Copyright, contratto e accesso alla conoscenza: un'analisi comparata (Trento Law and Technology Research Group Research Paper, n. 17), 2013, 222
Along with a comparative perspective that takes account of the U.S. and Italian law, this work aims to explore the interface between copyright and contract lae in publishing process. In the current publishing environment, contracts and technology play a dominant role in the exploitation of copyrighted works. Publishers are granted by assignment of all copyright rights to reproduce and publish the work, but also to exercise control over its contents through technological protection measures. At the same time, mass digitization allows libraries and other organizations to make contents available online, which it entails a redefinition of the traditional publishing process and introduces new players to the scene (e.g., Google Books). Hence, technology proves to be a powerful instrument for the spread of knowledge and it is on this pattern that Open Access (OA) is rapidly gaining ground. Mostly based on a bottom-up approach that is on soft law, institutional policies and contracts, OA designs a new legal environment targeting the objectives of free accessibility, further distribution, and proper archiving of publications. These aims can be achieved through the creation of new open access business models to publish on OA journals (gold road) or to self-archive in institutional or disciplinary repositories works that have been originally published in conventional journals (green road). However, in order for OA to be fully developed it is necessary to devise a principled and feasible approach to the dissemination of scholarly works against the current social, economic and legal background. Indeed, the importance of OA is steadily recognized by legislators who integrate OA provisions into their legal system. This is an innovation of great significance, which was first fostered in the USA, and then extended in some European countries such as Italy and Germany in the European framework. Nevertheless, considering the different law systems, the formal law need to be combined with national strategies and institutional policies providing adequate incentives to the authors, while also promoting academic freedom and the right to knowledge access.
Copyright, contract and access to knowledge: a comparative analysis
