Marc Scheufen on the Organisation and International Political Economy

International Law and Economics Marc Scheufen Copyright Versus Open Access On the Organisation and International Political Economy of Access to Scienti c Knowledge International Law and Economics More information about this series at http://www.springer.com/series/13428 Marc Scheufen Copyright Versus Open Access On the Organisation and International Political Economy of Access to Scientific Knowledge 123 Marc Scheufen Ruhr University of Bochum Faculty of Law Bochum Germany ISBN 978-3-319-12738-5 ISBN 978-3-319-12739-2 (eBook) DOI 10.1007/978-3-319-12739-2 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014958302 © Springer International Publishing Switzerland 2015 This work is subject to copyright. 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Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer International Publishing AG Switzerland is part of Springer Science+Business Media (www.springer.com) The academic custom to write research articles for impact rather than money may be a lucky accident that could have been otherwise. Or it may be a wise adaptation that would eventually evolve in any culture with a serious research subculture – Peter Suber (2012, p. 11) Acknowledgements I’m very grateful to several people for being more than great support during the last 3 years of working on this book. In the first place I wish to thank my parents who have always been my tower of strength. Thank you for your hugs, your encouraging and supportive words, the tasty food, your love, and your great understanding. In addition, I would like to thank Mr. lucky accident for having met the most wonderful woman I could have wished for, Nina Peuster. Thank you for your warmth, your supportive and motivating words, and your healthy craziness that makes me laugh. Moreover, I’m grateful to my sister Kerstin Zimmermanns and her husband Gerd Zimmermanns as well as my godchildren Yannik and Fabian. Thanks not only for having been the needed change from daily routine but also for showing me what’s really important in life. Besides, I would like to thank my friends. In particular, I’m thinking of Timo Becker who has become a real best friend over the last 9 years. Thanks for bearing my phone calls at 4 at night, the countless tears of joy while contemplating on old and new anecdotes, and your cheerful nature that always makes me laugh with you. Thank you for your great humor, endless discussions and neologisms, your motivation, and your confidence. Last but not least, I would like to thank my supporters in academia. First and foremost, I would like to thank Prof. Dr. Thomas Eger not only for having been the best thesis supervisor I could have hoped for but also for his open personality, understanding, and the countless discussion about Open Access in academic publishing. Furthermore, I’m grateful to Prof. Dr. Hans Bernd Schaefer who always accompanied my work with interest and fruitful critique. Last but not least, I would like to thank my co-authors. In particular, I’m thinking of Prof. Dr. Eberhard Feess and Dr. Frank Mueller-Langer who have always been great partners for discussions as well as teachers. Thank you both for the many things you taught me and the tremendous food for thought that enriched my work. Furthermore, I would like to thank many conference participants whose comments and suggestions were more than useful in finishing my works. I’m especially thankful to Patrick Andreoli-Versbach, Robert Cooter, Axel Haus, Ruth Towse, Stan Liebowitz, Giovanni Ramello, Molly van Houweling, Joel Waldfogel, and Richard vii viii Acknowledgements Watt. I would also like to thank Jonas Jungbauer and the Max Planck Institute for Innovation and Competition in Munich for great support in collecting the data for the project “Open Access in Developing Countries.” Last but not least, I’m very grateful to the German Research Foundation [Deutsche Forschungsgemeinschaft (DFG)] for the financial support which has made this project possible. Thank you!!! Selfkant, Germany Marc Scheufen September 2013 Contents 1 Introduction .................................................................. 1 2 Some Fundamental Economics ............................................. 5 2.1 The Economics of Copyright ........................................... 5 2.1.1 The Basic Concept of Copyright ............................... 5 2.1.2 The Economics of Copyright and Copying.................... 21 2.1.3 Copyright in Transition: Challenges in the Information Age ......................................... 32 2.2 The Economics of Science.............................................. 37 2.2.1 The Concept of Science and Scientific Research.............. 37 2.2.2 The Reward Structure of Science .............................. 41 2.2.3 Some Implications: Why do Scientists do Science? .......... 46 2.3 A Comparison: The Shavell Model and Beyond ...................... 47 3 Academic Journal Publishing and the Open Access Movement ........ 53 3.1 The Academic Journal Publishing Market ............................. 53 3.1.1 The Principles of Academic Publishing ....................... 53 3.1.2 The Journal Publishing Market: An Industry Analysis ....... 57 3.1.3 Implications ..................................................... 64 3.2 The Open Access Movement ........................................... 65 3.2.1 The Open Access Principles.................................... 65 3.2.2 The Open Access Movement: A Brief History ................ 68 3.2.3 The Rise of Open Access Journals: Some Descriptive Statistics ........................................... 75 3.2.4 Recent Developments........................................... 79 4 On the Access Principle in Science: A Law and Economics Analysis ..................................................... 83 4.1 The Organization of Science: Open Access vs. Copyright............ 83 4.1.1 Academic Copyright in the Publishing Game: A Contest Perspective .......................................... 84 ix x Contents 4.1.2 Academic Copyright in the States Game: An International Perspective ................................... 94 4.2 The Political Economy of Access to Scientific Knowledge........... 101 4.2.1 On the International Political Economy of Access in Science ....................................................... 101 4.2.2 On the Role of Open Access in Developing Countries: A Natural Experiment .............................. 120 5 The Future of Academic Publishing ....................................... 141 5.1 Policy Implications...................................................... 141 5.1.1 Reform of Copyright ........................................... 142 5.1.2 Alternatives and Complementary Approaches ................ 145 5.2 A Critical Perspective ................................................... 150 6 Conclusions and Further Research ........................................ 153 7 Appendix ...................................................................... 159 7.1 The Academic Journal Publishing Market and the OA Movement ... 159 7.1.1 The Academic Journal Publishing Market..................... 159 7.1.2 The OA Movement ............................................. 161 7.2 On the Access Principle in Science: A Law and Economics Analysis ................................................ 163 7.2.1 The Organization of Science: Copyright vs. Open Access ... 163 7.2.2 The Political Economy of Access to Scientific Knowledge ........................................ 167 Bibliography ...................................................................... 175 About the Author................................................................. 191 Abbreviations A2K Access to Knowledge AEA American Economic Association AER American Economic Review AGORA Access to Global Online Research in Agriculture APC Article Processing Charge ARDI Access to Research for Development and Innovation ARPANET Advanced Research Projects Agency

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