PT Journal
AU Richter, H
TI Open Science and Public Sector Information – Reconsidering the exemption for educational and research establishments under the Directive on re-use of public sector information
SO JIPITEC
PY 2018
BP 51
EP 74
VL 9
IS 1
DE Copyright; Database Protection; EU Copyright Reform; Open Access; Open Education; Open Government Data; PSI Directive; Public Sector Information; Re-Use of Information; Scientific Information
AB The article discusses the possibilities of including public research and educational establishments within the scope of the Directive regulating the re-use of public sector information (2003/98/EC – ‘PSI Directive’). It subsequently evaluates the legal consequences of such an inclusion. Focusing on scientific information, the analysis connects the long-standing debates about open access and open educa-tion to open government data. Their common driving force is the call for a wide-spread dissemination of publicly funded information. However, the regulatory standard set out by the PSI Directive is characterized by considerable legal uncer-tainty. Therefore, it is difficult to derive robust assumptions that can form the ba-sis for predicting the effects of extending the PSI Directive’s scope to research in-formation. A potential revision of the PSI Directive should reduce this uncertain-ty. Moreover, PSI regulation must account for the specific incentives linked to the creation and dissemination of research results. This seems of primary importance for public-private research collaborations because there is a potential risk that a full application of the PSI Directive might unduly affect incentives for such col-laborations.
ER