Reforming Copyright or Toward Another Science? A More Human Rights-Oriented Approach Under the REBSPA in Constructing a “Right to Research” for Scholarly Publishing

[Klaus Beiter] Abstract: This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. A substantial part of the discussion examines whether and, if so, in what ways, the REBSPA gives rise to a “right to research,” also in an extraterritorial sense that would require the right to be respected beyond borders, and what the normative implications of such a right would be for copyright and science.