Can a publisher prevent a researcher from publishing an article in an open access?

NEW! - SECONDARY PUBLICATION RIGHT

Publishing contracts often require researchers to transfer their exclusive economic rights to the publisher. In such cases, the author can no longer publish the work independently, because only the publisher may exercise those rights.

However, the amendment to the Scientific Research and Innovation Activities Act significantly changed this practice. Under the new Article 41 , a researcher may make an article openly accessible in a public repository if the researcher was at least 50% publicly funded, even if the publishing contract provides for an exclusive transfer of rights. Any contractual clause that would restrict or prohibit the researcher from depositing the article in an open-access repository is considered null.