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White Paper — Open Science in a Digital Republic

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Scientific and Technical Information Department - CNRS

The future: open digital science

The gap between current practice and the law

Texte intégral

1The following table analyses the gaps between:

  • the existing legal framework, the gaps and shortcomings identified, particularly by the key witnesses;

  • the practices of researchers.

2For each practice or need identified, the gap separating it from the existing legal situation is rated on a scale of 1 to 5. The following scale is used:

  • 1/5: no difference;

  • 2/5: slight difference;

  • 3/5: some difference;

  • 4/5: considerable difference;

  • 5/5: total incompatibility.

3A brief comment justifying this gap in light of the developments presented in this White Paper has been added in the right-hand column.

Digital practice

French legal framework

Difference

Comments

Open access and free exploration of data

Research Code

Act of 1978 as amended by the Valter Act 2015-1779

3/5

If there is no change to the law: incompatibility

Open access to published scientific texts

Protection by copyright

Publishing contract and exclusivity clause

5/5

Total incompatibility, especially in publishing contracts with exclusive transfer

Free exploration of published scientific texts

No legal framework

No consensus on incompatibility with copyright and the sui generis right

General conditions of use of publishers’ platforms/subscription contracts

5/5

Legal uncertainty

Private exploitation by contract and by publishers’ own APIs

Deposition of data in open and permanent archives

Act of 1978 as amended by the Valter Act 2015-1779

3/5

Deposition already organised in certain communities

Deposition of published material in open and permanent archives

Protection by copyright

Publishing contract and exclusivity clause

3.5/5

Total incompatibility, especially in publishing contracts with exclusive transfer


In practice, some publishers allow this after an embargo period

Peer review

No legal framework

Not applicable

No legal framework

Ethical rules to be defined

Assessment of researchers, taking “open” publications into account

Decree No. 83-1260 of 30 December 1983 laying down the statutory provisions common to employees of public institutions in science and technology

4/5

Obligation of assessment prescribed in the Decree


Changes to assessment criteria necessary


Ethical rules to be defined

Recognition of authorship

Copyright

2/5

Application of the author’s moral rights

Ethical rules to be defined

Exploitation

Research Code

2/5

Existing legal provisions


Issue to be taken into account in digital Open Science (multiplication of STI objects)

Ethics of STI

No legal framework

Not applicable

Ethical rules to be defined, in particular in the field of peer review/assessment of researchers/recognition of authorship

4The legal square graph below formalises these discrepancies:

Table des illustrations

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