A fair and modern copyright framework is essential for an enabling European research environment. However, researchers often find that their access, use and reuse of resources essential to their activities is still limited by copyright and related rights.
While, thanks to the 2019 DSM directive, they now benefit from a EU wide text and data mining exception, the exception only covers acts of copying for a specific subset of research activities. The right of communication to the public, which is necessary for cross border or remote access to share resources and research results for the purpose of verification, validation or dissemination, is still not harmonized at the EU level.
The 2nd edition of our publication Nobody puts research in a cage explores real life examples of the impact of the current European copyright regime on the practice of researchers working in Europe and across borders. They illustrate how the current legal framework hampers research transparency, prevents researchers from complying with open access requirements and hinders joint and cross-border initiatives.
We advocate for a EU-wide mandatory research exception to copyright and other exclusive rights for scientific research, as well as a more comprehensive regulation, a Digital Knowledge Act, addressing their needs more broadly. We also argue for international agreements on minimum standards for research to safeguard the Right to Research on a global level.
This publication by COMMUNIA, Centrum Cyfrowe, Wikimedia Sverige and the Intellectual Property Law Institute is issued as part of the Right to Research in International Copyright Law project funded by Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.
