| Summary: | Open access (OA) is critical for improving people’s
knowledge backgrounds. Furthermore, it hasthe potential
to enable global change by improving the accessibility
of study findings. As far as the purpose of knowledge
circulation is concerned, accessto sources of information
is of crucial importance. In recent times, digitalisation
has ameliorated such access. The ongoing digitalisation
undermines the copyright law regime. In this approach,
statutory interpretation may serve as a “vessel” through
which legal arguments for protection might be provided.
However, the common law viewpoint appears to be
limited. As a result, the law must effectively address the
complex problem of copyright protection. The paper is
composed of three parts. The first part examines the
concept of multilevel governance and its confluence with
European copyright legislation. The second section
analyses the operationalisation of open access practice
by drawing on European examples (i.e., the European
Universities Association and the Taverne amendment of
the Dutch Copyright Act). The final part focuses on the
state of open access implementation in Australia, using
data from the Curtin Open Knowledge Initiative (COKI)
and comparing it to data from the Netherlands case.1
Australian stakeholders’ (e.g., universities, public
institutions, individuals, etc.) participation in the public
inquiry on draft copyright reform legislation (i.e.,
submissions on an exposure draft of the Copyright
Amendment (Access Reforms) Bill 2021) enriches the
discussion. The article contends that the public
investigation into the Copyright Amendment (Access
Reform) Bill 2021 is characterised by multilevel
governance. The article contends that multilevel
governance dynamics can improve applicable copyright
policy and establish an informed regulatory framework
for copyright protection. The paper concludes by
presenting four recommendations for the Copyright Act
1968 (Cth), which could supplement the current legal
system for protection.
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