[GOAL] Re: Is It True That It's Illegal To Mandate Green OA Self-Archiving in Germany?

[Hans Pfeiffenberger]

The so called "Zweitveröffentlichungsrecht" - if it comes! - will be a 
*freedom* to populate repositories without resorting to research on 
Sherpa/Romeo or depending on (legally) uncertain concessions published 
on volatile web-pages of publishers.

But this modification of the German copyright law (Urheberrecht) will 
in no way *mandate the exercise* of that freedom.? It is misleading to 
call this an Open Access law.

There will be no (strong) OA mandate of any kind in Germany due to 
constitutional concerns (art.5), at least not for some time ...
But the legal situation of those willing to deposit or being forced, 
e.g. by the FP7/H2020 mandate, will be much more clear.

Hans Pfeiffenberger
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