EIFL has released a new provision on Secondary Publication Rights (SPR) in copyright law, granting authors and their institutions the legal right to make their research openly accessible after or alongside the formal publication of their work. This right applies even in the absence of an open access publishing agreement and regardless of whether the work is published behind a paywall.
The new SPR provision is included in an updated and re-designed edition of EIFL’s Draft Law on Copyright (Including Model Exceptions & Limitations for Libraries and their Users). This resource is designed to assist librarians and policymakers in EIFL partner countries during copyright law updates.
The provision is intended to raise awareness of recent legislative developments in several countries that have adopted SPR, including Austria, Belgium, Bulgaria, France, Germany, Italy, and the Netherlands. As of 23 May 2025, Slovenia has also introduced SPR through an amendment to the Scientific Research and Innovation Activity Act. The EIFL provision provides policymakers with sample language for crafting effective SPR provisions.
The new provision, identified as Article 8 in the revised EIFL Draft Law, contains five sub-sections. An accompanying explanatory note outlines its objectives, rationale, and practical application.
Article 8.1 grants authors or their institutions the right to deposit research works in online repositories regardless of contractual restrictions in publisher agreements. It applies to all types of research, including literary and non-literary works, journal articles, book chapters, images, and tables, as well as all versions, including the Version of Record. There are no embargo periods, no minimum public funding requirements, and no distinctions between commercial and non-commercial research.
Article 8.2 prevents publishers from withdrawing publication offers because works have been deposited in repositories. Article 8.3 allows repositories to add citation information as requested by funders, publishers, or repository managers. Article 8.4 ensures that the right of secondary publication cannot be overridden by contractual terms. Article 8.5 provides definitions for key terms such as “research work,” “version” of a work, and “freely available.”
The SPR provision was drafted by an expert working group led by Jonathan Band J.D., with contributions from Faith Majekolagbe of the University of Alberta, Iryna Kuchma of EIFL, Milica Ševkušiš of EIFL, and Teresa Hackett of EIFL. Additional input was provided by Knowledge Rights 21, LIBER, the Open Data and Intellectual Property Institute (ODIPI), and SPARC Europe.
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