Second Publication Right
How to distribute an already published scientific article?
When publishing scientific publications, authors usually assign their copyrights to publishers. Currently, the possibilities for second publication by authors - whether with publishers or in repositories - are limited. Universities and research funding organisations have long been demanding that knowledge created and published with public funds should be freely accessible to all interested parties. Free access to scientific publications is the basic idea of Open Access. However, the implementation of this idea has proven difficult in Switzerland - not least because the relevant legal foundations are lacking.
Regulatory Framework is a project funded by Swissuniversities, in which a group of legal scholars, together with other experts, including CCdigitallaw, investigate whether and how Switzerland could provide for a (mandatory) second publication right for scientific publications and what regulatory challenges arise in connection with Open Access.
Read through the two chapters “3.4.2 Publishing contract” and “4.2.5 Second publication right” of the Knowledge Base to learn more about the second publication right and how it is currently anchored in Swiss law. Look through the available FAQs to find answers to frequently asked questions and explore available training resources (short explanatory video, webinar recording, etc). You can also find useful external resources on the topic.
According to art. 382 para. 3 CO you are allowed to re-publish your scientific article already after 3 months from its first publication. However, there has never been a decision by a judge so far, on whether in such a case the contract or the law prevails.
You may choose the gold road of open access, which means that the publisher must immediately grant open access to the work. This usually happens in exchange of a publication fee to the publisher.
Only if this is foreseen by the publishing contract.
If the publisher is not in Switzerland and the governing law defined in the publishing contract is not Swiss, you must apply the rules of the second publication right of the country determined in the contract.
No. In this case you should apply the rules of the German second publication right.
No. You can apply the Swiss second publication right only if the Swiss jurisdiction is defined in the publishing contract.
Webinar about Second publication right
Inside the training catalogue you can find a vast selection of training topics and formats, among which also a course on "Publishing academic articles as Open Access and second publication right" (p. 15).
Swiss Websites / Resources