The Green route to Open Access (OA), meaning the re-publication in OA venues of previously published works, can essentially be executed by contract and by copyright law. In theory, rights retention and contracts may allow authors to re-publish and communicate their works to the public, by means of license to publish agreements or specific addenda to copyright transfer agreements. But as a matter of fact, because authors lack bargaining power, they usually transfer all economic copyrights to publishers. Legislation, which overcomes the constraints of a contractual scheme where authors usually have less bargaining power, may deliver a (digital) second publication or communication right, which this paper discusses in the context of research publications. Outlining the historical and philosophical roots of the secondary publication right, the paper provocatively suggests that it has a “moral” nature that even makes it a shield for academic freedom as well as a major step forward in the overall development of OA.

Academic Copyright, Open Access and the “Moral” Second Publication Right / Caso, R.; Dore, G.. - In: EUROPEAN INTELLECTUAL PROPERTY REVIEW. - ISSN 0142-0461. - 2022:6(2022), pp. 334-343.

Academic Copyright, Open Access and the “Moral” Second Publication Right

Caso R.;Dore G.
2022-01-01

Abstract

The Green route to Open Access (OA), meaning the re-publication in OA venues of previously published works, can essentially be executed by contract and by copyright law. In theory, rights retention and contracts may allow authors to re-publish and communicate their works to the public, by means of license to publish agreements or specific addenda to copyright transfer agreements. But as a matter of fact, because authors lack bargaining power, they usually transfer all economic copyrights to publishers. Legislation, which overcomes the constraints of a contractual scheme where authors usually have less bargaining power, may deliver a (digital) second publication or communication right, which this paper discusses in the context of research publications. Outlining the historical and philosophical roots of the secondary publication right, the paper provocatively suggests that it has a “moral” nature that even makes it a shield for academic freedom as well as a major step forward in the overall development of OA.
6
Caso, R.; Dore, G.
Academic Copyright, Open Access and the “Moral” Second Publication Right / Caso, R.; Dore, G.. - In: EUROPEAN INTELLECTUAL PROPERTY REVIEW. - ISSN 0142-0461. - 2022:6(2022), pp. 334-343.
File in questo prodotto:
File Dimensione Formato  
LTRP_47_Caso_Dore_07.12.21-1.pdf

accesso aperto

Tipologia: Post-print referato (Refereed author’s manuscript)
Licenza: Creative commons
Dimensione 791.03 kB
Formato Adobe PDF
791.03 kB Adobe PDF Visualizza/Apri
Caso_Dore_2022_44_EIPR_Issue_6_Proof_2_rev. 16.04.22-2.pdf

Solo gestori archivio

Tipologia: Post-print referato (Refereed author’s manuscript)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 473.13 kB
Formato Adobe PDF
473.13 kB Adobe PDF   Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/345983
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact