DIPF | Leibniz Institute for Research and Information in Education,
represented by Professor Dr. Kai Maaz,
Rostocker Straße 6, D-60323
Frankfurt am Main
- in the following: DIPF -
(1) 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 research, 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.
§ 1 Subject, application and conclusion of the agreement
(1) Subject of this contract is the work registered by
the author, pursuant to par. 5.
- in the following: work.
(2) 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.
(3) Pursuant to this contract, an author is the person
authorising a publication, as stated in § 1, as well as the person delivering
(4) 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
legislation. In 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.
(5) This author contract is the exclusive agreement
between DIPF and the author.
(6) 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
(1) 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).
In particular, this includes the right to
a) copy 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
b) 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;
c) to use the
publication for information scientific research and deliver the publication to
external parties for this purpose, and use it for text and data mining,
including but not limited to the creation of full text indices;
the work to the German National Library for long term archiving in order to
fulfil contracted purposes;
e) for hosting reasons, to furthermore deliver the work to the Research
Library for the History of Education (Berlin));
f) render the work available to users on demand, either in
printed form or as download in pdf format exclusively for their own,
(2) The concession of legal rights stated in par. 1 is
not financially compensated.
(3) 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 consent.
§ 3 Provisions of the author
(1) Unless otherwise agreed, the author submits the work to DIPF in a format that is independent
from hardware or software requirements (e.g. pdf).
(2) Irrespective of the format regulations specified
in par. 1 the author assures that the contracted work is delivered without any technical safety measures.
(3) In the case of second publication, the author will
inform DIPF about the source and date of the first publication unless evident
from the manuscript.
§ 4 Provisions of DIPF
(1) 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.
(2) 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.
(3) 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.
(4) DIPF assures that the works will be made accessible
pursuant to par. 1 by applying internal backup procedures.
(5) 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).
(6) DIPF registers the work with METIS, a counting
system offered by VG-Wort. Once the publication reaches the threshold 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
§ 5 Scholarly reservations
(1) DIPF reserves its right to check the scholarly
quality of a contracted work, pursuant to its mission principles.
(2) 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.
(3) 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
(1) DIPF takes on the author’s obligatory delivery of the
work to the German National Library.
(2) 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 publication.
§ 7 Third party claims
(1) The contracting parties will inform each other
immediately if third parties claim rights of their own to a contracted
publication against either of the
(2) 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
(3) 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.
(4) DIPF will not finance expenses caused by third
party claims to the author. The author discharges DIPF from any such costs,
particularly regarding legal defence. 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
(1) DIPF is liable for provisions of a work pursuant
to measures specified in § 4
of 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 master document.
(2) 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.
(3) 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.
(4) 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
The 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
§ 10 Written form
(1) Alterations, amendments and the annulment of this contract,
as well as waiving the requirement of written
form, must be agreed in written
(2) 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
§ 11 Conclusion
If 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.