The Hidden Barrier: Copyright Literacy, Rights Transfer and Open Access Practices among Indian Researchers

Abstract

This study examines the relationship between copyright law and Open Access (OA) in Indian academia, focusing on researchers' awareness of copyright provisions, open licensing, and rights transfer agreements. The research employed an online survey with 60 PhD and postdoctoral students, as well as faculty interviews, at an Institute of National Importance in Eastern India. While the Indian Copyright Act, 1957, initially grants authors ownership of their works, publishing contracts often transfer economic rights to publishers. The study reveals that 70.15% of researchers were unable to distinguish between moral and economic rights, while 73.13% were unaware of fair dealing provisions. Additionally, 70.1% prioritised journal impact factor over open access policies while selecting publication venues. These trends suggest the over-dependence on prestige metrics and uneven institutional support for rights retention. The study recommends the adoption of rights retention strategies for publicly funded research and copyright and OA training for researchers.