By publishing through OPAL you agree that you have considered the following questions and their implications:
1. Was the Material created under a contract or grant? If yes, contact the Research Office at firstname.lastname@example.org to discuss.
2. Does the Material contain any potentially valuable intellectual property (e.g. patentable inventions, data that could be licensed for a fee, software, training materials, designs, trade secrets, ideas or similar)? If yes, please contact the IP Manager at email@example.com to discuss.
3. Did anyone else make a contribution to the Material (e.g. co-authors or co-creators, other staff or students, background or third party materials such as data, artwork, music, software code)? If yes, you will need their agreement and may need to acquire a third party licence. Please contact the Copyright Advisor David Janssen at firstname.lastname@example.org to discuss.
4. Does the Material contain any personal information or health information that could be used to identify any other person (e.g. names, images, addresses, other identifiers)? If yes, please contact the Privacy Officer at email@example.com to discuss.
5. Does the Material include any Teaching Materials or a Computer Program? If yes, you will also require the permission of your Head of School (or higher) for its publication.
1. La Trobe University (LTU) maintains this OPAL digital repository (OPAL) for LTU staff to store, share and make available online research materials, data or other copyright works or metadata (Material). By submitting Material to OPAL, you agree to the following terms (Terms).
2. You may only submit Material to OPAL if you are the owner of the Material, or have all necessary licences from the copyright owner/s of the Material to do so in accordance with these Terms.
3. You must not upload any Material to OPAL that:
· infringes the copyright, moral right or other intellectual property right of any person;
· infringes the privacy or other right of any person;
· is defamatory, offensive, false, misleading, abusive or obscene;
· is confidential or commercially sensitive or you do not have permission to disseminate; or
· otherwise violates any laws.
4. By submitting Material to OPAL, you represent and warrant to LTU that:
· you are the owner of the Material or have obtained all necessary consents and licences of the owner/s to submit the Material in accordance with these Terms;
· you have complied with all of LTU’s statutes, regulations, policies and procedures as in force from time to time, including but not limited the Intellectual Property Statute and Intellectual Property Policy, Research Data Management Policy, Authorship of Research Outputs Policy and Social Media Procedure (copies of which are available at: policies.latrobe.edu.au/); and
· if the Material is subject to any third party agreement (including any funding, consultancy or collaboration agreement), that you have complied with all obligations of that agreement, including with respect to any confidentiality or publication restrictions or other permissions that may be required.
5. By submitting Material to OPAL, you grant to LTU a perpetual, royalty-free worldwide licence (including the right to sublicense) to use, reproduce, communicate and publish the Material for any purpose and, where you elect to publish the Material through OPAL, in accordance with the terms of the licence you have selected.
6. If you elect to publish Material through OPAL, you acknowledge you have read and understood the terms of the relevant licence selected and have all necessary consents (including from LTU and any owners or authors of the Material) to publish it in accordance with the terms of that licence.
7. You acknowledge and agree that nothing in these Terms affects or waives any right of LTU as described in the Intellectual Property Statute of Intellectual Property Policy as in force from time to time.
8. LTU may at any time (without notice and for any reason) remove or suspend access to the Material, including (but not limited to) where LTU suspects the Material may infringe the intellectual property or other right of any person, violate any laws or not comply with these Terms.
9. You may by notice to LTU request the removal of any Material from OPAL and LTU agrees to comply with such a request within a reasonable time. LTU may retain and allow access to metadata in relation to the Material and may retain a copy for archival and record keeping purposes.
10. LTU provides OPAL "as is" and accepts no responsibility for any loss, unavailability, corruption, misuse, unauthorised access to, or use by any user or end user of any Material submitted. It is your responsibility to ensure you have backups of your Material and the Material complies with these Terms.
11. These Terms are governed by the laws of the State of Victoria, Australia.