Quand les articles scientifiques ont-ils cessé d’être des communs ? | Pierre-Carl Langlais | Sciences communes | 2015
ab1630's bookmarks 2020-11-23
Google Translate: "When did scientific papers cease to be commons?
The answer is: later than you think ...
While the first laws on copyright or copyright date back to the 18th century, they did not apply uniformly to all texts. Articles in periodicals remained a special case for a long time: they first belonged to a de facto public domain (case law failed to establish their membership in the general copyright regime); From the 1850s, international literary protection treaties provide for a free license by default (all journal articles can be reproduced without the author's consent, provided they are cited).
These exceptions did not begin to disappear until 1908 when the Congress of Berlin established that literary, artistic and scientific works published in the “periodical collections of one of the countries of the Union, cannot be reproduced in other countries without the consent of the authors. The provision marks a definitive process of standardization, which will be updated a little later: not all the signatory countries of the Berne Convention have adopted this new version; and, above all, scientific journals do not immediately modify old practices (in some disciplines they still survive today).
This part of the history of common scientists has been largely forgotten: I have not found any studies or secondary sources devoted to it. And yet, while the open access movement is gaining momentum and there is serious talk of enshrining it in law , the rediscovery of this relatively recent past constitutes an important contribution to the public debate. To know, for example, that from 1852 to 1908, France and most of the European countries already implemented, in their bilateral treaties, a policy of “free access”, by enacting by default a license quite similar to the CC- license. BY , shows that the opening of scientific publications is not a new fad born from the rise of the web, but, indeed, a fundamental aspiration of the academic and intellectual communities...."