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

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

Decorative image representing court rulings: Judge gavel on the table with blurry books in the background

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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