Copyright, the Right to Research and Open Science: about time to connect the dots by Christophe Geiger, Bernd Justin Jütte :: SSRN

Hanna_S's bookmarks 2024-06-18

Summary:

Abstarct "Open Science is a broad concept which main purpose is to enable researchers to access information necessary, and often essential, to drive their own or collective research forward. It is aimed at the sharing of knowledge and information instead of their monopolization. While there has always been an inherent tension between copyright and access to information, it was amplified in the digital environment due to the additional tools (such as technical protection measures and online filters, access on demand) available for rightholders to monetize the access to digital works. In this contribution, we highlight the necessity to design a research-enabling copyright framework that provides researchers with access to the necessary knowledge, information and data, and to tackle the challenges of the future.

For that purpose, we examine copyright through the prism of the Open Science movement and in the light of a ‘right to research’ and connect both to a larger, constitutional argument which suggests that enabling research through copyright law is a pressing constitutional imperative. Based on this theoretical framework, we suggest substantive and institutional modifications to copyright law, through legislative interventions and judicial interpretations that would remove significant barriers towards open science as envisaged by European and international institutions. The conflict between the proprietary interests of rightholders and the societal interests in unhindered, purpose-bound research should, in case of doubt, be decided in favour of research and open science as crucial enablers for innovation and progress. For authors, remuneration is most of the time not the primary motivation or incentive to produce research; they can often rely on other revenues (e.g. through institutional employment) and other interest prevail, such as the broadest possible dissemination of their works that will secure them reputation and career advancement. The incentive mechanisms therefore are entirely different in the research field compared to other creative sectors, an aspect that must be taken into account when designing a research-friendly copyright system."

Link:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4857765

Updated:

06/18/2024, 16:39

From feeds:

Open Access Tracking Project (OATP) » Hanna_S's bookmarks

Tags:

oa.new oa.open_science oa.copyright oa.law oa.recommendations

Date tagged:

06/18/2024, 20:39

Date published:

06/17/2024, 16:39