The Mozarteum University Salzburg has been a signatory to the Berlin Declaration und bekennt sich somit zu deren zugrundeliegenden Zielen.
since 2018 and is therefore committed to its underlying goals.
The Berlin Declaration formulates the "vision of a global and freely accessible representation of knowledge" on the Internet. This implies creating free, equal access for all people to scientific publications. Dissemination and processing options, "Sustainability, Interactivity, and Transparency" should guarantee open access.
Free licenses, such as the open CC licenses CC BY and CC BY-SA, enable a legally secure implementation of this vision.
The implementation of Open Access at the Mozarteum University Salzburg is regulated in the Open Access Policy published in the official notes on 17.10.2018.

Open-Access.net

The information platform open-access.netwas created in 2007 as a joint project of the universities of Berlin, Göttingen, Constance and Bielefeld and provides basic information about Open Access as well as practical implementation support.

OANA

The Open Science Network Austria (OANA) is a think tank on the subject of Open Science, which aims to exchange ideas, coordinate and network initiatives and develop recommendations for Open Science. Teams work on various topics related to Open Science, for example on legal issues and the results are presented at the annual network meeting. The working groups are described on the OANA website which also reports on the respective outputs, publications, and Open Science Events in Austria.

CC licenses

The CC licenses are standard contracts with which an author can grant rights of use for his own works. It determines how the materials may be used and what conditions are to be observed. CC licenses are recognized by the Copyright Law as exploitation agreements.

• The license is defined differently depending on which rights are to be granted to users.
• The licenses can be divided into different levels, from relatively free re-use, which allows use, processing, exploitation and distribution, to a significantly more restrictive form, where processing and commercial exploitation/distribution are not permitted.
• If even one of the required license conditions is not met, this constitutes an infringement of copyright.
• Each condition can be waived individually, provided that the owner/rights holder grants permission based on a personal request.
• CC licenses consist of three parts: the CC icon, license description, and license agreement. Machine readability is guaranteed. When specifying a license in one's own work, a link to the license description and license agreement must be provided in addition to the copied CC icon.
• The latest version 4.0 CC licenses mean the same thing worldwide and can therefore be used globally.

Applying a CC License

Please note the following when issuing a CC license:

• The conditions of the selected license should be read and understood before issuing (see Overview of the CC licenses and Decision support) (see Binding license versions).
• Only the rights holder is authorized to apply a CC license and only for the parts of the work that are clearly and exclusively assigned to the rights holder.
• Quotations used in the sense of copyright restrictions cannot be licensed as content by third parties. The exception of these quotations from the applied license must be noted at the beginning of the work.
• If the work contains materials from other rights holders for whom the selected license does not apply, this must be clearly identified. Such labelling is also necessary if materials with a more restrictive CC license have been used.
• Materials with certain different licenses cannot be combined with each other (see Combination of CC licenses).
• If materials with open and restrictive CC licenses are combined, it is advisable to specify the most restrictive license for general assignment in order to prevent misuse. The different licenses of the combined parts must be shown in the list at the beginning and made clear. Reference to copyrighted cited parts must also be made here.
• Once applied, the CC license can only be changed in the direction of the more open CC license.
• The use of materials permitted without a license cannot be reduced, limited, restricted, or subject to conditions by granting a license. This applies above all to the provisions pertaining to the limitations and exceptions to copyright, such as the scientific quotation law.
• In the case of open licenses (CC0, CC BY, CC BY SA) in particular, the author no longer has any influence on how (ethical, aesthetic, political) the works are used, what they are used for, or who uses them, and the author cannot oppose the use of the work, even if they disapprove.
• When specifying the CC license in your own work, a link to the license description and the license agreement must be made in addition to the copied CC icon. (See chapter: Inserting the license into your own work).

Help in choosing a CC license

Creative Commons' license chooser (https://creativecommons.org/choose/) can be used to determine the desired license. All you have to do is answer three questions and the desired license is displayed:

1. May my work be edited, modified, and redistributed as derivative work¹?
2. Muss das abgewandelte Werk unter derselben CC Lizenz verfügbar gemacht werden, wie mein Werk?
3. Do I want to allow my work to be used commercially²?
   

