6 Amendments of François ALFONSI related to 2011/0430(COD)
Amendment 34 #
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2003/98/EC does not contain an obligation to allow re-use of documents. This state of affairs should be reviewed. As the Directive currently stands, the decision whether or not to authorise re-use remains with the Member States or the public sector body concerned. At the same time, the Directive builds on national rules on access to documents. Some Member States have expressly linked the right of re- use to this right of access, so that all generally accessible documents are re- usable. In other Member States, the link between the two sets of rules is less clear and this is a source of legal uncertainty. The directive should promote harmonisation of practices so that access to documents and authorisation to re-use them become the rule and are reflected in the establishment of open data projects.
Amendment 35 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) While Directive 2003/98/EC cannot compel Member States to digitise existing analogue content, the publication of public data in digital form should become the rule.
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC should therefore lay down a clear obligation for Member States to make all generally available documents re-usable. As it constitutes a limitation to the intellectual property rights hold by the authors of the documents, the scope of such a link between the right of access and the right of use should be narrowed to what is strictly necessary to reach the objectives pursued by its introduction. In this respect, taking into account the Union legislation and Member States' and Union's international obligations, notably under the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), documents on which third parties hold intellectual property rights should be excluded from the scope of Directive 2003/98/EC. If a third party was the initial owner of a document held by libraries (including university libraries), museums and archives that is still protected by intellectual property rights, that document should, for the purpose of this Directive, be considered as a document for which third parties hold intellectual property rights.
Amendment 38 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Re-use of documents should respect the intellectual property rights of the authors of the documents. Taking into account the legislation of the Union and the Member States and the Union's international obligations, notably under the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), documents on which third parties hold intellectual property rights should be excluded from the scope of Directive 2003/98/EC. If a third party was the initial owner of a document held by libraries (including university libraries), museums and archives that is still protected by intellectual property rights, that document should, for the purpose of this Directive, be considered as a document for which third parties hold intellectual property rights.
Amendment 54 #
Proposal for a directive
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
(2) At the end of paragraph 4, the following wording is added: ‘TParagraph 4 is replaced by the following: ‘4. Any negative decision shall contain a reference to the means of redress in case the applicant wishes to appeal the decision. In each Member State, the means of redress shall include the possibility of review by an independent authority that is vested with specific regulatory powers regarding the re-use of public sector information and whose decisions are binding upon the public sector body concerned.’
Amendment 58 #
Proposal for a directive
Article 1 – point 8 – point 1
Article 1 – point 8 – point 1
Directive 2003/98/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Public sector bodies may allow re-use without conditions orWhile the rule regarding re-use should be that it is unconditionally permitted, public sector bodies may impose conditions, such as indication of source, where appropriate throughunder the terms of a licence. These conditions shall cannot unnecessarily restrict possibilities for re-use and shall notor be used to restrict competition.