Today, COMMUNIA releases Policy Paper #23 for a general scientific research exception (also available as a PDF file), advocating for a comprehensive overhaul of the copyright framework for research uses.
The research exceptions in the EU copyright acquis are too limited in scope, not sufficiently harmonised, and display additional conceptual issues, preventing the realisation of the right to research in the EU. Researchers are unable to use all protected subject matter in the same way across the Union, share resources with collaborators in other Member States, and face significant legal uncertainty when engaging in public-private partnerships.
We thus urge the European co-legislators to introduce a mandatory, open, flexible, and non-remunerated research exception that applies across the Union and covers all types of protected subject matter.
Such an exception should apply horizontally to all exclusive rights, have cross-border effect, and permit uses of works and other protected materials for scientific research to the extent justified by that purpose, provided that:
- such use is not directly for commercial purposes, or
- it is carried out under the responsibility of a research organisation or a cultural heritage institution (including collaborations where at least one such entity is involved).
To be effective, this new exception must also be protected against:
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contractual override (including choice-of-law clauses), and
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technological override (such as restrictive technological protection measures).
The European Commission is expected to propose an ERA Act over the course of the 2024-2029 mandate. That regulation must include a strong, harmonised exception to overcome the persistent barriers researchers face in accessing, reusing, and sharing copyright-protected materials.