Checking your license choice

After the desired CC license has been determined for your own work using the license chooser, it is still necessary to clarify whether CC-licensed parts have been used and whether these inserted parts are compatible with the selected CC license of your own work (see Combination of CC Licenses) and is therefore a suitable license:

• If parts that are licensed with an ND condition (no changes/editing allowed) have been used, they must be removed from your own work because their incorporation into a new work is not permitted. Quoting is still allowed.
• If CC BY-SA or CC BY-NC-SA licensed works/parts of works have been incorporated into your own work, your own work can only be made available under the same CC BY-SA or CC BY-NC-SA license.
• As a rule of thumb, it is recommended that when using materials with a more restrictive license, the most restrictive license should be used as a general license for your own work. This is to avoid the appearance that the entire material could be used under the more open conditions. Since all parts are listed with the respective license at the beginning, the user learns that some parts can be used openly.

Inserting the license in your work

CC licenses consist of three parts: CC icon, license description, and license agreement. When specifying a license, a link to the license description and license agreement must be made in addition to the CC icon.

To do this, go to the Creative Commons website (https://creativecommons.org/licenses/) to the section Licenses. Copy the icon, paste it on the title page of your own work, and add the two links provided with the license in the same manner.
Example::
Brigitte Laimer „Aesthetics of Nature“, licensed under  (attribution) License description | License Agreement.

Identification of your own work

Your own work should be marked with:

• Names of all authors/rights holders
• Title
• License including link to license description and license agreement
• Note at the beginning of the work: All citations are exempt from the CC license.

Example::
Brigitte Laimer „Aesthetics of Nature“, licensed under  (attribution) License description | License Agreement. Parts marked as citations are still subject to copyright.

Labelling when using/adopting another work:

• Note at the beginning of the work: Indication in which chapters/parts the adopted works were used and under which license these parts are in each case.³
  Example:
  Title of the work by author’s name is under Creative Commons Terms of Use (Text chapter 3: CC BY 3.0 | All other texts: CC BY-SA 4.0 | Images: CC0 | parts marked as citations are still subject to copyright).
• Indication within the work at the place where the adopted work is used, including links to the original work and the license. The link to the original work occurs ideally by creating a hyperlink to the URL using the author’s name.
  Example:
  Surlan Soosay „Miss Cartoon Voyeurism“, licensed under  (attribution) CC BY 2.0

Attribution for derivative works

The following information is also required for derivatives:

• Indication that this is a derivative.
• Link to the original work(s), ideally by linking the URL to the author's name.
• Note at the beginning of the work in which chapters/sections the adopted or derived works were used and under which license these parts are in each case.⁴
• Within the work make reference to editing and exact specification of the changes made in images (e.g. cropping, black and white), while adding the link to the original is sufficient for texts. Ideally, it should also be stated that the edited material is not under the same CC license as the entire work. ("The CC license CC xy does not apply to this section/picture” and only then list all the required information).

Examples:

• Note at the beginning of the work that derivatives of other works have been used:
  • Title of the work by author’s name is under Creative Commons Terms of Use (Text chapter 3: CC BY 3.0 | All other texts: CC BY-SA 4.0 | Images: CC0 | parts marked as quotations are still subject to copyright).
• Identification of an edited image within the work, directly at the respective location, where it is noted what has been changed on the image:
  • Surlan Soosay „Miss Cartoon Voyeurism“, licensed under CC BY 2.0 , edited by Maria Fischer (cropped) and licensed under CC BY 4.0.
• The attribution of a derivative text within the work, directly at the respective location:
  • Brigitte Laimer „Aesthetics of Nature“ licensed under CC BY 4.0, edited by Maria Fischer and licensed under CC BY 4.0.

An Overview of the CC Licenses⁵

There are seven licenses, which are made up of the following four components:

CC BY SA 3.0 by Jöran Muuß-Merholz

In this context, commercial use means use that is primarily aimed at a business advantage or a contractually owed monetary compensation. This means that institutions and organizations that finance themselves through advertising (radio, newspapers, blogs, podcasts) or tuition fees are not allowed to use these materials. (See license: attribution, non-commercial 2.0 for Germany.)


CC BY 4.0 by Shaddim

Please note that it is often not possible to determine whether your source is the legal licensor and that the use of CC content is not always protected against copyright infringement. For example, caution is advised with very professional-looking content (e.g. photos of celebrities).⁶
The binding license versions can be found on the Creative Commons in the description of the license types.

Combination of CC licenses⁷

CC licenses are intended to simplify the reuse of materials. However, if you want to use several materials with different CC licenses at the same time, it gets a little more complicated.

