Open Access

The author examines whether the right to publish Open Access may develop to a duty. The focus is on the professor's rights and duties to the research results and copyright works that arise during the professor's work in research and teaching. The author concludes that the freedom of sciences guaranteed in Article 5 (3) ensures the comprehensive protection of the publication freedom and limits the professor's obligation to publish its research results. The professor is de lege lata also not obliged to offer its copyright works, that contain research results, towards his employer or university. Furthermore, the freedom of property and sciences and the moral rights prevent to adapt such an obligation to offer.