Taverne Amendment
If you can’t immediately publish Gold or Hybrid Open Access, you are allowed to publish the final published version of your work Open Access six months after the first (online) publishing date, through a special article in the Dutch Copyright Act.
Taverne Amendment
Article 25fa of the Dutch Copyright Act, also known as the Taverne Amendment, allows researchers to share short scientific works, regardless of any restrictive publisher’s guidelines. Short scientific works include articles, book chapters or book sections in an edited book and conference publications. Article 25fa of the Dutch Copyright Act states that:
The maker of a short scientific work, the research for which has been paid for in whole or in part by Dutch public funds, shall be entitled to make that work available to the public for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work.
A reasonable period of time is nationally defined as six months after the first (online) publication. Additional information on the Taverne Amendment can be found here.
Conditions for participation
Depending on your employment contract, you need to meet the following conditions to be able to participate:
Workflow
To open your closed publications in Research@WUR under the Taverne Amendment, you need to authorise WUR Library to do so:
- Please fill in the participation form and select your preference per publication. Primarily, you can select peer-reviewed articles from 1 January 2020 onwards. Later on (2021 – 2022) the form will also include articles from earlier years, book chapters and conference proceedings.
- You can give permission at any time, including upon publication.
- WUR Library will make the full text of the indicated publications publicly available in Research@WUR after a six-month embargo period. From there, the publications will automatically be indexed in major databases and search engines.
- If you want to withdraw your consent, you can fill in a revoke consent form at any time. As such, you will keep full control over which of your publications will be opened under the Taverne Amendment. Additional information can be found here.
FAQ Taverne Amendment
Why do I need to sign an online agreement?
Article 25fa of the Dutch Copyright Act is a personal right, which grants you permission to publish your short scientific work(s) Open Access in a Dutch university repository. WUR Library needs your permission to make your work openly available. If you leave WUR, the publications disclosed during your employment will remain in Research@WUR. The online agreement also warrants full legal backing. You can always retroactively decide to exclude scientific work(s) from your permission by using the WUR revoke consent form 1 March 2021 onwards or by contacting WUR Library. This can also be done if you no longer work at WUR.
Do I need permission from my co-authors?
No, Dutch law gives you the right to make your short scientific work(s) Open Access, regardless of the rights of your national or international co-authors. However, WUR Library recommends that you inform your co-authors.
Can a publisher object to the researchers’ use of the Taverne Amendment and, if so, what are my legal guarantees?
Publishers with whom the VNSU has made agreements have been informed about the Taverne Amendment. The legal basis of the Taverne Amendment was also thoroughly researched and tested in a Dutch pilot. During this pilot, no legal objections were raised by any publisher. However, if a publisher should object, WUR guarantees legal backing. If the publisher addresses you personally, please contact WUR Library immediately. WUR Library will take over the correspondence for you.
Can I share my publications which are made Open Access through Taverne on commercial platforms?
No, you are not allowed to share your publications on commercial platforms, such as ResearchGate. You can, however, link to the Open Access publications in Research@WUR.
Do all Dutch universities participate in the Taverne Agreement?
Yes, all Dutch universities participate. For more information, visit this page.
Why an embargo period of six months?
Six months strikes a balance between the societal interest to share academic work quickly and the publisher's interest to recoup the costs incurred in exclusively publishing the final version. In many fields, a six-month embargo period is already the standard for publishers and funders. The embargo period commences when the article is first published (online).
Is the Taverne Amendment Plan S compliant?
No, Plan S requires you to retain your copyright and publish without any embargo under a CC BY licence. This cannot be achieved by the Taverne Amendment because it uses a six-month embargo period.
May I share my work if the publisher has established an embargo period longer than six months?
Yes, the Taverne Amendment applies if the short scientific work (article or book chapter) meets all the conditions. These conditions are mentioned above. The Taverne Amendment overrules any requirements a publisher may have.