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2009-03-15 12:35

Article on Open Access, international provisions and legal feasibility


In his doctoral thesis, Marcus Hirschfelder deals with "The Demands on the Legal Enshrinement of the Open Access Principle". The current issue of the online journal JurPC features a summary of the work entitled Open Access - Principles, International Provisions, Legal Feasibility. According to the author, the full text of the complete work, which was published by Alma Mater publishers in Saarbruecken, will, in the foreseeable future, be made freely available online under a cooperation agreement between Alma Mater and the Institute of Legal Informatics of the University of the Saarland.

Eric Steinhauer posted a comment on the article in his library law blog Bibliotheksrecht in which he questions Hirschfelder's interpretation of the secondary rights proposed under the Second Basket of German copyright law reforms as primarily serving the public interest in the freest possible access to scientific and scholarly information and hence as being a new exception and limitation to copyright, the introduction of which would be precluded under EU legislation. Steinhauer, on the other hand, regards secondary rights as being a statutory provision governing copyright agreements and hence considers them permissible under EU law.  


Marcus Hirschfelder: Open Access - Principles, International Provisions, Legal Feasibility

Eric Steinhauer: The right of secondary publication - a limitation?