Copyright’s Broken Promise by Prof. John Willinsky

John Willinsky’s Copyright's Broken Promise takes a bold look at the world of academic publishing, arguing for a major shift towards open access. In the book, he makes a strong case for legislation that would mandate all publicly funded research to be published openly. Willinsky envisions a future where academic work is more accessible, proposing a statutory licensing system to ensure authors are compensated fairly. The book, through its six chapters, delves into the intricacies of copyright law, the academic publishing market, and the economics that shape them. Ultimately, it is both a critique of the status quo and a roadmap for reshaping how we think about scholarly publishing.

Historical Context and Critique

Willinsky begins by tracing the roots of copyright law, which originally sought to reward creativity while benefiting the public domain. He argues that, over time, this purpose has been warped by extended copyright terms and the growing power of commercial publishers. Instead of enhancing public access, copyright now often acts as a barrier, particularly in academic research, where high subscription fees limit availability. Willinsky critiques how copyright’s evolving protections have allowed publishers to gain disproportionate control, charging excessive fees and stifling the very public benefit that copyright was meant to safeguard. By exploring the history and development of copyright law, Willinsky highlights how commercial interests have undermined its original intentions.

Systemic Issues in Scholarly Publishing

Willinsky doesn't just stop at critiquing copyright. He also digs into the academic publishing industry, pointing to systemic issues like the soaring costs of accessing research. He highlights the opaque pricing models of major publishers like Elsevier, where subscription fees can cripple libraries’ ability to offer essential research materials. The financial burden doesn’t just affect institutions—it impacts authors too, especially when it comes to open access, where article processing charges (APCs) can be prohibitively expensive. This leaves many authors, particularly in lower-income countries, struggling to afford the fees required to make their work widely accessible, creating a significant barrier to entry.

Proposals for Reform

To tackle these issues, Willinsky offers a range of innovative reforms. He calls for a statutory licensing system that would allow libraries and institutions to pay standardised fees, ensuring that authors and publishers are compensated fairly based on the actual use of their work. He draws parallels with the music industry, where similar licensing systems have struck a balance between creators’ rights and public access. Willinsky also proposes creating a new legal category for research publications, recognising the unique nature of academic work, which is often publicly funded and designed for wide dissemination. Additionally, he advocates for a Licensing Collective, which would distribute funds more fairly among publishers of all sizes, fostering innovation and competition in the industry.
These reforms would address the current challenges, including the exorbitant fees for access and APCs, by extending accessibility to a broader range of researchers and institutions. By establishing a model similar to statutory licensing in music, Willinsky hopes to lower the financial barriers that currently restrict the flow of academic knowledge.

Challenges to Implementation

While Willinsky’s ideas are groundbreaking, he acknowledges the implementation challenges. Transitioning to a new system would require integrating existing infrastructure like CrossRef and COUNTER, which track publications and citations. Managing a statutory licensing system would involve complex logistical and financial adjustments. Moreover, given the sheer scale of the academic publishing industry, such a shift would require extensive co-operation among stakeholders, including publishers, policymakers, and institutions.

Vision for the Future

Despite these hurdles, Willinsky’s vision for the future of academic publishing is inspiring. He imagines a world where open access is the norm, allowing all research to be freely available, empowering researchers to share their work without financial barriers. This shift could greatly enhance academic freedom and foster a more equitable research environment, where knowledge is accessible to all, regardless of economic standing.

Willinsky’s proposed reforms offer practical solutions to the pressing challenges highlighted by recent events, such as the COVID-19 pandemic, which underscored the need for open research in times of global crisis. By tackling the financial barriers that limit access to essential research, his vision could transform the landscape of scholarly publishing for the better.

Conclusion

Copyright's Broken Promise is a timely and important book for anyone interested in copyright law, academic publishing, or the future of research. Willinsky offers both a critique of the current system and a compelling vision for reform. His proposals for statutory licensing, a new legal category for research, and the creation of a Licensing Collective are practical steps towards a more fair and accessible academic landscape. The book’s insights are not just theoretical; they have real-world implications that could reshape how knowledge is shared and valued. As academic publishing continues to evolve, Willinsky’s work stands as a crucial guide for creating a more balanced and transparent system that benefits both creators and the public.