“Article 25fa of the Dutch Copyright Act (hereafter: CA) entitles researchers to share a short academic work without financial consideration for a reasonable period. To facilitate exercising this right, the VSNU (Association of Universities in the Netherlands) completed a successful pilot project as a part of the National Programme for Open Science (NPOS) in 2019. The participating researchers gave universities their permission to share short academic works.
The pilot’s evaluation showed that the efficiency of the administrative procedures for researchers to grant permission (by two-way paper licence) is an obstacle to scaling up. The solution was found in converting the so-called opt-in approach into a tacit licence procedure with the possibility to opt-out.
The universities, as the employer, warrant the participating researchers to pay for the possible costs in the case of a legal dispute with a publisher. Within the VSNU, the universities agreed to share the legal risks.
the Eindhoven University of Technology supports the importance of Open Access, thereby following Dutch government policy as laid down in the letter of the State Secretary for Education, Culture and Science dated 15 November 20131;
Article 25fa of the Dutch Copyright Act (CA) entitles researchers to share a short academic work without financial consideration following a reasonable period after publication;
the University has an interest in the academic output of its staff members being easily retrievable and, with a view to being a good employer, wishes to facilitate that its staff members can optimally exercise their rights under Article 25fa CA;
the University requires a tacit, non-exclusive licence from its staff members for the purpose as mentioned above…”