Combination issues

• CC BY-SA works can only be combined with more open licenses, such as CC0 and CC BY, provided that the new work is placed under a CC BY-SA again and the exempted parts are listed at the beginning.
• CC BY-SA works cannot be combined with CC BY-NC-SA works since share alike means that the modified new work must be made available under the same conditions as the original one. In the former case, it should be passed on commercially, in the second case commercial use would not be possible.⁸
• Materials with the CC BY-SA and CC BY-NC licenses cannot be combined. The same applies here as in the previous point.
• The combination of licenses that allow commercial use (CC0, CC BY) and those that prohibit them (CC BY-NC, CC BY-NC-SA) is possible in principle, provided that the respective sections and the associated license are correctly identified (see source). In practice, the combination proves to be unusable. Finally, further use of the material either makes a violation of the NC clause more likely or the subsequent works are given the more restrictive license in order to remain on the safe side legally.
• All works marked with a license that contains the rights module ND (no derivatives/no editing), such as CC BY-ND and CC BY-NC-ND, cannot be combined with other licenses, because ND materials do not permit changes to even select sections.

Combination table

The following table provides information about which licensed works can be combined and which can or should not be combined under any circumstances.


CC0 by Kennisland

When combining differently licensed works, the rule applies that either the more restrictive of the combined licenses is used for the new work in order to be able to place the whole work under a uniform license, or parts that are exempt from the more liberal license are clearly marked.
Your own CC license can only include the rights to your own content and never the content of other authors. Rights of use in the form of CC licenses can therefore only be granted for one's own work/parts. Therefore, parts that have been incorporated into your own work due to copyright restrictions (right to quote) must also be excluded from the license.
The labelling could look like this, for example:
Title of the work by author’s name is under Creative Commons Terms of Use (Text chapter 3: CC BY 3.0 | All other texts : CC BY-SA 4.0 | Images: CC0 | parts marked as quotations are still subject to copyright).

Open Access is the provision of content on the Internet without financial, legal and technical barriers.

Those interested can do the following with the full texts:                              

• read
• download
• copy
• distribute
• press
• research
• refer to them
• use them in any legal manner
• change/add to them with the use of the appropriate license.

For this purpose, the content is provided with licenses which regulate the free reuse and further use, duplication, distribution or change.

Benefits:

• Increased visibility
• Increased citation frequency
• Increased exchange
• Increased research efficiency and higher scientific output
• Long-term availability

Reservations:

• Lower reputation for publication in new open access publishers and lower quality of reviews and support. However, many traditional publishers now also offer the possibility of open access publication.
• The current financing model of open access publishing replaced the traditional pay-to-read with pay-to-say. This means that the scientific output is preferred by those countries that can support the payment of APCs (Article Processing Charges) and BPCs (Book Processing Charges), for example by means of open access publication funds. Scientists from economically weak countries are disadvantaged in the publication of their results.

Social Responsibility:

The Mozarteum University Salzburg describes in its Open Access Policy [link to the Open Access Policy website] free access to scientific publications as part of social responsibility. The Mozarteum therefore recommends that the authors secure at least the right of secondary publication in the institutional repository in the publishing contracts.

"The free and equal access of all people to scientific publications is seen by the Mozarteum University Salzburg as part of social responsibility."
In the Open Access Policy published on 17.10.2018, the Mozarteum University explains how this open access to scientific publications is made possible by a repository, open access publication fund and journal server. In addition, it recommends that the authors contractually secure the rights of exploitation, reproduction and, above all, the right to make their work available online in the institutional repository.
The library is responsible for all open access matters and can be reached at open.access@moz.ac.at if you have any questions.

ORCID (Open Researcher and Contributor ID) is a globally established identifier for authors for distinct identification.
ORCID also facilitates the electronic assignment of publications to their authors and, based on the information provided by the university, the automatic assignment of university affiliation. The latter is, among other things, important for the responsibility for the payment of APCs via the publication fund.
The aim is to establish this identification number as the de facto standard for author identification of scientific publications. These are already mandatory for FWF applications.
ORCID is organised by the non-profit organization Open Researcher Contributor Identification Initiative. The founding members of the initiative include research organizations (e.g. EMBO, CERN) and scientific publishing groups (e.g. Elsevier, Nature Publishing Group, Springer).
The fact that the ORCID server is located in the USA is frequently criticised since its data protection regulations do not apply to European data in the USA. The establishment of a European server has therefore been discussed by ORCID for a long time.

Free Registration:
Registration is free of charge. Name, list of publications/lectures, university affiliation, and curriculum vitae can be entered and retrieved, for example, for applications. The data can be blocked for inspection or given different ranges of insight.

