Copyright laws/Open Access amendments EU-member states
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This sheet is initiated by:Jeroen Sondervan@jeroenson
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CountryLink to existing copyright lawArticle(s)StatusOpen Access amendmentRight to depositTermsDisciplinesExceptionsRemarks
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The Netherlandshttp://wetten.overheid.nl/BWBR0001886/2015-07-01article 25faadoptedyesyesAfter a 'reasonable' amount of timeAllonly for short scientific work (8000 words); funded by Dutch public resources.English translation can be found in doi:10.1093/jiplp/jpv161 and on openaccess.nl (http://www.openaccess.nl/sites/www.openaccess.nl/files/documenten/journal_of_intellectual_property_law_practice-2015-visser-jiplp_jpv161.pdf)
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Germanyhttps://www.gesetze-im-internet.de/urhg/__38.htmladoptedyesyes12 months; postprint (accepted manuscript version), not for commercial purposes, link to publisher version
Allresults of research which has been funded by a share equal or greater than 50 percent with public funds; articles in collections which are published at least twice a year
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Italyhttp://www.roars.it/online/la-legge-italiana-sullaccesso-aperto-agli-articoli-scientifci-linizio-di-un-percorso-normativo/adoptedyesyeswithin 18 months from first publication for STM and 24 months for HSSAllresults of research funded by a share equal or greater than 50 percent with public funds, as documented in articles published in scientific journals that have at least two issues a yearTranslation via GTranslate, also compare the interpretation and comparison with the German clause: http://kluwercopyrightblog.com/2013/12/03/open-access-to-scientific-articles-comparing-italian-with-german-law/
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Belgiumhttp://www.ejustice.just.fgov.be/cgi/article.pl?urlimage=%2Fmopdf%2F2018%2F09%2F05_1.pdf%23Page85&caller=summary&language=fr&pub_date=2018-09-05&numac=2018031589adoptedyesyesthe manuscript (meaning: post print?) within 6 months (STM) and 12 months (HSS) from first publication. Allonly for journal articles and at least half with public funds funded research[Google Translate:]
The author of a scientific article that the result is at least half with public
funds funded research, even if he, in accordance with Article XI.167, his rights to one
publisher of a magazine has alienated or in one ordinary or exclusive license has accommodated it
right to the manuscript after a period of twelve months for human and social sciences and six months for other sciences after the
first edition, in a magazine, available free of charge in open access to the public, provided the source of the first edition.

The publishing contract can provide for a shorter term than those stipulated in the first paragraph.
The King can set the term in the first paragraph extend.
No waiver is possible from the right in the first paragraph be done. This right is of mandatory law and applies regardless of what the parties have chosen
right as soon as there is a starting point in Belgium localized. The right also applies to the works that have been established before the entry into force
of this paragraph and that at that time not until belong to the public domain.
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Francehttps://www.legifrance.gouv.fr/eli/loi/2016/10/7/ECFI1524250L/jo/textearticle 30adopted, enacted on October 7th, 2016yesyes6 months maximum for STM, 12 for SSH, postprint.AllJournal articles only
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Italyhttp://bfp.sp.unipi.it/aisa/attivita/diritto-di-ripubblicazione-in-ambito-scientifico/novella/proposalyesyesright to reproduce, distribute and make available free the public their work when the publisher has the free availability of the public or after a reasonable period of time, not longer than a year, since the first publication. The author remains the owner of that right even if he has succumbed under the exclusive exploitation rights on his work to the publisher or editor; the author exercising the right indicates the name of the publisherAllscientific work that is the result of a fully or partly-funded research with public fundsTranslation via GTranslate
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United Kingdomnono
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Denmarkhttps://www.retsinformation.dk/forms/r0710.aspx?id=164796nono
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Spain
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Finlandhttp://www.finlex.fi/en/laki/kaannokset/1961/en19610404.pdfnonoMinistry of Education and Culture is exploring the possibilities to restrict copyright in a way that depositing an article to public repositories would be mandatory. At the moment (16.8.2017) the public hearing is going on.
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