Thanks very much indeed for your clear answers. You've given me a very
clear direction to work towards.
Best
On Tue, 8 Jun 2021 at 19:15, Mathias Schindler <mathias.schindler(a)gmail.com>
wrote:
On Tue, Jun 8, 2021 at 7:12 PM john cummings <mrjohncummings(a)gmail.com>
wrote:
Hi Mathias
This is super helpful thanks, a few follow on questions about the
directive if you or anyone else knows.
- Do you know if there's anything I could read which discusses how
these parts of the directive are applied to cultural organisations?
Basically what this means in practice and any examples
- What does 'where the re-use of such documents is allowed' mean? Is
it 'if its publicly available it has to be under an open license'? Or
something else?
- What encourages governments to follow this directive? Is it a legal
requirement? Or is it best practice, or they get some kind of recognition
or potential for funding?
A Directive is one of two main ways of EU legislation. EU member states
are required to implement these Directives into national law. In the case
of the EU Open Data Directive, EU member states are creating or modifying
existing national laws that satisfy the requirements of this Directive. A
French government institution does not have to observe the Directive
directly with the French law implementing this Directive.
https://eur-lex.europa.eu/advanced-search-form.html?action=update&qid=1…
is a search engine (it is not perfect) to see where a EU Directive has been
transposed.
Regarding your second question (referring to Article 3 (2) of the
Directive), it is a fancy way of saying that IF reuse is allowed (since
there are many exceptions for certain cases), it should be for both
commercial and non-commercial re-use, which is a good thing. Recital 44
explains a bit more:
"
(44)
The re-use of documents should not be subject to conditions. However, in
some cases justified by a public interest objective, a licence may be
issued imposing conditions on the re-use by the licensee dealing with
issues such as liability, the protection of personal data, the proper use
of documents, guaranteeing non-alteration and the acknowledgement of
source. If public sector bodies license documents for re-use, the licence
conditions should be objective, proportionate and non-discriminatory.
Standard licences that are available online may also play an important role
in this respect. Therefore Member States should provide for the
availability of standard licences. Any licences for the re-use of public
sector information should, in any event, place as few restrictions on
re-use as possible, for example limiting restrictions to an indication of
source. Open licences in the form of standardised public licences available
online which allow data and content to be freely accessed, used, modified
and shared by anyone for any purpose, and which rely on open data formats,
should play an important role in this respect. Therefore, Member States
should encourage the use of open licences that should eventually become
common practice across the Union. Without prejudice to liability
requirements laid down in Union or national law where a public sector body
or a public undertaking makes documents available for re-use without any
other conditions or restrictions, that public sector body or public
undertaking may be allowed to waive all liability with regards to the
documents made available for re-use."
Many words were spend to describe Creative Commons without mentioning the
words "Creative Commons".
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