3.4.2-2 What obligation must always be kept in mind when concluding a publishing contract and where can this be a problem in the academic sphere in particular?


When publishing a book, an anthology or a monograph, the author may not publish the work elsewhere, as long as the editions to which the publisher is entitled have not yet been exhausted (art. 382 para. 1 CO) This can be a problem if a publication should not only be published by a publishing house but also be made available as open access. The publishing house must then give its consent to make the work available as open access.
When publishing a paper or a contribution to collections, there is an exception to the general rule, permitting the re-publication as open access after 3 months from its first publication. (art. 382 para. 3 CO).