download the author's contract as pdf-file.
| Leibniz Institute for Research and Information in Education,
by Professor Dr. Kai Maaz, Executive Director,
Straße 6, D-60323 Frankfurt am Main
in the following: DIPF -
DIPF is an institution for educational research and educational
information. It supports the claim for free, comprehensive access to
quality-assured findings from publically financed ressearch, pursuant
to the principle of Open Access as postulated in the Berlin
Declaration. Therefore, DIPF adheres to a principle the Leibniz
Association officially supports, as demonstrated by its signature to
the Open Access Declaration. By setting up a scholarly repository,
DIPF creates an organisational framework and technical infrastructure
for making available publications from educational science and
educational research pursuant to Open Access principles and their
long-term availability by means of long-term archiving. This applies
to first-time Open Access publishing as well as to publications that
are published in Open Access format in parallel or at a later stage
(second publication) according to § 38 par. 4 UrhG.
Pursuant to this contract, an author is the person authorising a
publication, as stated in § 1, as well as the person delivering
1 Subject, application and conclusion of the agreement
Subject of this contract is the work registered by the author,
pursuant to par. 5.
in the following: work.
DIPF stores the author’s work on a computer that is part of the
DIPF server structure, as an electronic publication, allowing for
open access via the internet.
The author assures that the work itself, as well as texts and/or
images originating from third parties it may contain, do not violate
any third party’s rights, particularly as regards intellectual
property rights or personal rights. She or he also assures that
she/he is legally capable of conducting the procedures outlined in
this contract with respect to intellectual property/copyright
the case of second publications pursuant to § 38 par. 4 UrhG, a
work is published on the basis of the accepted manuscript version.
The above stated stipulations are also applicable to works published
by more than one author.
This author contract is the exclusive agreement between DIPF and the
The author registers her/his work online with DIPF, DIPF confirms
this registration by e-mail, attaching a copy of this contract. The
contract is agreed by the author’s reply to the e-mail.
2 Concession of rights
For the purpose of fulfilling the objectives stated in the first
paragraph of the preamble, the author grants DIPF simple rights of
use for the delivered work and its description, unlimited in time and
space, pursuant to § 2 par. 1 c) and d).
particular, this includes the right to
this work, in its own right, as part of a collective work or as part
of a database onto storage media and internal DIPF servers, to save
the work and provide for its open access;
convert the work into other formats if the contractual purpose and/or
technical developments require this, also in cases where the layout
of the work needs to be altered. Pursuant to regulations stated in §
4 par. 2 and par 3, DIPF will retain the contents of a work;
deliver the work to the German National Library for long term
archiving in order to fulfil contracted purposes;
hosting reasons, to furthermore deliver the work to the Research
Library for the History of Education (Berlin));
render the work available to users on demand, either in printed form
or as download in pdf format exclusively for their own,
The concession of legal rights stated in par. 1 is not financially
Rights are granted for all known types of use, as well as for all
types of use that are yet unknown. Subsequent to receiving
information from DIPF about the integration of a new type of use, the
author is given three months’ time to revoke her or his
3 Provisions of the author
Unless otherwise agreed, the author submits the work to DIPF in a
format that is independent from hardware or software requirements
Irrespective of the format regulations specified in par. 1 the author
assures that the contracted work is delivered without any technical
In the case of second publication, the author will inform DIPF about
the source and date of the first publication unless evident from the
4 Provisions of DIPF
Pursuant to its conditions of use, DIPF renders the contracted work
openly accessible via the pedocs webserver. As a rule, the document
will be available 24 hours a day unless DIPF conducts maintenance
work, subject to timely announcement.
DIPF ensures the technical operations relevant to the provisions
outlined in par. 1. DIPF further provides for the searchability of
the pertinent work. To this end, DIPF will index bibliographical and
content data of the work, according to appropriate standards. In
addition, each work receives a flyleaf for documentation purposes.
This flyleaf contains, for instance, crucial bibliographic data, if
necessary information regarding the date and source of a first
publication, and information pertinent to copyright legislation.
