Facilitating Open Access through Open Access Mandates: African Progress and Lessons from Dutch Copyright Law - Centre for Intellectual Property and Information Technology law

"Even if there was such a provision under Kenya or Nigerian copyright law, it is recommended that these countries adopt an open access provision in their copyright laws as Dutch copyright law does. The provision states that “The maker of a short scientific work, the research for which has been paid for in whole or in part by Dutch public funds, shall be entitled to make that work available to the public for no consideration following a reasonable period of time after the work was first published, provided that clear reference is made to the source of the first publication of the work.” Whereas this provision, inter alia, applies only to short scientific works benefiting from Dutch public funds, the effect is that an author cannot assign her right to make the work freely and publicly available."