"Open Europe: Open Data for Open Society"
Selected legal barriers for Open dataresults from Lapsi 2.0 best practices in IP
Directive 2003/98/EC ('PSI Directive’)
Directive on the re-use of public sector information
To encourage the Member States to make as much information available for re-use as
possible.
Does it stimulate innovation and empower citizens ?
• Public sector information– wide range of information that public sector bodies collect produce
reproduce and disseminate in many areas of activity while accomplishing their institutional task
• The Directive covers written texts, databases, audio files and film fragments; – it does not apply to the educational, scientific, broadcasting and
cultural sectors.• Public sector works
– PSI that fulfills the national requirements needed by the national law to obtain copyright and sui generis database protection.
LAPSI2.0
survey on best practices in IP• Legal rules on protectability of works• Legal rules and contractual practices on rights
ownership• Legal rules and other practices implemented
within cultural institutions
Protectability
copyright• International– Berne convention art 2(4) : its up to member
states to define • European
Protectability
copyright:• International• European– No definition of what is public sector work– No harmonisation of copyright– only partial harmonisation of originality (authors
own intellectual protection)• Originality is treshold for database protection and
software
Protectability
Sui generis database right
• European directive– Non-original databases – Substantial investment (qualitative or quantative) – Protection against systematic copying of
substantial parts
Protectability of PSW
I. Exempted from copyrightI. Broad exemption from protection means all PSI
and PSW are in the public domainI. Example czech republic, poland, austria, norway
II. Narrow copyright protectionIII. Copyright protected
Protectability of PSW
I. Exempted from copyrightII. Narrow copyright protection
I. Most countries have list of psw excluded from protection o.a. legislation,administrative decisions etc
I. Germany, netherland, belgium,itlay,slovenia hungary
III. Copyright protected
Protectability of PSW
I. Exempted from copyrightII. Narrow copyright protectionIII. Copyright protected
I. including legal and official texts no exemption in national law
II. Standard national copyright rules applyI. Including the limitations such as private copying,
teaching exemptions etcII. Limited term of protection (70 years)
III. England: crown copyright regime
Protectability and practices
Recommended• IP protection but only for
integrity check– UK : Crown copyright all is
protected under Crown copyright but available under Opengov licence v2.0
• IP protection but not exercised– Romania free re-use results in
competitive market on court decisions
Not recommended
Protectability and practices
Recommended Not recommended• Instead of IP protection
PSW become subject of exclusive agreements– Czech Republic exclusive
agreements for publishing PSW
• Absence of regulation leads to adhoce rules
Transfer or Rights
• Made by– Employees • Most common is automatic transfer to employer• Some :only if contractual, or lack regulation
– Third parties• Usually no specific provisions so general copyright rules
apply = license for re-use is needed
Trend to standardize procedures
Transfer or Rights
Trend to standardize procedures
Is this a good thing ?
- Should governments use standards in their contracts that all IP belongs to them ?
- Denial of access justified when rights held by third party ?
Availability of data from cultural institution
• Cultural institutions as PSB– Scope of the new directive is unclear, most likely
national definition is leading• Metadata produced by• Acces to metadata• Digitization
Availability of data from cultural institution
• Cultural institutions as PSB• Metadata produced by CI– Absence of specific rules so general copyright or
sui generis database rights apply– If produced in pursuit of cultural institutions public
task: common public sector work• Acces to metadata• Digitization
Availability of data from cultural institution
• Cultural institutions as PSB• Metadata produced by• Acces to metadata– Digitization of content and proper categorization is
pre-requisite for access and re-us of the respective metadata
• Digitization
Availability of data from cultural institution
• Cultural Institutions as PSB• Metadata produced by• Acces to metadata• Digitization– Access and re-use mostly alowed for research
purposes,teaching,private purposes– Problems • Funding• Outsourcing
Availability of data from cultural institution
• Cultural Institutions as PSB• Metadata produced by• Acces to metadata• Digitization
Discussion: IP and Digitization: who owns the rights and what access should the public have (under what conditions)
Free or fee, commercial use allowed, licenses ?
Incentives for opening accessRecommended
• Examples– UK: linked open data ; access
to bibliographic metadata and reuse available uder CC0
– France: National Library; licence Ouverte
• Digitization prescribed by law for cultural institutions
Not recommended
Incentives for opening accessRecommended
• Granting research and educational licenses
• If not under public domain: negotiation with third party rights holders to make it available under CC
• Make it policy to open access Green and Gold
Not recommended
Are you required to upload the final accepted version of your article to a repository?
Open access Author survey
march 2013 Taylor &Francis group
Incentives for opening accessrecommended Not recommended
• reclaiming copyright on public domain works
• Misuse of ‘ cultural exception’ to refuse opening up data of cultural institutions
• Claiming digitized content as their own copyright protected work
• Entering into private agreements to digitize content with granting exclusive right clauses for commercializing digital content
• Licenses that only allow cerain re-use.
Left over discussions
• Should official works be exempted from copyright and SGDR protection as such ?
• Means: no licensing issues
• If protected : What licensing framework to use best
• Contractual: clause that grants further re-use by public sector bodies and further re-users
march 2013 Taylor &Francis group
Open access Author survey
Thank you !
• All LAPSI research results available on http://www.lapsi-project.eu
• For more information please visit http://opensciencelink.eu
Contact • Freyja.vandenboom@ law.kuleuven.be
Top Related