The difficult relationship between Open Access and Copyright Argyri Panezi 20/10/15 Roundtable: The evolution in publishing EUI Open Access Week

Definitions Copyright: exclusivity right afforded by law to right-holders (authors, etc.) Exclusivity (right for the holders and restriction for the rest) -Use -Reproduction -Distribution Open Access literature: digital, online, free of charge, and free of most copyright and licensing restrictions (Peter Suber)

Copyright v. OA? Enclosure (exclusivity) vs. Openness Exclusivity, however, is not without limitations: -fair use (US) -exceptions lists (European jurisdictions) -international copyright law: 3-steps test Legal limitation: jurisdictional divide in copyright law [spillovers to OA when today we are interested in access across borders]

Systems in conflict? Questions The traditional (journal) publishing model is based on copyright Growing dissatisfaction with the traditional publishing model (1. price increase/ double payment when research is publically funded & 2. technological change) Doubt on the impact of copyright as incentive to authorship

Systems in conflict? L&E scholarship Scholarship investigating the role of copyright in academic publishing -see Shavell, Should copyright for academic works be abolished? (2010) -see extensively Scheufen, Copyright versus Open Access (2015) Economic analysis: Comparison between the classic copyright regime and an open access regime Consequences of a regime change (on the various stakeholders)

Shift towards OA? Shift to an open access model will not be smooth without legislative steps (Shavell) The co-existence of the two systems might not be optimal / need of legislative reforms (Scheufen)

Neutrality of copyright Is copyright flexible enough to be seen as neutral towards OA or CA? Do we want it to be neutral or encouraging a certain type of access-incentives balance? (see recent Google Books) Is it a market v. no market question? Is there a market in OA? Is there a market in CA? (copyright creates an artificial market) Is it that OA and CA are competing in the same market? If yes, is the competition fair or doomed for OA? Do we want to change that systemically?

The real conflict Not Copyright v. OA but OA v. CA Reformed copyright is necessary, for various reasons also outside the needs of academic publishing Reformed copyright can provide a good legislative environment for OA to flourish (see the success but also the limitations of the CC) Separating competition in and outside academia? (OA publishing strengthened from within the Institutions)

Thank you.