Empowering Digitally Integrated Scientific Research

The Pivotal Role of Copyright Law’s Limitations and Exceptions

Date:
April 29, 2009
Author:
Jerome H. Reichman & Ruth L. Okediji

This paper uses the prism of science to explore ways in which innovation policy and overall social welfare can remain twin objectives of the intellectual property system. It was made possible by funding from the Open Society Institute's Information Program.

The goal of this report is to find ways to adjust copyright law to fulfil its public good functions, while stimulating scientific innovation and ensuing economic benefits for both investigators and end users of scientific research. Central to this goal is a proper evaluation of the role that limitations and exceptions to exclusive rights should play in properly functioning, modern copyright law.

Contents

  • Introduction
  • Privatizing the Scientific Research Commons
    • An Increasingly Hostile Legal Environment
    • Unlimited Scientific Opportunities in the Digital Environment
  • Reforming the Legal Infrastructure to Support the Production and Diffusion of Scientific Information and Data
    • Misplaced Reliance on Publishing Intermediaries
    • Limiting the Harm from Distribution by Private or Quasi-Private Intermediaries
    • Consistency with International Law
    • The Better Solution: Integrating the Intermediaries into the Digital Knowledge Environment
  • Conclusions and Recommendations

Download

Download a copy of the paper from the NYU Law School website.

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