White Paper — Open Science in a Digital Republic
|The future: open digital science
The gap between current practice and the law
Texte intégral
1The following table analyses the gaps between:
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the existing legal framework, the gaps and shortcomings identified, particularly by the key witnesses;
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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:
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1/5: no difference;
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2/5: slight difference;
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3/5: some difference;
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4/5: considerable difference;
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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 |
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
|
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
|
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
|
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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URL | http://books.openedition.org/oep/docannexe/image/1648/img-1.png |
Fichier | image/png, 62k |
© OpenEdition Press, 2016