Works that other than stated in the fundamental regulations in §
3 par. 1, are made available to DIPF in printed form, will be
digitised by means of scanning and OCR software. The author is
informed that dependent from the quality of a master print document,
these digitised works may contain errors.
DIPF assures that the works will be made accessible pursuant to par.
1 by applying internal backup procedures.
DIPF is permitted to commission third parties as to fulfilling the
above described tasks or to fulfil these provisions, as a whole or in
part, by transfer according to § 2 par. 1c).
DIPF registers the work with METIS, a counting system offered by
VG-Wort. Once the publication reaches the threshhold value of
accessing numbers that is annually determined by VG-Wort, the author
is entitled to her/his royalties. In such a case, the author will
immediately be informed by pedocs. She or he will thus be able to
claim the royalties from VG-Wort. Copyright owners are only
entitled to royalties in as far as they are individual persons.
Corporate bodies as copyright holders are excluded from royalties.
5 Scholarly reservations
DIPF reserves its right to check the scholarly quality of a
contracted work, pursuant to its mission
If by an assessment of the work according to par. 1 DIPF is convinced
that the work does not fulfil the scholarly requirements, it reserves
its right to refuse the publication according to § 4 par. 1.
DIPF will inform the author about this refusal in written form,
thereby resigning from the contract.
In cases of par. 2, DIPF will delete works that have been submitted
in electronic form, and return printed works to the author.
6 Obligatory delivery
DIPF takes on the author’s obligatory delivery of the work to
the German National Library.
If a work has already been published, in whatever form, a renewed
publication for the purpose of fulfilling this contract does not
affect the obligation to deliver a copy to the German National
Library by the author, first publisher or provider hosting the first
7 Third party claims
The contracting parties will inform each other immediately if third
parties claim rights of their own to a contracted publication against
either of the contracting parties.
In cases of par. 1, the author will submit all of the information and
documentation to DIPF that is required to pursue the claim if DIPF is
directly held liable by third parties.
In cases of par. 1 and 2, DIPF has a right to block a publication for
measures pursuant to § 4 par. 1 until a court decision has
become effective in favour of the author and/or DIPF. A work will
remain excluded from further availability if a decision rules against
the author and/or DIPF.
DIPF will not finance expenses caused by third party claims to the
author. The author discharges DIPF from any such costs, particularly
regarding legal defense. This holds irrespective of the nature of
individual legal claims, but in particular for copyright claims, as
well as claims relating to trademarks, data protection, and personal
rights of third parties.
8 Guarantee and liability
DIPF is liable for provisions of a work pursuant to measures
specified in § 4
this contract. In
cases of § 4 par. 3 DIPF holds responsible for faults in
digitised objects only in as far as these faults are caused by
selecting inappropriate software. DIPF cannot guarantee for a
faultless digitisation as the results also depend on the quality of a
DIPF is not responsible for disruptions in the delivery and faulty
data transfers that are caused by the telecommunications
infrastructure that is provided by third parties.
The parties are not mutually held liable in cases of slight neglect
insofar as they do not violate a crucial contract commitment
(examples are the author’s obligations pursuant to § 3
par. 1 or § 1 par. 3, DIPF obligations pursuant to § 4 par.
1). This liability is limited to the financial and material damages
that are predictable and common to the subject of the contract.
The limited liability pursuant to par. 3 does not apply in cases of
deliberate violation or negligence, or in cases of harm done to life,
body or health caused by the contracting partners, their legal
representatives or auxiliary persons.
9 Data protection
author is informed that DIPF processes and stores personal data in as
far as such a measure is required for fulfilling the contract.
Personal data will only be forwarded to third parties if this is
necessary, pursuant to § 2 par. 1 c) if a legal obligation
exists, or if the author has given her/his legal consent.
10 Written form
Alterations, amendments and the annulment of this contract, as well
as waiving the requirement of written form, must be agreed in written
All of the declarations mentioned in this contract or that result
from this contract can only become effective in written form. This is
fulfilled by means of telefax or e-mail.
some of the regulations outlined in this contract are or become
ineffective or unfeasible, this bears no consequence as to the
effectiveness of the other regulations.