Open Access: Between Coercion and Incentive
peter.suber's bookmarks 2026-05-02
Summary:
From Google's English: "The Federal Constitutional Court (BVerfG) declared the provision regarding a so-called secondary publication obligation in the Baden-Württemberg Higher Education Act (LHG BW) incompatible with the Basic Law and therefore void in its decision of March 24, 2026. Section 44, paragraph 6 of the LHG BW is a provision in the field of copyright law and thus falls under the exclusive legislative competence of the Federal Government pursuant to Article 73, paragraph 1, number 9 of the Basic Law. The BVerfG did not, however, conduct a substantive legal assessment of the secondary publication obligation."