Vernehmlassungsantwort zum Entwurf des Urheberrechtsgesetzes - Parldigi - Digitale Nachhaltigkeit

From Google's English: "The Parliamentary Group on Digital Sustainability (Parldigi) is committed to the sustainable and innovative use of information and communication technologies (ICT) and calls for unrestricted public access to knowledge....The open access strategies of the universities serve not only to science, but also to the general public, and enable access and the long-term preservation of knowledge. However, Open Access can only be implemented in a targeted manner if (scientific) works can actually be published freely accessible. The Swiss Code of Obligations (OR) provides that the rights of the copyright holder are only transferred to the publisher for as long as it is necessary for the execution of the publishing contract (Article 381 para 1 OR). However, this provision may be amended by contract. As a rule, the publishers make use of this possibility by transferring copyrights in standard contracts or general terms and conditions (GTC) in full. In order to prevent this in the future and thus ensure that scientific publications can be made freely accessible to the interested public, a new, compelling provision is to be introduced in the framework of the revision of the URG. Concretely, we propose to supplement Art. 381 OR with the following paragraph:

Art. 381 para. 2 OR (new): 

The right to make a publicly funded contribution for a scientific journal or a scientific collection free of charge may be made available to the publisher. ..."