Towards a European Research Freedom Act: A Proposal for an EU-wide Secondary Publication Right

Abstract

The transformation of academic publishing and the governance of intellectual property (IP) rights have become a central theme in the pursuit of a more equitable and efficient global research ecosystem. The European Union (EU) has emerged as a key player, actively fostering Open Science (OS) to promote an open and wide dissemination of publicly funded research. In this context, Secondary Publication Rights (SPR) have emerged as a powerful legal mechanism because they could enable authors to freely share their published works under defined conditions. This article undertakes a comprehensive analysis of the SPR, situating it within the broader landscape of what has been effectively called “an internal market for research” or the European Research Area (ERA).