Re-Use of Public Sector Information in Cultural Heritage Institutions

12 Pages Posted: 5 Nov 2014

See all articles by Paul Keller

Paul Keller

Kennisland

Thomas Margoni

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven; University of Glasgow - School of Law - CREATe

Katarzyna Rybicka

Centrum Cyfrowe Projekt: Polska

Alek Tarkowski

Centrum Cyfrowe Projekt: Polska

Date Written: November 4, 2014

Abstract

In 2013 the European Union amended the Directive on Public Sector Information, establishing the principle that all available information produced and collected by public sector institutions must be made available for reuse under open terms and conditions. The amended Directive also brings publicly funded libraries, museums and archives into its scope. These new rules on reuse of heritage materials, treated as public sector information (PSI), attempt for the first time to define a general framework for sharing cultural heritage information all around Europe. In this paper we argue that if Member States are not careful, the implementation of the changes required by the new Directive could do more harm than good when it comes to access to digitized cultural heritage in Europe. These concerns center on how the directive interacts with copyright legislation. The paper recommends that in order to contribute to the opening up of cultural heritage resources, Member States should ensure that all qualifying documents that are not currently covered by third party intellectual property rights fall within the scope of the Directive. Member States should also implement the Directive in a way that does not encourage or require institutions to charge for the reuse of works that they make available for reuse. For documents that are still protected by intellectual property rights but where these rights are held by the cultural heritage institutions that have these works in their collections, Member States should encourage the use of Open Definition-compliant licenses.

Keywords: Public Sector Information, intellectual property rights, copyright, new 2013 direcitve, public domain, open licenses

Suggested Citation

Keller, Paul and Margoni, Thomas and Rybicka, Katarzyna and Tarkowski, Alek, Re-Use of Public Sector Information in Cultural Heritage Institutions (November 4, 2014). Available at SSRN: https://ssrn.com/abstract=2519075 or http://dx.doi.org/10.2139/ssrn.2519075

Paul Keller

Kennisland ( email )

Amsterdam
Netherlands

Thomas Margoni (Contact Author)

Centre for IT & IP Law (CiTiP), Faculty of Law - KU Leuven ( email )

Brussels
Belgium

University of Glasgow - School of Law - CREATe ( email )

Scotland
United Kingdom

Katarzyna Rybicka

Centrum Cyfrowe Projekt: Polska ( email )

ul. Andersa 29
Warsaw, 02-536
Poland

Alek Tarkowski

Centrum Cyfrowe Projekt: Polska ( email )

ul. Andersa 29
Warsaw, 02-536
Poland

HOME PAGE: http://centrumcyfrowe.pl

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