European Commission (2014)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

European Commission (2014)
Title: Guidelines on Recommended Standard Licences, Datasets and Charging for the Reuse of Documents
Author(s): European Commission
Year: 2014
Citation: Guidelines on Recommended Standard Licences, Datasets and Charging for the Reuse of Documents, European Commission 2014/C 240/01, available at http://ec.europa.eu/information_society/newsroom/cf/dae/document.cfm?action=display&doc_id=6421.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: These recommendations are based a survey of 304 interested PSI re-users and analyses the feedback received in the period between 30.08.2013 and 22.11.2013, as a part of a public consultation on the future Commission guidelines on recommended standard licensing, datasets and charging for the re-use of public sector information.

In addition to the online survey, the consultation exercise included a public hearing open to all interested parties and a meeting of the Public Sector Information Group composed of the representatives of all EU Member States, held on 25-26th of November 2013 at the Commission's premises in Luxembourg. The reports from those meetings are available on the Commission's web pages.

Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?:
Government or policy study?:
Time Period(s) of Collection:
  • 2013
Funder(s):
  • European Commission

Abstract

Opening up public sector information (PSI) for re-use brings major socioeconomic benefits. Data generated by the public sector can be used as raw material for innovative value-added services and products which boost the economy by creating new jobs and encouraging investment in data-driven sectors. They also play a role in increasing government accountability and transparency. These benefits have recently been recognised by the G8 leaders and enshrined in an Open Data Charter.

Yet, studies conducted on behalf of the European Commission show that industry and citizens still face difficul ties in finding and re-using it. In response, in December 2011 the Commission adopted a package of measures (2) to overcome barriers to re-use and reduce the fragmentation of data markets. The key element was the recently adopted Directive 2013/37/EU amending Directive 2003/98/EC on the re-use of public sector information.

The amended Directive calls on the Commission to help the Member States implement the new rules by issuing guidelines on recommended standard licences, datasets and charging for the re-use of documents. The guide lines are an important element of the Commission’s efforts to help the EU’s economy to generate more value from data (including scientific data and ‘big data’ from other sources than the public sector). They will also facilitate the roll-out of open data infrastructures under the Connecting Europe Facility (CEF).

In August 2013, the Commission launched an online consultation followed by a public hearing and a meeting of a Member States expert group on PSI. The aim was to gather the views of all interested parties on the scope and content of the future Commission guidelines. The purpose of this Commission Notice is to provide non-binding guidance on the best practices within the three subject areas of particular relevance for the re-use of public sector information in Europe.

Main Results of the Study

The feedback received shows an increasing trend towards a more open and interoperable licensing system in Europe and agreement on the need for the speedy release of several high-value datasets. With regard to charging, it is clear that a wide range of approaches are in operation, but the newly introduced pricing principles were not called into question by the majority of respondents. The PSI re-use market in Europe is still under development and that guidance on the key elements of the recently revised Directive is urgently needed if full advantage is to be taken of the commercial and non-commercial opportunities offered by the re-use of public data.

Policy Implications as Stated By Author

Key recommendations on standard licences, licensing provisions, data release, and charging are laid out in this report for policy guidance.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 304
Level of aggregation: PSI re-users
Period of material under study: 2013