The Open Access Consensus and Copyright Reform
This is the second in a series of blogs on how U.S. copyright law has, with the emergence of open access to research and scholarship in the digital era, slipped into an unconstitutional state because it can no longer be said, in the case of science, “to promote the progress of science and useful arts” (U.S. CONST. art. 1, § 8, cl.8.). Rather, the law is called upon to constrain such progress. These shortcomings apply no less trenchantly to Canada’s Copyright Act, as well as to copyright laws in most other jurisdictions. It is the U.S. Constitution’s particularly pointed wording on this question of science when it comes to such law that makes this country the obvious starting point in making a case for copyright reform on behalf of science everywhere.
Read the full article in Slaw, Canada’s online legal magazine.