Publication Agreement
This Agreement regulates the legal relationship between the publishing person and the University of Hohenheim’s Communication, Information, and Media Center for the publication of electronic documents (e.g., dissertations).
In the following, these are referred to as “Digital Objects.”
The Publication Agreement exists between the person logged in with their account data (in the following referred to as “Person”) and the University of Hohenheim. KIM acts on behalf of the University of Hohenheim, and is therefore referred to in the following as “KIM”.
The Person electronically accepts the Agreement by clicking on the checkbox in the input mask, and the Agreement comes into effect with the publication of the Digital Object on the hohPublica publication server.
§ 1 Subject of the Agreement
The subject of the Agreement is the Person’s Digital Object under the title entered above. The first publication of the Digital Object is to be electronic form on the institutional repository hohPublica server of the University of Hohenheim. If it is a permissible second publication of a previously published work, the source of the first publication is derived from the metadata. In this case, the Person assures that they have the rights to commission the secondary publication on hohPublica.
§ 2 Granting of rights by the publishing Person
1. The Person grants KIM a non-exclusive right of use for their Digital Object. The right of use is granted without any restrictions in terms of time, space, or content.
2. The right of use transferred to KIM includes in particular
- the right to reproduce the Digital Object,
- the right to process the Digital Object in order to carry out data migrations,
- the right to make the Digital Object publicly accessible, including by third-party providers.
3. This granting of rights does not prevent the Person from additionally disposing of the rights to their Digital Object in any other way. However, it should be noted that publication on hohPublica may impede or prevent subsequent publication elsewhere, insofar as this requires the transfer of an exclusive right of use for the Digital Object to a publisher. The Person cannot later demand that a Digital Object published on hohPublica be blocked or deleted for the purpose of transferring exclusive rights of use to a publisher.
§ 3 Modalities of data transmission
1. The Person usually makes their Digital Object available to KIM by uploading it via the hohPublica input mask.
2. When uploading the Digital Object, the Person enters descriptive data (metadata). An abstract is mandatory for a dissertation or habilitation (post-doctoral lecturing qualification). The metadata may be revised by KIM staff members for the purpose of standardization in accordance with relevant library regulations (e.g., RDA).
3. When uploading, the Person has the option of placing their Digital Object under a free Creative Commons license. The metadata and Abstract entered by the Person are published in the public domain under a CC-0 license (Creative Commons Zero). You can find more information about Creative Commons licenses at de.creativecommons.org/was-ist-cc/ . The Digital Object is published under the selected license. If the Person does not specify a Creative Commons license (i.e., skips the step), the Digital Object is released for use in accordance with German copyright law.
§ 4 Particularities relating to dissertations and other examination papers
1. The Person assures that the publication of the dissertation has been approved by the supervisor.
2. For doctorates, a certain number of printed copies must be submitted to KIM in accordance with the relevant doctoral regulations. The Person assures that the electronic and printed versions of their work are identical in terms of content and form (especially page breaks).
3. A recommendation from the supervising university lecturer must be provided to publish final theses that are not required to be published (e.g., Bachelor’s or Master’s theses). The recommendation must be submitted to KIM or can be sent informally by the university lecturer to KIM by email.
4. In the event that several authors were involved in the individual contributions to a cumulative dissertation, the Person assures that they have obtained the consent of all other authors for publication on hohPublica.
§ 5 Publication on the institutional repository hohPublica of the University of Hohenheim
1. KIM publishes the Digital Object on the institutional repository hohPublica and ensures the bibliographic reference of the Digital Object in local, regional, and national library catalogs and reference tools (HohSearch catalog, union catalog K10plus, German National Library).
2. To ensure that the Digital Object can be cited, KIM assigns it one or more persistent identifiers in accordance with the current state of the art.
3. KIM ensures the future readability of the Digital Object within the scope of its technical possibilities by migrating data if this becomes necessary due to technical developments.
§ 6 Assurances, duty of notification, exemption from liability
1. The Person assures that they alone are authorized to grant the University the rights specified in § 2, that the publication of the Digital Object does not infringe the rights of third parties and that they are authorized to grant the rights agreed in this Agreement. Furthermore, the Person assures that they have not made any dispositions that run counter to this Agreement and, in particular, have not transferred any exclusive right of use to a third party. Finally, the Person assures that they observed the generally recognized rules of scientific work when writing the work.
2. In the event that several authors were involved in the individual contributions to a work, the Person assures that they have obtained the consent of all other authors for publication on hohPublica.
3. The Person undertakes to inform KIM if claims are asserted against the Agreement based on the fact that the Digital Object infringes the rights of third parties.
4. KIM is entitled to block access to the Digital Object if it becomes aware of information relating to the Digital Object that could give rise to liability on the part of KIM towards a third party.
5. In the event of a breach of assurances in accordance with §6(1) and in the event of an intentional or negligent breach of this Agreement by the Person, the Person indemnifies KIM against all third-party claims and all associated costs.
§ 7 Termination of Agreement
1. The Publication Agreement is concluded for an indefinite period.
2. It ends automatically if the right to use the Digital Object reverts to the Person as a result of rights being revoked in accordance with the provisions of copyright law or for other reasons.
