Thanks very much indeed for your clear answers. You've given me a very
clear direction to work towards.

Best

On Tue, 8 Jun 2021 at 19:15, Mathias Schindler <[email protected]>
wrote:

>
>
> On Tue, Jun 8, 2021 at 7:12 PM john cummings <[email protected]>
> wrote:
>
>> Hi Mathias
>>
>> This is super helpful thanks, a few follow on questions about the
>> directive if you or anyone else knows.
>>
>>    - Do you know if there's anything I could read which discusses how
>>    these parts of the directive are applied to cultural organisations?
>>    Basically what this means in practice and any examples
>>    - What does 'where the re-use of such documents is allowed' mean? Is
>>    it 'if its publicly available it has to be under an open license'? Or
>>    something else?
>>    - What encourages governments to follow this directive? Is it a legal
>>    requirement? Or is it best practice, or they get some kind of recognition
>>    or potential for funding?
>>
>>
> A Directive is one of two main ways of EU legislation. EU member states
> are required to implement these Directives into national law. In the case
> of the EU Open Data Directive, EU member states are creating or modifying
> existing national laws that satisfy the requirements of this Directive. A
> French government institution does not have to observe the Directive
> directly with the French law implementing this Directive.
> https://eur-lex.europa.eu/advanced-search-form.html?action=update&qid=1623175624612
> is a search engine (it is not perfect) to see where a EU Directive has been
> transposed.
>
> Regarding your second question (referring to Article 3 (2) of the
> Directive), it is a fancy way of saying that IF reuse is allowed (since
> there are many exceptions for certain cases), it should be for both
> commercial and non-commercial re-use, which is a good thing. Recital 44
> explains a bit more:
>
> "
>
> (44)
>
> The re-use of documents should not be subject to conditions. However, in
> some cases justified by a public interest objective, a licence may be
> issued imposing conditions on the re-use by the licensee dealing with
> issues such as liability, the protection of personal data, the proper use
> of documents, guaranteeing non-alteration and the acknowledgement of
> source. If public sector bodies license documents for re-use, the licence
> conditions should be objective, proportionate and non-discriminatory.
> Standard licences that are available online may also play an important role
> in this respect. Therefore Member States should provide for the
> availability of standard licences. Any licences for the re-use of public
> sector information should, in any event, place as few restrictions on
> re-use as possible, for example limiting restrictions to an indication of
> source. Open licences in the form of standardised public licences available
> online which allow data and content to be freely accessed, used, modified
> and shared by anyone for any purpose, and which rely on open data formats,
> should play an important role in this respect. Therefore, Member States
> should encourage the use of open licences that should eventually become
> common practice across the Union. Without prejudice to liability
> requirements laid down in Union or national law where a public sector body
> or a public undertaking makes documents available for re-use without any
> other conditions or restrictions, that public sector body or public
> undertaking may be allowed to waive all liability with regards to the
> documents made available for re-use."
>
>
>
> Many words were spend to describe Creative Commons without mentioning the
> words "Creative Commons".
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