Blog post by Pirjo Kangas
Momentum is building towards the European Research Area (ERA) Act, with a recent call for evidence and the draft act due to be published in the second half of 2026. The ERA Act is an opportunityto enhance the legislative framework for research and knowledge in the European Union.
The current situation is not ideal. When thinking about the free movement of knowledge: access is restricted by paywalls and embargoes; researchers are disempowered by weak contract terms and negotiating positions; and inconsistent national rules make cross-border collaboration challenging. Knowledge Rights 21 advocates for legislative change, such as a European-level Secondary Publishing Right and a clear and mandatory research exception.
A 2025 study from the Finnish Center for Cultural Policy Research (Cupore), entitled ‘Copyright Questions in Scientific Research: Balancing Availability, Protection, and Responsibility‘, focuses on copyright-related issues in scientific research.
The goal of the study was to identify challenges researchers face when using copyrighted material and when managing their own copyrights throughout the research and publication processes. The analysis was limited to non-commercial research. Data was collected through expert interviews and a survey directed at researchers in Finland, to which 302 responded.
Barriers to Research
The study reveals that researchers across Finland face systemic barriers to accessing publications: 68% of the researchers responding to the survey reported problems with access in the last five years, and 90% of them had faced problems more than once.
A quarter (27%) of the respondents said that current embargoes before open access for research publications are unreasonable. 6 to 12 months may seem like a short time, but for researchers waiting on the knowledge that they need, it’s an obstacle. Delays can mean slower progress and ultimately even weaker results.
High publishing costs in the form of article processing charges were equally considered at least somewhat unreasonable by two-thirds (67%) of survey respondents. Especially, researchers who are operating outside institutions, such as universities, are lacking support mechanisms for covering publishing costs.
45% of researchers answering the survey considered the rights transferred to publishers too broad. Researchers are often left with too little control over reuse or dissemination. In addition, a large group of researchers do not understand their rights when signing publisher contracts. More than a third (35%) of respondents disagreed when asked if they perceived the general conditions of publishing agreements to be clear, while less than half (49%) agreed or somewhat agreed with the statement. This leaves researchers unsure of how and when they can share their own findings. Further, this illuminates the uneven power relationship between big publishers and individual researchers.
In open comments for the survey, there was feedback from researchers revealing that scientific publishers might not always inform the author about their right to secondary publishing, or that it has not been clear for the author whether secondary publishing is permitted or not.
The Need for a European-Level Secondary Publishing Right
An EU-level Secondary Publishing Right (SPR), as advocated by Knowledge Rights 21, would help solve many of the challenges described above. Already today, some EU countries have SPR legislation in place, but the legislation is fragmented, and for example, the embargo periods delaying access vary. A harmonised, zero-embargo European SPR for all publicly funded research would make cross-border research collaboration more effective.
The Cupore study findings show that researchers in Finland strongly support openness: 82 % said research publications should always be openly and freely available. In addition to receiving support from researchers, this measure would also make sure that research funded by taxpayers would be available for anyone to access openly.
In 2024, a bit less than 80 % of new Finnish research publications were openly available through some channel. The expert interviewees for the Cupore study emphasised that infrastructure has already been built for secondary publishing and that research organisations are technologically ready for a more comprehensive approach. The interviewees supported the idea of a SPR being written into law as a solution to the present-day barriers in accessing and opening knowledge.
An EU-level SPR would also contribute to this, helping restore balance to the relationship between researchers and publishers and facilitating cross-border research collaborations.
Beyond Publishing and Access – The Need for Rules for Doing Research
The challenges researchers face are not limited to getting access to publications. The Cupore study also highlights that researchers often feel uncertain about copyright rules, with contradictory guidance and sometimes limited institutional support. This leads to cautious behaviour or even researchers avoiding the use of materials that would be legitimate.
Harmonisation in the form of a clear and mandatory research exception would bring clarity and confidence to researchers. It would also enable researchers to work together across borders. It is up to the policymakers to support the free movement of knowledge.
Researchers Have Spoken – Will Decision-Makers Listen?
The Cupore study provides yet further evidence that for researchers themselves, it is not possible to be satisfied with the status quo when it comes to access to and publication of research outputs. That this is the case in a country like Finland, with relatively well-resourced and supported universities and research centres, is telling in particular.
Decision-makers – first in the Commission, and subsequently in the Council and Parliament – will have the opportunity to address this. The question now is, will they listen to researchers or to those with a vested interest in maintaining today’s situation.
26 September 2025
