Secondary Publishing Right: Exploring Opportunities and Limitations - Workshop 9 December 2021: Presentations

Focusing on the Green Road, this workshop took place (online) on 9th December 2021. The speakers presented and discussed the second (or secondary) publication right within the context of scientific publications as a key instrument to implementing Open Access (OA). Legislative models were presented from across Europe; including Germany, Italy, the Netherlands, France and Belgium.

In addition, the following questions were covered during the discussion: 
- How should the notion of "publicly funded research" be interpreted and how the extent of public funding should be calculated when complying with relevant indications (usually percentage of public funding is indicated as 50% or more)? This seems important to understand how to deal with the circumstance that research is financed with contributions from the private sector or charities. 
- How laws granting secondary publishing rights should be applicable across different Member States in EU when not all of them do not have specific provisions on secondary publishing rights? What are the relevant elements (e.g. establishment of the author or of the publisher, etc.) to determine which law on secondary publishing should be applicable? 
- What is the approach of Universities concerning secondary publishing right on works produced by members of their staff, for instance in their regulations, contracts, etc.?
- How CC licenses can be applied in the context of secondary publishing? 
- How the LIBER model law for secondary publishing could find practical application?
- What is the status of art in other countries which the present workshop did not cover, as for instance UK and Ireland?

This workshop is co-organised with members of the reCreating Europe project and LIBER.

This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No. 870626.