The only legal effect of the Open Access to Scholarly Articles Policy is to create a limited license for the University to make scholarly articles available for non-profit open access purposes. There is more detailed information about the specifics of that license, and about which kinds of articles are considered "scholarly articles" in the policy's FAQ.
In some circumstances, an author may wish to revoke that license to the University. The policy provides for this, by including an option for any author to request a waiver of the policy, which must be automatically granted.
You may need a waiver if:
- Your publisher says you need a waiver of any institutional open access policies, or any licenses or rights held by your institution.
- You simply do not wish for the University to have these limited rights to your article.
You probably do not need a waiver if:
- You do not wish to make your work available immediately after publication. Since the policy does not require you to share your articles at any time, and any action on the University's part to help authors make their works available will involve communication with authors, and respect authors' wishes, you do not need a waiver to delay sharing your publication. You can simply wait, and when you are ready to share, deposit your article in the University Digital Conservancy (or elsewhere) at a later date.
- You want to retain copyright ownership of your article. The open access policy does not remove any rights that belong to authors - it simply creates an additional ability for the University to share the article. The Regents' Copyright Policy affirms that University of Minnesota employees who are faculty members, or any other "individuals who hold faculty-like appointments", own the copyrights in their academic works. (The policy FAQ goes into more detail about which University authors are affected by the policy.) A waiver is only needed if you wish to invalidate the additional limited license to the University.
Additional questions? Contact firstname.lastname@example.org.