Informationsplattform Open Access: Current discussion on OA and copyright

Current discussion on Open Access and copyright

On 11 February 2009, an article by the Heidelberg scholar of German language and literature Roland Reuss entitled A clandestine technocratic coup d'état appeared in the Frankfurter Allgemeine Zeitung, one of Germany's leading daily newspapers. The article triggered a debate on Open Access, scholarly authors' freedom to publish in the medium of their choice, and the future of medium-sized scholarly publishers. The controversy centred around the claim that developments such as Open Access mandates or the fact that research funders require as a condition of grant that publications resulting from funding be made openly accessible, restricted authors' freedom to publish, and jeopardised the existence of medium-sized scholarly publishers.

At the same time, the debate on the effects of the Google Book Settlement intensified in Germany. Reached in October 2008, this settlement resolved Google's copyright dispute with the American Authors' Guild and the Association of American Publishers. The original version of the settlement also affected authors and publishers in Germany. Following many protests (including some from interested parties in Germany such as the German Publishers and Booksellers Association) focusing on the perceived infringement of applicable copyright law and expressing fears that the settlement would lead to monopolisation, and in response to a request by the US Department of Justice that the settlement be revised, an amended version was filed with the competent court in New York on 13 November 2009. This version extends only to books published in the US, Canada, Australia and the UK or registered with the United States Copyright Office. Hence, the amended settlement no longer extends to all German books but only to those registered with the US Copyright Office.

Although there is no objective connection between the Google Library Project and Open Access, both issues have been jumbled up in the debate. The reservations and opposition towards Google escalated into resentment against Open Access, too. This prompted representatives of the Open Access movement to respond accordingly. In May 2009, the Coalition for Action "Copyright for Education and Research" issued a recommendation to its signatories and to all other scholars and scientists about what course of action to take with regard to the Google Book Settlement. At the beginning of June 2009, this recommendation was supplemented by a number of further recommendations in response to collecting society VG WORT's resolution on how the Google Book Settlement should be dealt with. The Coalition for Action deems the amended version of the Google Book Settlement detrimental to education and research in Germany and to the visibility of knowledge produced and published in this country (cf. press release). Indeed, even the German Publishers and Booksellers Association, one of the staunchest opponents of the Google Book Settlement, has criticised the new version of the settlement; it fears that the restriction of the settlement to books from the US, Canada, Australia and the UK will exclude most of Europe from the book digitisation programme (cf. focus.de).

The following compilation provides an overview of the ongoing debate.

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Press review

Heidelberg Appeal

Further articles against Open Access

Dissenting voices:

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Events on the subject of copyright and in connection with the Heidelberg Appeal

  • Vom Eigentum geistiger Arbeit im Zeitalter elektronischer Reproduzierbarkeit. Podiumsdiskussion, organisiert von der Grazer Autoren/Autorinnen Versammlung und dem Republikanischen Club – Neues Österreich (The ownership of intellectual works in the age of electronic reproducibility. A podium discussion organised by the Graz Writers' Association (GAV) and the Republican Club - New Austria) June 24th, 2009 in Vienna.
  • Wem gehört das Wissen? Diskussion über Open Access, Google Books und den Heidelberger Appell - Erste Veranstaltung der neuen Reihe "Die ZMI-Wissenschaftslounge" des Zentrums für Medien und Interaktivität (ZMI) der Universität Gießen (Who owns knowledge? Discussion on Open Access, Google Books and the Heidelberg Appeal - The first session of a new series of the  Centre for Media and Interactivity's "ZMI Science Lounge") University of Giessen, July 9th, 2009
  • Autorschaft als Werkherrschaft in digitaler Zeit. Tagung, organisiert von der FAZ und dem Reußschen Verein "Institut für Textkritik", (Authorship as sovereignty over works. A conference organised by the FAZ and Reuß' club "The Institute of Textual Criticism") , July 15th, 2009 at the Literaturhaus in Frankfurt upon Main
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Further discussion and articles

  • Guido Graf: Wissen und Eigentum. Vom ewigen Wandel des Urheberrechts (Knowledge and property. Copyright in a permanent state of flux), Deutschlandradio Kultur, May 20th, 2009
  • Ilja Braun: Angriff der E-Book-Piraten. Die Verlage bekommen Konkurrenz, das Urheberrecht wird aufgeweicht: Hilft eine Kultur-Flatrate? (The E-book pirates' assault. Publishers are encountering competition, copyright is being weakened: does a culture flatrate help?), Welt online, March 21st, 2009
  • Christian Sickendieck: Wie wollen wir die Kreativen im Netz bezahlen? (How are we going to pay the creative professionals on the Net?). Blog post, June 24th, 2009
  • In addition, an intense debate on the subject has been taking place in the discussion list InetBib (Internet in libraries). Contributions to the discussion can be viewed in the list archive under the subject heading Ulmer-Brief (Ulmer's letter)

Discussion unfolding on new ancillary copyright for publishers

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