Predatory publishers conduct dubious business not only with regard to publications but also conferences.⁹
The author will be charged money for services not performed. So there is little to no quality control (peer review), no permanent publication, and no reliable archiving. Predatory publishers are not concerned with publishing high-quality research, but with putting as many articles as possible online with the least possible effort and thus making a maximum profit.
Publication in fake journals and participation in fake conferences harm one’s academic reputation, the reputation of the university, and science in general. Since withdrawing the article is usually not possible or only after payment of a ransom, the publisher should be checked in advance for authenticity. The Mozarteum University Library can offer support in this matter.
Sometimes it is not easy to distinguish a reputable journal from a dubious one. A professional website or a name similar to that of a well-known scientific journal complicates the classification. There are several characteristics to verify and, in most cases, the reliability of a journal can only be checked via a qualitative content evaluation.

An initial verification and classification can be performed by using the following databases:

• Directory of Open Access Journals (DOAJ): lists Open Access Journals that meet numerous quality criteria.
• Open Access Scholarly Publishers Association (OASPA): List of reputable open access publishers who have been accepted as members after a rigorous review process. A regular check ensures that they further meet the required quality criteria.
• Cabells Blacklist: List of dubious journals.

Further examination criteria:

If the journal does not appear in any of these databases, you can carry out a further check using the following criteria¹⁰:

1. Ask colleagues if they have heard of the journal.
2. ISSN-test: existing ISSNs can be found at https://portal.issn.org/.
3. The journal title is suspiciously general and often contains words like “International”, “Global”, “World”, “American”, “European”, “Advanced Journal of ...”, or the title is very similar to a well-known journal.
4. The range of topics is very broad and doesn't suit your area of expertise.
5. The invitation to publish/“Call For Papers” is sent by e-mail.
6. Instead of personally addressing you, general phrases like "Dear esteemed author/colleague" are used.
7. The contact details of the journal are suspicious. For example, the e-mail addresses come from free providers (Gmail, yahoo, ...) and/or there is no existing postal address/no way to contact the publisher.
8. Specification of a very short "appraisal time" leading to accelerated publication.
9. Check if a falsified/contrived impact factor is listed: https://predatoryjournals.com/metrics/
10. The website of predatory publishers is aimed at the authors and not at the readers.
11. Articles are published in an inferior layout.
12. The Editorial Board lists scientists who either do not exist or have never given their consent.
13. Unusual billing models: there are often no initial fees charged at the beginning, but very high fees are charged over the course of the publication process. It is equally suspicious if a number of future items should be paid in advance.
14. Another characteristic is the anonymous registration of the website. This can be verified by performing a domain check at www.whois.com.

Hijacked Journals:

“Hijacked journals” represent a special case. This mainly concerns non-English-language, low-impact journals. Many elements, such as the journal name, ISSN, or postal address, of an existing reputable journal are stolen and listed as their own. However, the URL of the website is independent and therefore a good starting point for verifying the authenticity of the journal. In this way, a country code is avoided and general codes such as org and com are used.

“Google” yourself:

We also recommend that you regularly perform an Internet search on your own name to find out whether you are named as the editor of a fake journal without your knowledge and consent.

As an author, you should be aware of the rights to the publications.
Agreements promoting open access can be arranged with the publishers which, for example, explicitly guarantee the right to secondary publication in an institutional repository.
Amendments to contracts such as the SPARC Author Addendum¹¹ regulate open access agreements. Here, using the Science Commons and SPARC Copyright Addendum Engine, authors can automatically create an addendum in the variants Access-Reuse¹², Delayed Access¹³ and Immediate Access^{14 15}:

Examples of supplementary clauses in publishing agreements to reserve non-exclusive rights¹⁶:

Examples of supplementary clauses in publishing agreements to reserve non-exclusive rights :
The following formulations only secure non-exclusive rights compared to the SPARC Author’s Addendum. Note that non-exclusive rights prevent the author from submitting the contribution to an open access license. Since the exclusive right lies with the publisher, only the publisher can decide on the licensing. It is therefore preferable not to grant publishers exclusive rights. This is can be achieved, for example, by deleting or crossing out any wording that transfers the exclusive rights to the publisher or that guarantees the exclusive surrender of all rights before signing. The publisher should be made aware of any strike-throughs or changes made in a cover letter.

