Second Publication Right

In the case of a second publication in open access, a publication previously published in a journal or periodical that is subject to a fee or subscription is also made freely available in a repository with a time delay. Both institutional and subject-specific repositories are suitable here. OpenDoar provides an overview of international repositories.

A second publication can, under certain circumstances, significantly increase both the reach and the reception of a publication and is therefore also in the interest of the researchers.

The right of secondary publication is reserved for the authors. However, the conditions for secondary publication vary from publisher to publisher. Information on this can be found on the publishers' websites or at SHERPA/RoMEO.

Since 2014, the statutory right to secondary publication has been enshrined in Section 38 (5) of the Copyright Act. However, it is subject to certain conditions; the publication must meet the following requirements:

scientific 
publicly funded
First publication in a periodical publication (journal, periodicals)
First publication at least 12 months ago
only the manuscript version accepted by the publisher may be used
Second publication not for commercial purposes
detailed information on the bibliographic data of the first publication

Further information (in german language) on copyright and secondary publication can be found at the Federal Ministry of Education and Research at:

Copyright in Science and Secondary Publication Rights.

The information presented here has been compiled to the best of our knowledge and belief. However, it does not constitute legally binding information. In general, the library cannot provide legally binding information.