Presentation on theme: "Directive 2013/37/EU: Rethinking Copyright in the Name of Open Data Madrid LAPSI Meeting – 23 rd May 2014."— Presentation transcript:
Directive 2013/37/EU: Rethinking Copyright in the Name of Open Data Madrid LAPSI Meeting – 23 rd May 2014
Directive 2013/37/EU amending Directive 2003/98/EC on the re-use of public sector information (PSI) represents the renewed legal framework aimed at improving the adoption of open data practices by European public sector bodies (PSBs). Is does so by 2 1) by broadening the spectrum of PSBs which are subject to its rules 2) by declaiming a general obligation for Member States to make all accessible PSI re- usable
But the same Directive acknowledges that PSBs must adopt this presumption in favour of openness to the extent permitted by certain bodies of law, such as data protection law and intellectual property rights (IPRs)… What kind of IPRs? The Directive does not apply to documents covered by industrial property rights, i.e. patents, registered designs and trademarks (Rec. 22 2003/98). What kind of PSI is also a piece of IPR? A single piece of PSI that amounts to a work of art (copyright) Collection of pieces of PSI that amounts to a database (sui generis database right) Pieces of PSI that are, at the same time, parts of protected databases and works of art in themselves Pieces of PSI that, whereas parts of protected databases, are not IPRs on a stand alone base Who may be the owner of those IPRs? The very same PSBs Third parties (and even initial owners of IPRs held by cultural institutions) PSBs’ employees: economic rights may go to the employer by the contract of employment (right to control + benefits from use, at least in theory) but employee is the author (paternity right + integrity rights) 3
4 In these cases, rights clearance is needed No authorisation to reuse Authorization under the conditions set by the IP holders
5 PSBs that have to cover a substantial part of their costs relating to the performance of their public tasks PSI held by PSBs that have to cover a substantial part of their cost relating to the collection, production, reproduction and dissemination At any price below or equal to the cost of collection, production, reproduction and dissemination, plus a reasonable return on investment
7 In light of this… Ordinary PSBs holding copyright or sui generis rights on their PSI: shall/should not refuse re-use on the basis of their IPRs (limited ‘right to control’) cannot define a charging policy beyond what the new Directive permits (limited ‘equitable remuneration’) But, exclusivity can originate from different sources rather than IPRs… exclusive arrangements! PSI is curving out copyright and sui generis rights!