• "The Publisher agrees that the Author shall retain the non-exclusive right to deposit for an unlimited period of time a digital copy of the contribution in a publicly accessible scholarly non-profit repository before/during/after publication by the Publisher.
  The Author undertakes to cite the original contribution in the scholarly non-profit repository."
• "The Publisher shall be granted a non-exclusive right of use in respect of the online publication of the work, with no obligation to use that right. At the time of publication in book format, the author shall be free to make the work available to the public free of charge as a PDF on the internet via his/her homepage, an institutional repository, or a suitable disciplinary repository."
• "I hereby declare that I do not wish to transfer full copyright to (name of the publisher), but reserve the right to self-archive the article in full in an open access repository."

Contracts with international publishers

The same applies to contracts with international publishers as to German publishers. If the contracts are only available in English, particular care must be taken here that the publisher is not granted exclusive rights.¹⁷

Open Access publications can be made in different ways. The Mozarteum University currently supports the golden, green and grey roads:

• Gold means the immediate open access publication of essays and monographs from a reputable publisher.
  The digital works can still be printed and made available for a fee.
  At the same time, the work is archived and published in the institutional repository.
  
• With the green road, paid works are published a second time in the institutional repository for free access after an initial embargo period.
  The author can secure the right to self-archive in the publishing agreement.
  
• Grey means the open access publication of grey literature (e.g. theses, conference proceedings) that was created without the involvement of a publisher in the institutional repository.
  

Other publication methods:

The other possible publication routes¹⁸ are not currently supported by the Mozarteum University Salzburg:

• Platinum means to take the gold route without direct APC-costs. The participating institutions pay the costs per flat rate. This financing model is, however, a long-term goal.
  
• Bronze denotes the provision of content without being labelled with a license. It therefore allows for the free access and consumption of content, but prohibits further use (especially for commercial purposes).
  
• Hybrid refers to the free purchase of articles from conventional subscription journals.
  The model enables a quality-assured publication in a (renowned) journal.
  The disadvantage is that the institution pays three times. In addition to the salary for the author, there is a subscription fee for the journal and the APCs (Article Processing Charge) for the specific article.
  Hybrid models are excluded from the funding of many publication funds and the EU framework program "Horizon Europe" for the reason mentioned above.
  

While in the case of contracts concluded in the past the question arises as to which provisions the contract contains regarding the secondary electronic publication of the work, there are various ways of contractually enforcing the right to parallel Open Access self-archive when concluding new publishing agreements.

Depending on the publishing agreement, secondary publications can be made as:

• Preprint - Draft before review
• Postprint - Draft after review, but before the being typeset and formatted by the journal
• Publisher version – published version

The legal conditions of the publisher must be clarified in this regard, ideally directly by e-mail.

Addendum for future publications:

For future publications, open access-promoting agreements that explicitly guarantee the right to secondary publication in an institutional repository should be concluded with the publishers. Ultimately, the Publishing Law does not contain any provisions on rights other than those concerning reproduction and distribution. It is therefore not necessary to grant the publisher the exclusive right to use other forms of exploitation, such as the right of public access, which applies to publications on the Internet.
The Author Addendum, provides the amendment to a publishing contract necessary for the right secondary electronic publication and is provided by SPARC¹⁹(an alliance of academic libraries).
Some authors who publish their articles in paid journals but still want to reserve the right to provide parallel open access have meanwhile adopted the practice of striking through certain wording in the contracts before signing them. These are formulations that transfer the exclusive rights to the publisher or guarantee the exclusive surrender of all rights.
In both cases, the publisher must also be informed by e-mail of the changes made to the contract.

Automatic right to secondary publication of journal articles:

In the case of journal articles, the new copyright law of 2015 contains the following regulation for members of the scientific personnel:
§37a UrhG: "If the author is a member of the scientific personnel of a publicly funded research facility and the secondary publication is not exploited for commercial purposes, then the author can publish the accepted manuscript version (= draft before review by the publisher) of the article electronically 12 months after the first publication and without asking the publisher (of the at least biannually published journal). The source of the first publication must be specified."
Overview of criteria:

• The regulation applies to a scientific contribution (article, essay),
• which has appeared in a collection of an Austrian publisher published periodically at least twice a year.
• The author is a member of the scientific personnel of a research institution (this rule does not apply to students and emeritus professors),
• which is financed at least 50% by public funds.
• The author now has the right, without asking the publisher, to make the manuscript version of his/her contribution publicly available (e.g. on his/her own website or that of the university), provided that
• 12 months have passed since the first publication,
• the public access does not serve any commercial purpose,
• and the source of the first publication is specified.