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Published October 20, 2022 | Version v1
Presentation Open

EU copyright and related rights and access to and reuse of scientific publications, including open access

  • 1. University of Cambridge

Description

This presentation analyses a recent study on EU copyright law and (open) access to and re-use of scientific publications. The issue arises as a result of current scientific publishing practices, which commonly require the transfer of copyright from researcher-authors to publishers, thus impeding (open) access and re-use. The study begins by considering the possibilities for re-use enabled by the exceptions and limitations (E&Ls) to copyright in the current EU legal framework. Focus lies on two E&Ls – the research exception and the quotation exception – and on the fundamental rights framework that underpins them. The study then examines two ways to facilitate access to scientific publications: via non-­legislative and via legislative means. At the non-legislative level, employers and funders are experimenting with Rights Retention Strategies (i.e., strategies designed to allow researchers to retain their copyright) and open access mandates (i.e., obligations on researchers to publish results in open access). On the legislative level, certain EU Member States have recently introduced a Secondary Publication Right (SPR), i.e., a right for the author of a scientific publication to make it available online for free following an embargo period. On the basis of the analysis, the study concludes with a list of legislative and non-legislative recommendations to encourage greater access to and re-use of scientific publications in Europe.

 

Presentation for the 7th AISA Conference https://aisa.sp.unipi.it/attivita/vii-convegno-annuale/vii-convegno-annuale-programma/

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C Angelopoulos - Reuse of and access to scientific publications .pdf

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