Germany’s Shocking Court Ruling Strikes Down Open Access Mandate—What This Means for Academic Freedom and Research Worldwide

For example, § 38(4) of the federal German Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG) provides an SPR for authors of academic papers resulting from research that is at least 50% publicly funded and published in a collection (i.e., a journal) appearing at least twice a year. Under this federal law, authors retain the right to make papers in accepted manuscript versions publicly available for non-commercial purposes 12 months after the initial publication, even if they have granted the publisher exclusive rights.


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