Der Streit um die Regelung des Zweitveröffentlichungsrechts im Urheberrecht - oder: Was macht Wissenschaftsfreiheit aus?

The author's right to a secondary publication (in addition to a first publication in a commercial journal of the author ́s choice) is discussed from the perspective of the different actors in scientific publication markets. The challenge for a copyright regulation of this right becomes even more complex because it is seen by many as indirectly, if not directly fostering the open access paradigm. First and foremost, this right strengthens the autonomy of the authors, but it is also understood as an obligation of the authors to have their institutions make these works publicly available, at least those works which have been supported by public funding. Such an institutional mandate is believed by some, at least in Germany, to contradict the freedom of science as guaranteed in the German constitution. The article provides some arguments to the effect that the right to a secondary publication and a concomitant institutional mandate is compatible with freedom of science.