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

Item

ITEM ACTIONSEXPORT

Add to Basket

Local TagsRelease HistoryDetailsSummary

Released

Journal Article

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

MPS-Authors

/persons/resource/persons195073

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

External Resource

https://www.jipitec.eu/jipitec/article/view/217
(Publisher version)

Fulltext (restricted access)

There are currently no full texts shared for your IP range.

Fulltext (public)

There are no public fulltexts stored in PuRe

Supplementary Material (public)

There is no public supplementary material available

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.