Licensing: A Conceptual Framework for EU Guidance to the Member States

Masaryk University Journal of Law and Technology - MUJLT
Marco Ricolfi
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15 November 2012

This memo intends to identify and link together a number of crucial topics concerning the licensing for the purpose of re-use of Public Sector Information under the Directive 2003/98/EC on the re-use of public sector information (the PSI Directive) and in connection with the draft Proposal for a Directive amending the Directive unveiled December 2011. The purpose of the document is threefold: first, to assist in the design of exercises concerning PSI licensing that might be launched in the near future, such as the preparation of a multi-level conference on the issue, aimed at bringing together stakeholders, scholars, the open data community, policy makers and the general public; second, to provide the conceptual terms of reference for the setting up of research projects, thematic networks or other cooperative initiatives in the area; and third to prepare the ground for the discussion of possible components of guidance by the Commission to the Member States in specific connection with “recommended licensing conditions and formats” as provided by Recital 18 of the draft Proposal.

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