Wie umfassend soll / darf / muss sie sein, die allgemeine Bildungs- und Wissenschaftsschranke?

E-ISSN： 1867-2523|7|1|77-125

ISSN： 1867-237X

Source： Zeitschrift fuer Geistiges Eigentum / Intellectual Property Journal, Vol.7, Iss.1, 2015-03, pp. : 77-125

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Abstract

The Durantaye study presents an excellent survey – but very little will be achieved by the two proposals it provides, either for the general exception in favor of science and education (GESE) or for a library exception. The latter merely prolongs what is already allowed according to the German copyright paragraphs 52b and 53a. This proposal disregards the digital reality of virtualizing the information services provided by libraries, archives and museums. The same is true for the first proposal concerning a GESE. Rather than being a general clause for science and education, it retains as valid most of the existing restrictions such as those in paragraphs 52a and 53. In fact, the situation even takes a turn for the worse, because de la Durantaye argues strongly in favor of according higher priority to a publisher's license than to legally binding copyright exceptions. The Durantaye study discusses the central copyright problem of appropriate remuneration only marginally, whereas this text provides many proposals, theses and questions which can guide the forthcoming political debate, for instance whether there is a need at all for remunerating authors in areas of publicly financed science. Durantaye's model is compared with that of the Coalition for Action “Copyright for Education and Research”. While the former is in essence obliged to existing copyright regulation and legal interpretations within the national and European courts system, the latter considers political regulation for a new science copyright law to be a social construct which must take into account existing behavior, expectations and needs in electronic environments. Finally, the discussion addresses whether a GESE will be needed at all when open access becomes an inclusive and comprehensive reality in science publishing.