the psi directive revisited: what will be the impact on...
TRANSCRIPT
The PSI directive revisited: what
will be the impact on SDIs in
Europe?
dr. Katleen Janssen
ICRI – K.U.Leuven - IBBT
LAPSI thematic network
www.lapsi-project.eu
Starting point
INSPIREPSI
European Commission
• December 2011: Open Data Strategy
– Digital Agenda & EU 2020
– Instruments
• PSI directive
• Financial instruments
• Coordination and experience sharing
– INSPIRE is mentioned!
Open data?Open data is data that can be freely used, reused and
redistributed by anyone - subject only, at most, to the
requirement to attribute and share alike.
Proposed amendments
• Field of application
– Libraries, museums and archives (‘light version’)
– Documents the supply of which is an activity falling outside the
scope of the public task
Proposed amendments
• General principle
– From option to
obligation:
“documents ...shall be
re-usable for commercial
or non-commercial
purposes”
– Museums, archives and
libraries: optional
Proposed amendments
• Means of redress
– Independent authority
• Specific regulatory powers
• Binding decisions
• Machine-readable format & metadata
Proposed amendments
• Charging
– Default: marginal costs for reproduction and dissemination
– Old rules
• Exceptional cases, where public bodies generate substantial part of
operating costs for their public service tasks from exploitation of IPR
– Objective, transparent and verifiable criteria
– In public interest
– Approval of independent authority
• Libraries, museums and archives
– Burden of proof with PSB
Danish Presidency text
Commission proposal
• “Exceptional cases, where public bodies generate substantial part
of operating costs for their public
service tasks from exploitation of
IPR”
• Objective, transparent and
verifiable criteria
• In public interest
• Approval of independent authority
• Burden of proof
Danish presidency
• “Public sector bodies that are
required to generate revenue to
cover a substantial part of their
costs relating to the performance
of their public tasks”
• Burden of proof
Commission amendments
• Licensing
“Public sector bodies may allow for re-use without conditions or
may impose conditions, such as indication of source, where
appropriate through a licence, dealing with relevant issues. These
conditions shall not unnecessarily restrict possibilities for re-use
and shall not be used to restrict competition”.
• Open licensing is encouraged
• Soft law
Licensing
• Main problem?
– Licence is a tool to protect interests
– But: interoperability!
(c) Frederico Morando
Summary
• Description of public task
• Obligation to allow re-use
• Charging
• Licensing
NEW! LLM IN ICT & IP LAW: PLEASE CONSULT WWW.ICRI.BE FOR
MORE INFORMATION!
Thank you!
Credits
• LAPSI meeting: http://www.lapsi-project.eu/category/free-tags/meetings
• Library: http://aphdigital.org/GVH/items/show/234
• “It’s the law”, Leo Reynolds, http://www.flickr.com/photos/lwr/3715461553/
• “steps”, Tup Wanders, http://www.flickr.com/photos/tupwanders/79739734/