientific articles, starting 1 January 2021.
  • Monographs and publication chapters, from the end of 2021.

Do I always have to archive an Open Access version?

Yes, immediately and without any embargo period.

Read the complete text

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