Hi all. When it comes to author rights under the UC OA policies, I frequently relay that authors have the right to deposit their final accepted manuscripts immediately upon publication, without an embargo period. This is often contradicted by author publication agreements, which state that this version may be made available on a website or in the IR after a 12-month or some other embargo period. So I'll refer the author to the OSC FAQ that explains this discrepancy.

My question is, how is this right still preserved even when an author signs a publication license agreement contradicting it? I'm thinking about how fair use can be thwarted by the library signing a license agreement that restricts or eliminates what would be fair use without the license. Yet in this case we tell authors that they have the right to share their article beyond what is allowed in a standard publication agreement. 

Thanks in advance,

Anneliese