Open Access is not an infringement on copyright and making your work Open Access is perfectly legal.
Authors own the original copyright to papers they write, and publishers need their permission to publish the paper. In author-publisher contracts, publishers often ask for transfer of the copyright, sometimes even when the paper is first submitted to the journal. However, authors can always choose to retain their copyright and provide the publisher with a license to publish.
Even when the author has signed away author’s rights, it is still possible to provide open access through self-archiving the work in a repository. The Sherpa/RoMEO site offers an overview of official publishers’ policies about self-archiving.
If you want to know more about copyright in relation to open access:
If you have other questions related to Intellectual Property Rights
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