Simplification of the use of images in open access scientific publications
Implementation of Article 28 of the French Research Programming Act
The Ministry of Higher Education, Research and Space has announced the implementation of the extended collective licence set out in Article 28 of the Research Programming Act (LPR). This measure facilitates the use of images in open access publications. This new advance results from an agreement signed with collective copyright management organisations: ADAGP (French copyright collection and management society for visual and graphic artists.), SAIF (Society of Authors in the Visual Arts and Still Images), and Scam (Civil Society of Multimedia Authors). This measure was a commitment set out in the Second French Plan for Open Science.
A system that reduces administrative procedures
Tens of thousands of images are used in research publications in France (‘Étude sur l’utilisation d’œuvres relevant des arts visuels dans les publications scientifiques’ – Study on the use of visual arts works in scientific publications, 2022. DOI: 10.52949/50) every year. Up to now, the public communication of images required researchers or their publishers to carry out complex procedures on a per-image basis such as the identification of rights holders, requests for authorisation, contractualisation and payment. The extended collective licence means that such constraints have now been removed, saving more than 50,000 legal and budgetary transactions each year, while ensuring the rights of image creators are respected.
A methodological guide to support the scientific community
The Ministry provides a lump sum payment for rights holders which simplifies researchers’ work. To support scientists, the French National Institute of Art History (INHA) is to publish a methodological guide for users. In particular, this will specify the scope of the extended collective licence, which is limited to open access and non-profit publications. A dedicated online form will be set up so publishers can report image use under Article 28. Finally, publishing platforms will adapt their terms and conditions of use to inform their users.
A significant change, particularly for the humanities and social sciences
This measure particularly benefits disciplines where images are an essential object of study, such as archaeology, geography, history, art history and sociology. It also applies to science, technology and medicine, when the images used are not produced in a laboratory. It is part of a simplification process aimed at improving the daily lives of researchers in France and strengthening the dissemination of knowledge, in line with the objectives of open science.
Find out more:
- The press release published on the MESRE website (in French): https://www.enseignementsup-recherche.gouv.fr/fr/faciliter-le-travail-des-chercheurs-l-article-28-de-la-lpr-simplifie-l-utilisation-des-images-dans-100498
- INHA report highlighting the problem requiring a solution (2018): ‘Droits des images, histoire de l’art et société’ (Image rights, art history and society): https://shs.hal.science/halshs-02066987v1
- Study on the use of visual arts works in scientific publications (2022). DOI: 52949/50
