Waiving (obtaining an exemption)

How can I request to waive transfer of the licence to the Politecnico?

To waive, an email or written notification must be sent to the university work group's email address openaccess(at)polimi.it containing the following information:

  • Name of the author from Politecnico di Milano
  • Title of the article
  • Site of publication
  • Reasons for waiving
  • Is the article associated with public funding that requires Open Access?

What happens if no waiver is requested but the exclusive right is given to a publisher, mistakenly signing a publishing contract that is in conflict with this policy?

The Politecnico di Milano licence would still be valid, as it would have been granted (via this policy) before signing the publisher's contract. If the publisher maintains that the situation cannot be reviewed, the following options are available:

  • consult the work group to identify possible solutions openaccess(at)polimi.it
  • asking for waiver of a certain article.

What happens if the co-authors of a work disagree about whether to adhere or not to the policy?

Depending on the Italian legislation on copyright, each author of an article jointly written with others is the owner of the copyright. Each co-author can decide whether to request waiver to the policy for a certain article.

In the event that only one of them asks to waive the policy, the article will remain reserved and with closed access.

Why does the policy include the possibility of waiver? Does this not risk undermining the value?

The possibility of waiver means addressing the authors' concerns that they do not wish to compromise their possibility of working with some publishers and the desire to observe the policies of a given institution, even if in contrast with this policy.

However, even with the opt-out option, the policy modifies the standard setting in managing copyright. 

The fact is that the Politecnico di Milano has the right to openly share the work of its own professors and researchers and can extend copyright to their use too.

Is it possible to withdraw a document at a later date if a publisher so requests?

Yes. A document can be removed, especially if there is a legal dispute.

Specification must be drawn up by the OA-ASBA work group, that has the task of implementing the policy.