Analysis of Copyright Issues Surrounding the Open Access of Scholarly Journals
Date Issued
2010
Date
2010
Author(s)
Tseng, Yen-Chao
Abstract
In this study firstly I analyze the functions of scholarly journals in the system of scholarly communication. Following that I provide an overview of the meaning, development of the Open Access (OA) Movement for scholarly journals and point out the implications of OA Movement and the possible copyright issues in the two major pathways of OA for scholarly journals. Based on my observation of the paradigm of production of knowledge in the scholarly community, I argue that the production of scholarly knowledge has been shifting towards the paradigm of commons-based peer production, which is similar to the norm of the scientific community. However, the current copyright regime which is largely based on the presumption that copyright law provides economic incentives for authors may not be a propeller but pose legal conflicts for the production of scholarly knowledge in an era that knowledge comes from commons-based peer production. I analyze the relating copyright issues arising from OA of scholarly journals under Taiwan copyright law. To shed lights on the application and reform of Taiwan copyright law on certain issues, I also analyze relating US copyright law and policy for reference.
Subjects
scholarly journal
open access
copyright
knowledge commons
digital archive
SDGs
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