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.
https://ssrn.com/abstract=4857765
| Artificial Intelligence |
| Research Data Curation and Management Works |
| Digital Curation and Digital Preservation Works |
| Open Access Works |
| Digital Scholarship |
