Academic Freedom, Copyright, and Access to Scholarly Works: A Comparative Perspective

Abstract

The right to academic freedom protected both under international treaties and national constitutions is at the very heart of social, cultural, and economic development. As far as scientific research and teaching are concerned, copyright has to be considered within the context of a proper balancing of rights. This issue will be addressed taking into account the traditional publication model in light of the peculiarities of scientific research, including the mechanisms of eval- uating research and the relevant stakeholders’s interests that differ from those characterizing other sectors of content production. We will analyze whether the current practice in academic content dissemination and legal framework are com- pliant with academic freedom principles, considering the role of copyright in science. Since effective protection of academic freedom also depends on the possibility of access to knowledge, we will examine whether and how the open access model can achieve a proper balance between the rights at stake, looking at legal instruments recently issued by Italian, German, and US legislatures. Proposal for copyright provisions tailored to specific needs of the scientific field will be considered as well.

Keywords: Copyright law, Academic Freedom, Open Access, Comparative Law, German Law, US Law, Italian Law

JEL Classification: O34