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A few days ago, I received an email from the IEEE copyright team informing me that one of my articles had been removed from my researchgate account due to a copyright violation. However, after the 24th month of the embargo period, I published my paper on researchgate. In response to my request, IEEE stated that even after the embargo period, I am not permitted to upload articles in any public repository other than my institution's public repository.

Can a journal prohibit an author from releasing the article after the embargo in a public repository/website, such as ResearchGate?

PS: The posted article is 20~25% extended work.

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    Read the release form you signed giving the IEEE the right to publish your work. It will probably describe the restriction you cite.
    – Ethan Bolker
    Dec 4, 2021 at 12:10
  • *IEEE policy provides that authors are free to follow funder public access mandates to post accepted articles in repositories. When posting in a repository, the IEEE embargo period is 24 months. However, IEEE recognizes that posting requirements and embargo periods vary by funder. IEEE authors may comply with requirements to deposit their accepted manuscripts in a repository per funder requirements where the embargo is less than 24 months. ------ IEEE don't restrict, rather let funder decide it. My funding agency don't put any restriction.
    – Mohaqiq
    Dec 13, 2021 at 7:52

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Like everyone else you are bound by applicable copyright laws. If you have given up copyright to a publisher then you can only do certain things with your work. Likely you were given a specific license when you signed the agreement and it permits some, but not all uses.

So, depending on agreements made, yes, they are within their legal rights or not.

You imply that the article is extended work, but also that about 75% of it overlaps the earlier work. That is the heart of the problem. Another person would not be able to publish such a paper without permission of the publisher (copyright holder).

A version of the new work that quotes judiciously and cites the earlier work would not have this problem.

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I would suggest to upload your article in your institution’s repository. At research gate you present an abstract with link to your institution’s repository. No restrictions in sharing a link, I suppose.

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