Legal Aspects of Open Access to Publicly Funded Research

ENQUIRIES INTO INTELLECTUAL PROPERTY'S ECONOMIC IMPACT - OECD 2015

Posted: 9 Jul 2016 Last revised: 18 Aug 2016

See all articles by Lucie Guibault

Lucie Guibault

Schulich School of Law

Thomas Margoni

University of Glasgow - School of Law - CREATe; University of Glasgow - CREATe, RCUK Centre for Copyright and New Business Models in the Creative Economy

Date Written: July 4, 2016

Abstract

Internet growth, content digitisation, and expanding “big data” and data analytics capabilities have affected the ways in which publicly funded research results are accessed, disseminated and used. While these technological advances have made sharing and processing information easier, that does not change the fact that the information may be protected by IP laws. Open access efforts, which aim to make the outputs of publicly funded research more widely accessible in digital formats, therefore raise a number of IP policy questions. To explain the interplay between open access and IP laws, this chapter provides an overview of the IP regimes that protect research outputs in a sample of OECD jurisdictions. It then reviews the open access policies that are in place in some of those jurisdictions and examines two contexts in which IP questions can arise when open access principles are applied: public/private partnerships and text and data mining.

Keywords: Open Access, Copyright Law, Comparative Law

Suggested Citation

Guibault, L. and Margoni, Thomas, Legal Aspects of Open Access to Publicly Funded Research (July 4, 2016). ENQUIRIES INTO INTELLECTUAL PROPERTY'S ECONOMIC IMPACT - OECD 2015. Available at SSRN: https://ssrn.com/abstract=2804529

L. Guibault

Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Thomas Margoni (Contact Author)

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

University of Glasgow - CREATe, RCUK Centre for Copyright and New Business Models in the Creative Economy

Glasgow
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Abstract Views
587
PlumX Metrics