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Elsevier
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Copyright

Comparing reuse rights

The below tables compare rights for authors and others under the publishing agreements for open access articles (OA) with CC BY, CC BY-NC and CC BY-NC-ND licenses and subscription articles.

Authors’ rights in the article

OA with CC BY

OA with CC BY-NC

OA with CC BY-NC-ND

Subscription

Receive proper attribution and credit for their published work

Yes

Yes

Yes

Yes

Re-use their article in their own new works, without permission from Elsevier or payment to Elsevier, including by:

• making copies of the article (or part of the article) to promote companies or products they own, whether or not such promotion is commercial;

• including the article in a thesis or dissertation;

• extending the article to a book, including the article in a subsequent compilation of their own work, or re-using portions, excerpts, and their own figures, tables and images from the article in their own new works (which in each case may be published with Elsevier or with a third party commercial or non-commercial publisher, at the author’s discretion)

Yes

Yes

Yes

Yes1

Use and share their article for scholarly purposes, including:

• for classroom teaching;

• at conferences;

• for non-commercial Massive Open Online Courses;

• create translations of the article and authorize others to do so for non-commercial scholarly collaborations and sharing

Yes

Yes

Yes

Yes2

Publicly share the preprint anywhere at any time

Yes

Yes

Yes

Yes

Publicly share the final published article immediately on non-commercial sites e.g., institutional repositories, ensuring attribution

Yes

Yes

Yes

No

Publicly share the final published article immediately on commercial scholarly collaboration networks, ensuring attribution, for the purpose only of hosting by those websites

Yes

Yes

Yes

No

Publicly share the final published article immediately on commercial scholarly collaboration networks, ensuring attribution, for reuse by those websites

Yes

No

No

No

Publicly share the accepted manuscript on non-commercial sites after an embargo period and attaching a CC BY-NC-ND end user license

Yes

Yes

Yes

Yes

Right to license others to exercise the above rights for commercial purposes

Yes

No

No

No

Retain copyright of their article

Yes

Yes

Yes

No

Notes:

  • 1The list is exhaustive in the case of articles published under the subscription model; additional uses/ sharing beyond those listed would require permissions to be requested from Elsevier.

  • 2In the case of articles published under the subscription model: Sharing the Accepted Manuscript for non-commercial Massive Open Online Courses is permitted after the embargo period and provided a CC BY-NC-ND end user license is attached. While the author can create translations of the article for non-commercial scholarly collaborations and sharing, they cannot authorize others to do so.

Authors’ institutions' rights in the article

OA with CC BY

OA with CC BY-NC

OA with CC BY-NC-ND

Subscription

Distribute copies for classroom teaching and internal training purposes

Yes

Yes

Yes

Yes

Include in (online) coursework and courseware programs for use within the institution

Yes

Yes

Yes

Yes

Include in non-commercial Massive Open Online Courses

Yes

Yes

Yes

No

Include in applications for grant funding

Yes

Yes

Yes

Yes

Post publicly as part of theses and dissertations, with DOI links to the formal publication

Yes

Yes

Yes

Yes

Elsevier's rights in the article

OA with CC BY

OA with CC BY-NC

OA with CC BY-NC-ND

Subscription

Rights to publish, reproduce, display, distribute and otherwise use all or any part of the article, including tables, illustrations or other materials, in print, electronic and all other media (whether now known or later developed)

Yes

Yes

Yes

Yes

To prepare derivative works, in any form, in all languages, throughout the world, for the full term of copyright

Yes

Yes

Yes

Yes

The right to license others to exercise the above rights

Yes

Yes

Yes

Yes

Manage permissions for third party reuse and adaptation of the work for commercial purposes

No

Yes

Yes

Yes

Others' rights to use the article without permission or payment

OA with CC BY

OA with CC BY-NC

OA with CC BY-NC-ND

Subscription

Distribute the article for non-commercial purposes

Yes

Yes

Yes

No

Distribute the article for commercial purposes

Yes

No

No

No

Include in a collective work (such as an anthology) for non-commercial purposes

Yes

Yes

Yes

No

Include in a collective work (such as an anthology) for commercial purposes

Yes

No

No

No

Create and distribute revised versions, adaptations or derivative works of or from an article (such as a translation) for non-commercial purposes

Yes

Yes

No

No

Create and distribute revised versions, adaptations or derivative works of or from an article (such as a translation) for commercial purposes

Yes

No

No

No

Text or data mine the article for non-commercial purposes

Yes

Yes

Yes1

No2

Text or data mine the article for commercial purposes

Yes

No

No

No

Notes:

  • Users accessing content as part of a subscription agreement may have additional rights under that agreement. Users should contact their library or subscription management group for more information.

  • Further permission may be required from the rights owner for any content within an article that is identified as belonging to a third party.

    • 1In line with the terms of the end user license, adaptations cannot be shared with others.

    • 2Where legal access is obtained by a user, that user is able to text or data mine subscription articles for non-commercial purposes without sharing any adaptation of the original content with others.

Publishing Agreements at Elsevier

Authors publishing with Elsevier sign a Publishing Agreement. This has several important functions, including to confirm the author has complied with publishing ethics policies and that the published article will be the final version of record. When publishing open access, the publishing agreement will set out the terms of the license the author grants to Elsevier to publish their article. In the case of publishing subscription, the agreement will transfer copyright to Elsevier and set out reuse rights to the work. Note: In some circumstances, authors may instead grant Elsevier (or the learned society on whose behalf we publish) an exclusive license to publish and disseminate their work. Please see links to sample Publishing Agreements below.

Additional information on how Elsevier manages commercial licenses for open access articles published under CC BY-NC-ND or CC BY-NC licenses

Our experience, based on requests from authors globally across decades, is that the rights that authors themselves have, when publishing open access under a non-commercial Creative Commons license (outlined above), cover the vast majority of the situations in which authors wish to use their work. Authors who are unclear whether their intended use is covered by these rights, should submit their enquiry here 새 탭/창에서 열기 to obtain further guidance.

Elsevier sometimes receives direct requests from third parties, such as pharmaceutical companies, to re-use and adapt the article. Elsevier maintains relationships with service providers (such as Rightslink and other reproduction rights organizations) to manage these requests. Elsevier incurs costs in undertaking these activities, and may charge third parties a fee when granting permissions for re-use or adaptation of the article.

Authors publishing under the CC BY-NC-ND or CC BY-NC licenses agree not to license any third party to reuse their articles or any part of their articles for commercial purposes. Elsevier has the exclusive right to license third parties to do this. This enables Elsevier to ensure compliance with applicable laws and regulations and control over appropriate commercial use by third parties.

Authors who are government employees

For US government employees, works created within the scope of their employment are considered to be public domain and Elsevier's publishing agreements do not require a transfer or license of rights for such works.

In the UK and certain commonwealth countries, a work created by a government employee is copyrightable, but the government may own the copyright (Crown copyright). Click here for information about UK government employees publishing open access.

Authors publishing in society-owned journals

Please note that the above terms may differ for society-owned journals. Please refer to the journal homepage and Guide for Authors, or contact the journal for further information.

Find out more

Frequently asked questions