Copyright and Access: Re-evaluating the Legality and Ethics of Paywalled Academic Journals in the Knowledge Economy.

Apurva Sanjeev Desai

Copyright and Access: Re-evaluating the Legality and Ethics of Paywalled Academic Journals in the Knowledge Economy.

Author(s)	Ms. Apurva Sanjeev Desai
Country	India
Abstract	In an era where knowledge drives innovation, economic growth, and democratic participation, access to academic research remains paradoxically restricted. While copyright law is designed to protect creativity and reward authorship, its operation within the contemporary academic publishing industry has produced unintended consequences. The rise of paywalled journals, concentrated ownership among a small group of global publishers, and the increasing use of digital restrictions have transformed scholarly knowledge into a highly priced commodity. For students, researchers, and institutions, particularly in developing countries, these barriers often place essential academic resources out of reach. This paper critically examines the legality and ethical implications of paywalled academic journals within India’s constitutional and regulatory framework. It explores the tension between copyright protection and the right to education, arguing that excessive enclosure of publicly funded research undermines the broader social purpose of intellectual property law. By analysing constitutional principles, competition law concerns, and the growing role of technological protection measures, the study questions whether the current publishing model aligns with the ideals of fairness, equity, and public welfare embedded in India’s legal system. The paper contends that knowledge, unlike ordinary market goods, generates collective benefits that extend beyond individual consumers. When access is governed primarily by pricing power rather than public interest, the knowledge economy risks reinforcing inequality rather than promoting progress. Ultimately, this research calls for a recalibration of legal and policy frameworks to ensure that copyright serves its original purpose: encouraging creativity while safeguarding the public’s right to learn, innovate, and participate in a democratic society.
Keywords	Paywalled Journals, Fairness, Commodification of Knowledge, Market Failure, Right to Education
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-02-15

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Copyright and Access: Re-evaluating the Legality and Ethics of Paywalled Academic Journals in the Knowledge Economy.

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