Addressing Copyright Limitations: Enabling Open Access to Publicly Funded Research in India

Abstract:  The accessibility and availability of publicly funded research outputs are critical for the scientific development, innovation, and social development of any country. But national copyright law and commercial publishing culture around the world are hindering the dissemination and reuse of such research. Even though there are some exceptions of fair dealing for research and education under the Indian Copyright Act, 1957, these do not provide for explicit measures encouraging up-to-date Open Science practices like Text and Data Mining (TDM) and institutional repository archiving. Additionally, excessive Article Processing Charges (APCs) imposed by commercial open-access publishers act as a barrier to finances faced by researchers, particularly those funded by the public sector, in order to publish and disseminate their research outcomes instantly. This paper examines India's copyright legislation shortcomings in assuring fair access to publicly financed research, particularly in the light of emerging new digital research strategies and artificial intelligence (AI). It assesses the impact of international policy tools, namely UNESCO Open Science Recommendation (2021), on Open Access policies of India. Besides, it draws comparative lessons from Latin American and European nations that have effectively embraced the Diamond Open Access model, a just model whereby authors and readers are not charged money. The paper also addresses the role of the World Intellectual Property Organization's (WIPO) Standing Committee on Copyright and Related Rights (SCCR) in contributing to the establishment of principles for limitations and exceptions in copyright law that promote Open Access and Open Science. Specifically, it takes into account the principles and objectives that should guide SCCR's work on a global instrument on exceptions and limitations (SCCR/43/8), with particular emphasis on: (1) strengthening exceptions and limitations for text and data mining research due to the rapid developments in AI; (2) addressing cross-border copyright exceptions and limitations affecting preservation, education, and research; and (3) ensuring international copyright policies align with the UNESCO Open Science Recommendation in the interest of advancing equitable access to knowledge. This report requires a general international policy framework that ensures Open Access to publicly funded research by expanding copyright exceptions, aligned institutional policies, and sustained public funding for non-commercial Open Access publishing activities. A few of the key proposals are reinforcing research and education limitations and exceptions in India, aligning the national policy with global Open Science initiatives, and urging WIPO to develop worldwide standards promoting Open Access to publicly financed research. By promoting the incorporation of Open Science ideals into the current SCCR deliberations regarding limitations and exceptions for research, education, libraries, and archives, India and other members of the Global South can reap substantial advantages by harmonizing their policies with new global norms—guaranteeing publicly funded knowledge to everyone and ensuring that international copyright systems facilitate fair access to scientific information in the public interest.