@article{europeancommissionCommissionNoticeGuidelines2014,
  title = {Commission {{Notice}} - {{Guidelines}} on Recommended Standard Licences, Datasets and Charging for the Reuse of Documents 2014/{{C}} 240/01},
  author = {{European Commission}},
  year = {2014},
  month = jul,
  volume = {57},
  pages = {1--10},
  issn = {1977-091X},
  abstract = {[Excerpt]

[:1. Purpose of the notice]

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 (1).

[\textbackslash n] Yet, studies conducted on behalf of the European Commission show that industry and citizens still face difficulties 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.

[\textbackslash n] 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 guidelines 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).

[\textbackslash n] 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.

[\textbackslash n] The feedback received (3) 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. This suggests that 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.

[\textbackslash n] 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.

[:2. Guidelines on recommended standard licenses]

Article 8(1) of the revised Directive provides that public sector bodies may allow for re-use of documents without conditions or may impose conditions, where appropriate through a licence. These conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. Recital 26 of Directive 2013/37/EU lists two such acceptable conditions by way of illustration: acknowledgment of source and acknowledgment of any modifications to the document. It also stipulates that licences, whenever used, should in any event place as few restrictions on re-use as possible, e.g. limiting them to an indication of source.

[\textbackslash n] The revised Directive also encourages the use of standard licences, which must be available in digital format and be processed electronically (Article 8(2)). Recital 26 of the amending Directive encourages the use of open licences, which should eventually become common practice across the Union.

[\textbackslash n] Thus, by stressing the need to avoid 'unnecessarily restricting re-use' and supporting the adoption of 'common practice across the Union', the Directive urges Member States' in their licensing policies to deliver openness and interoperability.

[\textbackslash n] It should be borne in mind that the Directive does not apply to documents for which third parties hold intellectual property rights. Such documents are not concerned by the present notice.

[:2.1. Notice or licence]

Although public authorities often prefer to draft fully-fledged licences in order to retain control over their wording and updates, the Directive does not mandate the use of formal licences, but notes merely that they should be applied 'where appropriate'. MS should consider whether in any individual instances and depending on a document, a notice could be used instead (in the form of a text, pop-up window or a hyperlink to an external website).

[\textbackslash n] A simple notice (e.g. the Creative Commons public domain mark) (4) clearly indicating legal status is specifically recommended for documents in the public domain (e.g. where IPR protection has expired or in jurisdictions where official documents are exempt from copyright protection by law).

[\textbackslash n] In any case, a reference to the conditions under which re-use is allowed should appear prominently at the point of display of, or accompanying, the information.

[:2.2. Open licences]

Several licences that comply with the principles of 'openness' (5) described by the Open Knowledge Foundation to promote unrestricted re-use of online content, are available on the web. They have been translated into many languages, centrally updated and already used extensively worldwide. Open standard licences, for example the most recent Creative Commons (CC) licences (6) (version 4.0), could allow the re-use of PSI without the need to develop and update custom-made licences at national or sub-national level. Of these, the CC0 public domain dedication (7) is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions. If the CC0 public domain dedication cannot be used, public sector bodies are encouraged to use open standard licences appropriate to a member state's own national intellectual property and contract law and that comply with the recommended licensing provisions set out below. In the light of the said recommendations, consideration should also be given to the possibility of developing a suitable national open licence.

[\textbackslash n] [...]},
  journal = {Official Journal of the European Union},
  keywords = {*imported-from-citeulike-INRMM,~INRMM-MiD:c-13912783,creative-commons,european-commission,free-scientific-knowledge,knowledge-freedom,legislation,open-access,open-data,scientific-knowledge-sharing},
  lccn = {INRMM-MiD:c-13912783},
  number = {C 240}
}

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Purpose of the notice] 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 (1). [\\n] Yet, studies conducted on behalf of the European Commission show that industry and citizens still face difficulties 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. [\\n] 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 guidelines 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). [\\n] 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. [\\n] The feedback received (3) 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. This suggests that 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. [\\n] 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. [:2. Guidelines on recommended standard licenses] Article 8(1) of the revised Directive provides that public sector bodies may allow for re-use of documents without conditions or may impose conditions, where appropriate through a licence. These conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. Recital 26 of Directive 2013/37/EU lists two such acceptable conditions by way of illustration: acknowledgment of source and acknowledgment of any modifications to the document. It also stipulates that licences, whenever used, should in any event place as few restrictions on re-use as possible, e.g. limiting them to an indication of source. [\\n] The revised Directive also encourages the use of standard licences, which must be available in digital format and be processed electronically (Article 8(2)). Recital 26 of the amending Directive encourages the use of open licences, which should eventually become common practice across the Union. [\\n] Thus, by stressing the need to avoid 'unnecessarily restricting re-use' and supporting the adoption of 'common practice across the Union', the Directive urges Member States' in their licensing policies to deliver openness and interoperability. [\\n] It should be borne in mind that the Directive does not apply to documents for which third parties hold intellectual property rights. Such documents are not concerned by the present notice. [:2.1. Notice or licence] Although public authorities often prefer to draft fully-fledged licences in order to retain control over their wording and updates, the Directive does not mandate the use of formal licences, but notes merely that they should be applied 'where appropriate'. MS should consider whether in any individual instances and depending on a document, a notice could be used instead (in the form of a text, pop-up window or a hyperlink to an external website). [\\n] A simple notice (e.g. the Creative Commons public domain mark) (4) clearly indicating legal status is specifically recommended for documents in the public domain (e.g. where IPR protection has expired or in jurisdictions where official documents are exempt from copyright protection by law). [\\n] In any case, a reference to the conditions under which re-use is allowed should appear prominently at the point of display of, or accompanying, the information. [:2.2. Open licences] Several licences that comply with the principles of 'openness' (5) described by the Open Knowledge Foundation to promote unrestricted re-use of online content, are available on the web. They have been translated into many languages, centrally updated and already used extensively worldwide. Open standard licences, for example the most recent Creative Commons (CC) licences (6) (version 4.0), could allow the re-use of PSI without the need to develop and update custom-made licences at national or sub-national level. Of these, the CC0 public domain dedication (7) is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions. If the CC0 public domain dedication cannot be used, public sector bodies are encouraged to use open standard licences appropriate to a member state's own national intellectual property and contract law and that comply with the recommended licensing provisions set out below. In the light of the said recommendations, consideration should also be given to the possibility of developing a suitable national open licence. 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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 (1).\n\n[\\textbackslash n] Yet, studies conducted on behalf of the European Commission show that industry and citizens still face difficulties 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. 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This suggests that 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.\n\n[\\textbackslash n] 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.\n\n[:2. Guidelines on recommended standard licenses]\n\nArticle 8(1) of the revised Directive provides that public sector bodies may allow for re-use of documents without conditions or may impose conditions, where appropriate through a licence. These conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition. Recital 26 of Directive 2013/37/EU lists two such acceptable conditions by way of illustration: acknowledgment of source and acknowledgment of any modifications to the document. It also stipulates that licences, whenever used, should in any event place as few restrictions on re-use as possible, e.g. limiting them to an indication of source.\n\n[\\textbackslash n] The revised Directive also encourages the use of standard licences, which must be available in digital format and be processed electronically (Article 8(2)). 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