Chapter 8: Do we need another copyright or another science? (Re)interpreting the right to science for scholarly publishing
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This chapter identifies copyright impediments existing in the sphere of digital scholarly publishing and makes suggestions as to how such impediments may be overcome. It specifically asks whether expensive commercial scholarly publishers continue to ‘add value’ to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone ‘to enjoy the benefits of scientific progress and its applications’ (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights of 1966. The discussion examines whether and, if so, in what ways, the REBSPA gives rise to a ‘right to research’ - also as a right creating ‘international’ obligations - and it then enquires what the normative implications of such a right would be for copyright and science. Reinterpreting the REBSPA in the light of standards of ‘science adequacy’, this chapter finds that, in the longer term, entire institutionalised science may have to be reconceived. Genuinely open science and the creation of a ‘true’ scholarly knowledge commons require far-reaching changes in the way that copyright applies in the sphere of science.

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