See below for questions relating to the UCL Publications Policy and rights retention, including exemptions.
About rights retention
- How does the licence work?
- Which UCL authors are covered by rights retention?
- Which types of publication are covered by rights retention?
- Does the policy affect copyright in my work?
- Will I keep the right to reuse my work when I move institution?
- Who else has adopted a rights retention policy?
Support and exemptions
- What support is available for authors?
- What should I do if a co-author objects to rights retention?
- What should I do if my article includes third party copyright material?
- What should I do if my publisher queries this policy?
- What should I do if my publishing agreement contradicts this policy?
- Am I allowed to choose a different Creative Commons licence?
- Is it possible to request an exemption from the policy?
- What happens if the publisher requests that an article is removed from UCL Discovery after it is made open access?
About rights retention
How does the licence work?
UCL has contacted the publishers of the majority of our scholarly articles to inform them of the policy and the licence that arises when articles are accepted. This means that the UCL licence takes precedence over any subsequent publishing agreement and UCL can make the accepted manuscript open access in UCL Discovery without an embargo.
Where UCL has not contacted the publisher, or the output is not a scholarly article, provided that the author has included a rights retention statement in their submission letter and acknowledgments section, the licence still takes effect. See Rights retention: actions for authors.
Which UCL authors are covered by rights retention?
The rights retention parts of the policy apply to all scholarly articles authored or co-authored by UCL staff. This includes honorary staff.
Articles co-authored by a research degree student and a UCL member of staff are covered by rights retention. Currently, articles whose sole UCL author is a research degree student are not covered by rights retention. Research degree students wishing to use rights retention, or whose funder requires immediate open access under the CC BY licence, should include the following wording in their covering letter and acknowledgements section when submitting a scholarly article:
"For the purpose of open access, the author(s) has applied a Creative Commons Attribution (CC BY) licence to any Author Accepted Manuscript version arising from this submission."
An alternative statement with the same intention, if required by specific funders such as UKRI, may be used instead.
Which types of publication are covered by rights retention?
The rights retention parts of the policy apply to all scholarly article types. This includes, but is not limited to, research articles, review articles, conference papers and proceedings.
Publications not covered by rights retention include books, book chapters, edited collections, scholarly editions and textbooks. UCL strongly encourages researchers to make all outputs as openly available as possible. Where an output is not covered and the author wishes to retain their rights, or the funder requires open access, it is recommended that authors seek to assert their rights by including the following statement in any covering letter and acknowledgements:
"For the purpose of open access, the author(s) has applied a Creative Commons Attribution (CC BY) licence to any Author Accepted Manuscript version arising from this submission."
Does the policy affect copyright in my work?
No. The policy uses the provisions in UCL Intellectual Property (IP) Policy, under which in most cases UCL staff own the copyright in scholarly materials created in the course of their duties. UCL's retention of a non-exclusive licence does not affect copyright ownership.
Will I keep the right to reuse my work when I move institution?
When a researcher leaves UCL, the right to make their outputs open access stays with UCL. Since it is a non-exclusive right, the researcher can enter into new agreements with other institutions. Once an accepted manuscript has been made available in UCL Discovery under the CC BY licence, it can be freely downloaded and reshared by others.
Who else has adopted a rights retention policy?
- Many overseas universities, including Harvard, have a longstanding rights retention policy.
- See this list of UK institutions with rights retention policies. Many other UK universities are planning to introduce rights retention.
- Research funders that have adopted rights retention policies include the Wellcome Trust, UKRI, NIHR, the Gates Foundation and Horizon Europe. See our research funders pages.
Support and exemptions
What support is available for authors?
UCL will provide full support for researchers with the policy, including in discussions with publishers and co-authors. If you need any advice, please contact the Open Access Team.
What should I do if a co-author objects to rights retention?
Once an accepted manuscript has been made available in UCL Discovery under the CC BY licence, it can be freely downloaded and reshared by other institutions. This is beneficial for co-authors. However, it is possible to request an exemption from the policy if a co-author objects. See Is it possible to request an exemption from the policy?
What should I do if my article includes third party copyright material?
The policy applies to third party content where rights to use or reproduce the content under the CC BY licence (or another open licence) have been secured, or where this content has been incorporated under the fair dealing exception in the Copyright, Designs and Patents Act 1988.
If an article includes third-party materials that cannot be licensed with a Creative Commons licence, AND redacting these materials would significantly compromise the article, you may request an exemption from the policy. It is also possible to apply a more restrictive licence to the third-party materials. See Is it possible to request an exemption from the policy?
What should I do if my publisher queries this policy?
Most publishers will not refuse to publish papers that are subject to rights retention. However, if the publisher indicates that it will not publish an article to which the policy applies, or requests a payment, contact the Open Access Team for advice. It is possible to request an exemption from the policy if necessary. See Is it possible to request an exemption from the policy?
What should I do if my publishing agreement contradicts this policy?
Where practicable, authors are advised to avoid signing a publishing agreement that transfers copyright, or grants an exclusive licence, to the publisher. However, in this situation the UCL licence still takes precedence over any subsequent publishing agreement, and UCL can make the accepted manuscript open access in UCL Discovery without an embargo. See How does the licence work?
Am I allowed to choose a different Creative Commons licence?
The CC BY licence is the default licence because it allows the maximum reuse and sharing, while giving appropriate credit to authors, and is the licence required by funders such as UKRI, Wellcome, NIHR, Horizon Europe and the ERC. If your paper is not funded, or your funder has approved a CC BY-ND licence, it is possible to choose a different licence. See Is it possible to request an exemption from the policy?
Is it possible to request an exemption from the policy?
In exceptional circumstances, where it is not possible for a staff member to follow the rights retention parts of the policy, it is possible to request an exemption. Reasons for requesting an exemption might include:
- A journal has informed the author that it will not publish the article if the licence is granted.
- A co-author objects to the granting of the licence.
- The article includes third-party materials that cannot be included in an open access version, AND redacting these materials would significantly compromise the article.
- An alternative Creative Commons licence is required and, if appropriate, the relevant funder has authorised this.
- The licence may prejudice plans for commercialisation of the research.
- Contractual reasons, including commercial sensitivity, particularly in respect of industrial partners on industry-funded research.
To request an exemption, please complete this form once you have recorded the publication in UCL’s Research Publications Service (RPS). Please note that opting out may cause the output to be non-compliant with funder policies - including the REF open access policy, if the journal's embargo is longer than six months (panels A/B) or 12 months (panels C/D).
What happens if the publisher requests that an article is removed from UCL Discovery after it is made open access?
The Open Access Team will investigate the request in accordance with the UCL Discovery Takedown Policy.