Open Government Data Licences in the Greater China Region

Making Copyright Work in the Asian Pacific: Juxtaposing Harmonisation with Flexibility. pp. 197-225 (Susan Corbett & Jessica Lai eds., ANU Press, 2018)

The Chinese University of Hong Kong Faculty of Law Research Paper No. 2018-15

31 Pages Posted: 16 Nov 2018

See all articles by Jyh-An Lee

Jyh-An Lee

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: October 25, 2018

Abstract

Open government data (OGD) may contribute to the achievement of a wide range of social, economic and political goals. Nevertheless, it also involves a variety of legal issues. The choice (or design) of a licence, or the terms of use for OGD is not only a legal issue but also a policy issue. Based on an analysis of the legal environment for OGD in the Greater China region, namely mainland China, Hong Kong and Taiwan, this study argues that a government’s decisions regarding open data licences reveal the priorities of its policy goals, which may be associated with transparency, accountability, collaboration, economic growth or political control. If the primary policy goal is to promote innovation and economic development, the terms or licences of OGD should be the least restrictive.

Through a study of OGD licences in the Greater China region, this chapter not only illustrates different phases of OGD development but also analyses potential and unsettled copyright issues therein, such as moral rights and the legality of licences associated with uncopyrightable materials. The dynamic OGD experiences from three main jurisdictions in the Greater China region are, therefore, valuable for others that aim to implement OGD policies for various policy goals.

Keywords: open government data, open data, China, Hong Kong, Taiwan, copyright, license

Suggested Citation

Lee, Jyh-An, Open Government Data Licences in the Greater China Region (October 25, 2018). Making Copyright Work in the Asian Pacific: Juxtaposing Harmonisation with Flexibility. pp. 197-225 (Susan Corbett & Jessica Lai eds., ANU Press, 2018), The Chinese University of Hong Kong Faculty of Law Research Paper No. 2018-15, Available at SSRN: https://ssrn.com/abstract=3272655

Jyh-An Lee (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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