Open science and the copyright law: Through the prism of three step test
Document Type
Conference Proceeding
Publication Title
Australia and New Zealand IP Academics' Minicon
Publisher
Intellectual Property Research Institute of Australia
School
School of Business and Law
RAS ID
32080
Abstract
Enabling open science has many advantages and is essential in order to spread scientific knowledge and to allow others to build upon it. Open science relates to the traditional idea that scientific research results and data should be accessible to all. Open science is generally regarded as an effective way to increase the reliability of scientific research. Empirical research has shown that open science has a potential to boost research visibility of scholars and significant scientific impact of publications. In practice, open science often encounters different types of limitations, such as the legal framework, publishing practices and restraints imposed by various stakeholders. These limitations restrict the opportunities to effectively operationalize the principles that have been adopted at the international, national and regional level. Scientists often transfer (all or some of) their economic rights to the publishers of scientific journals. However, copyright law should also balance the interests of those who create content and own those exclusive rights with the public interest in having the widest possible access to that content. In theory, open science could support copyright law in achieving these objectives by facilitating access to scientific knowledge ultimately promoting progress in science. Digital technologies have radically changed the way creative content is produced and accessed. This has resulted in significant challenges for the international and national copyright law frameworks
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Comments
Koutras, N. (2020, September). Open science and the copyright law: Through the prism of three step test [Paper presentation]. Australia and New Zealand IP Academics' Minicon, Melbourne, Australia. https://law.unimelb.edu.au/centres/ipria/research/ip-academics-mini-conference