Open Access Charter undergoes judicial review

21.11.2016

As one of the pioneers in the area of Open Access, the University of Konstanz published a Satzung zur Ausübung des wissenschaftlichen Zweitveröffentlichungsrechts (Charter on the exercise of the secondary publication right in scholarly works) on 10 December 2015 obliging its scientists to exercise their so-called Zweitveröffentlichkeitsrecht ("secondary publication right") under Section 38 (4) of the German Copyright Act (UrhG), which states: "The author of a scientific contribution that is the result of a research activity publicly funded by at least fifty percent and that has appeared in a collection which is published periodically at least twice a year has the right, even if he has granted the publisher or editor an exclusive right of use, to make the contribution available to the public in the accepted manuscript version upon expiry of 12 months after first publication, unless this serves a commercial purpose." Seventeen lecturers at the University of Konstanz have submitted a voidance petition against these regulations. The University of Konstanz will respond to the petition within the specified time limit.

Link to University of Konstanz press release