European researchers are increasingly turning their attention to secondary publication rights as a practical pathway to greater openness in scholarly communication. These rights enable authors of publicly funded work to deposit versions of their articles in institutional or subject repositories, making them freely available even when the version of record remains behind a publisher paywall. The discussion comes at a time when the European Union is advancing its open science agenda through Horizon Europe requirements and the broader European Research Area framework.
Understanding Secondary Publication Rights and Open Science
Secondary publication rights, often abbreviated as SPR, give researchers or their institutions the legal ability to make a version of a peer-reviewed article openly accessible after or alongside formal publication. This mechanism supports green open access without requiring authors to pay article processing charges associated with gold open access models. Open science encompasses a wider set of practices, including immediate sharing of publications and data, use of preprints, registered reports, and adherence to FAIR principles for findable, accessible, interoperable, and reusable outputs.
Across the continent, national laws in countries such as Germany, France, Austria, Belgium, the Netherlands, and Bulgaria already provide forms of these rights. In Germany the provision sits within the copyright statute, while France embeds it in the research code. These frameworks allow authors to deposit their accepted manuscripts or, in some cases, the final published version after an embargo period or immediately in certain circumstances.
National Approaches Across Europe
Germany pioneered the approach in 2014 with its copyright amendment. Researchers funded by public bodies can make their work available in repositories twelve months after publication in many cases. France followed with rules that tie the right to research valorisation objectives. The Netherlands and Austria have similar provisions that strengthen authors’ positions relative to publishers. Belgium and Bulgaria have more recent implementations that further expand options for open deposit.
These national models demonstrate that secondary publication rights can operate effectively within different legal traditions. They reduce reliance on costly gold open access while still allowing traditional journal publication. Researchers report greater freedom to share findings with colleagues and the public, accelerating knowledge circulation in fields ranging from life sciences to social sciences and humanities.
EU-Level Discussions and the European Research Area
European Commission studies and stakeholder consultations have examined whether a harmonised secondary publication right should form part of the European Research Area Act or future copyright legislation. Organisations including ALLEA, LIBER Europe, and Science Europe have called for an EU-wide right that would apply consistently across all member states. Such harmonisation would remove barriers for cross-border collaboration and ensure that publicly funded research funded through programmes such as Horizon Europe can be shared openly regardless of where the researcher is based.
The Commission has commissioned economic analyses of options for improving access to and reuse of research results. These studies explore how stronger rights retention and secondary publication mechanisms could deliver benefits without disrupting existing publishing markets. Policymakers are weighing the advantages of embedding the right in copyright law versus science and innovation statutes, drawing lessons from the varied national experiences already in place.
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Benefits for Researchers, Institutions and Society
Secondary publication rights deliver tangible advantages. Researchers gain the ability to comply with funder mandates without additional costs. Institutions can build richer repositories that showcase their output and support compliance reporting. Society benefits from faster access to findings that address public health, climate challenges, and technological innovation.
Surveys of research-performing organisations indicate strong support for broader rights that would cover a wider range of outputs beyond journal articles. Many researchers view these rights as essential for rebalancing bargaining power with commercial publishers and advancing the goals of open science without compromising peer review or editorial quality.
Horizon Europe Mandates and Open Research Europe
Horizon Europe requires immediate open access to peer-reviewed publications under open licences, with data sharing encouraged where possible. The Open Research Europe platform provides a dedicated venue for beneficiaries to publish without author fees while maintaining rigorous peer review. These requirements complement secondary publication rights by offering multiple routes to openness.
The European Open Science Cloud further supports the ecosystem by providing infrastructure for data management and sharing. Together these initiatives create an environment in which secondary publication rights serve as one important tool among several for achieving open science objectives.
Challenges and Publisher Perspectives
Publishers have expressed concerns that expansive secondary publication rights could affect subscription revenues and the sustainability of high-quality journals. Some argue that embargo periods or limitations on the version that can be deposited help preserve the value of the version of record. Researchers and institutions counter that the rights are narrowly tailored to publicly funded work and do not prevent commercial publication.
Debates continue over the optimal length of any embargo, whether the final published version should be eligible for deposit, and how rights interact with existing contracts. National variations in implementation also create complexity for researchers working across borders or with international collaborators.
Researcher Perspectives and Practical Experiences
Academics across disciplines report that secondary publication rights have made it easier to share work with students, policymakers, and the wider public. Early adopters in Germany and the Netherlands describe streamlined deposit processes through institutional repositories and greater visibility for their research. Many appreciate the ability to retain control over their intellectual output while still publishing in prestigious journals.
Workshops and conferences organised by bodies such as Knowledge Rights 21 and national open science networks have helped disseminate best practices. Researchers learn how to check eligibility, navigate publisher policies, and use repository platforms effectively. These practical sessions underscore that the rights are not merely theoretical but deliver everyday benefits for career development and impact.
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Future Outlook and Calls for Harmonisation
Stakeholders widely agree that an EU-wide secondary publication right would strengthen the internal market for research and support the European Research Area. Proposals suggest embedding the right in a European Research Freedom Act or updating copyright directives to include harmonised provisions. Such a step would build on the successful national experiments and provide clarity for researchers, funders, and publishers alike.
Continued dialogue between the Commission, member states, research organisations, and publishers will shape the next phase. Economic impact assessments and further stakeholder consultations are expected to inform legislative proposals in the coming years. The momentum behind open science suggests that secondary publication rights will remain a central topic in European research policy discussions.
Implications for European Higher Education
Universities and research institutes stand to gain from clearer rights frameworks. Stronger secondary publication rights can enhance institutional repositories, support compliance with funder policies, and contribute to rankings that value open access and societal impact. They also align with broader goals of research integrity, reproducibility, and public engagement.
Training programmes for early-career researchers increasingly include modules on rights retention and open science practices. Career services highlight these competencies as assets in a competitive academic job market. As more institutions adopt open science policies, familiarity with secondary publication rights becomes an important professional skill.