Open Science and Public Sector Information – Reconsidering the exemption for 
educational and research establishments under the Directive on re-use of public 
sector information

Richter, Heiko

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Open Science and Public Sector Information – Reconsidering the exemption for educational and research establishments under the Directive on re-use of public sector information

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Richter, Heiko
MPI for Innovation and Competition, Max Planck Society;

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http://www.jipitec.eu/issues/jipitec-9-1-2018/4679
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Citation

Richter, H. (2018). Open Science and Public Sector Information – Reconsidering the exemption for educational and research establishments under the Directive on re-use of public sector information. Journal of Intellectual Property, Information Technology and Electronic Commerce Law, 9(1), 51-74.

Cite as: https://hdl.handle.net/21.11116/0000-0000-2AC4-4

Abstract

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.