publish.UP | Potsdam Publication Portal

Second Publication Rights

You have already published your work in a publishing house? In most cases this does not conflict with a publication on our Institutional Repository. Please ensure in any case, if your publisher allows a parallel publication!

Recommended for Special Attention in Case of Second Publications
(e. g. postprints and cumulative doctoral theses and habilitations (postdoctoral university degrees with lecture qualification))

  • The transferral of rights presupposes that you are the holder of the rights to be transferred, i. e. please review the legal situation of the texts and illustrations written or created by someone else. We will gladly advise you on this matter.

  • In reference to secondary publications, exclusive rights cannot be transferred to a third party. If possible, exclusive rights should not be granted at all. We recommend that you secure your copyrights for the exploitation and utilisation of your own work.

  • The secondary publication is possible without restrictions if the simple but not the exclusive right of utilisation has been granted to the publishing house or in the case that the authors have explicitly reserved themselves the right of parallel online publication.

  • In the event that you have transferred all exploitation rights for your article to the publishing house, you are not free to decide about when and in what form the online publication is effected anymore. In fact, the consent of the publishing house must be obtained. Whether the exclusive rights of utilisation for an article have been transferred can be gathered from the publishing house contract. Should the conditions of the contract be no longer known to you, the SHERPA/RoMEO-Database can serve as an alternative guide to the policies of publishing houses and journals.

    The database can be searched for model contracts and guidelines of the publishing houses which provide information on how authors can effect secondary online publications of their works and how much time must elapse before publication. In the database preprints (before review) and postprints (after review) are differentiated. Frequently, the so-called "Final Draft" (galley proof of the publishing house) is meant when the expression postprint is used.

  • According to § 38 (1) of German copyright law (Urheberrechtsgesetz) the author may, after the expiration of one year after publication in a periodically appearing compilation (journal, anthology etc.), reproduce and publish his or her work elsewhere unless otherwise agreed.