Hi, My reading is similar. The CJEU essentially says that by including technical standards into EU legislation, the EU's transparency rules apply to them. That's a good decision, but not something that changes the copyright status of said standards.
Cheers, Dimi Le mer. 6 mars 2024 à 14:42, Phil Bradley-Schmieg <[email protected]> a écrit : > +1 to Mathias's point here. EU access-to-document type cases don't > necessarily impact the ownership of IP / question of whether something is > PD. > > While I've not fully analysed the copyright question for this particular > scenario - or even had time to fully digest the new CJEU ruling (and what > follows cannot be considered WMF's position on anything), I see that the > deletion discussion was already closed as a Speedy Keep. So since things > are moving pretty quickly, I'll just note for now that *the European > Commission seems to take the position that the mere inclusion of > international standards (drafted by third parties, not by or for the > European Commission) into EU law does not result in that standard being > released to the PD*. This is discussed here [1]. > > I have found an example: inclusion of IFRS accounting standards into EU > law; see Recital 14 here [2] ("*The copyright, the database rights, and > any other intellectual property rights in the IFRS and related > interpretations issued by the International Financial Reporting > Interpretations Committee are owned by the IFRS Foundation. A copyright > notice should therefore be included in the Annex to this Regulation.*"). > The copyright notice that it refers to appears in the Annex to that law[3], > and is worded: "*Reproduction allowed within the European Economic Area. > All existing rights reserved outside the EEA, with the exception of the > right to reproduce for the purposes of personal use or other fair dealing. > Further information can be obtained from the IASB at www.iasb.org > <http://www.iasb.org>*" > > [1] > https://eur-lex.europa.eu/content/legal-notice/legal-notice.html#2.%20droits > [2] > https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2023.237.01.0001.01.ENG > [3] > https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2023.237.01.0001.01.ENG#d1e91-4-1 > > Regards, > Phil > > On Wed, 6 Mar 2024 at 11:51, Mathias Schindler < > [email protected]> wrote: > >> Hi, >> >> Thanks for sharing the link. Contrary to the subject line, I get the >> impression that the court did not answer the question on the public domain >> (as in copyright) status of those harmonized standards that are referenced >> by EU law. It only answered a specific question on the EU access to >> documents law and left the second question unanswered. If someone had more >> time looking at the decision, I would be happy to see a clarification if I >> am mistaken. >> >> Mathias >> >> On Tue, Mar 5, 2024 at 2:25 PM Federico Leva (Nemo) <[email protected]> >> wrote: >> >>> The CJEU today ruled for Carl Malamud against the European Commission in >>> C‑588/21 (Public.Resource.Org and Right to Know v. European >>> Commission): >>> >>> >>> https://curia.europa.eu/juris/document/document.jsf?docid=283443&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=6375509 >>> >>> https://curia.europa.eu/jcms/jcms/p1_4324488/en/ >>> >>> I've therefore opened a discussion on Commons: >>> >>> >>> https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright#Public_domain_status_of_European_harmonised_standards >>> >>> >>> https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:EN_301_549_V3.2.1_(2021-03).pdf >>> >>> Some relevant snippets from the ruling: >>> >>> «a harmonised standard, adopted on the basis of a directive [...] forms >>> part of EU law» >>> >>> «the rule of law, which requires free access to EU law for all natural >>> or legal persons of the European Union» >>> >>> «there is an overriding public interest [...] justifying the disclosure >>> of the requested harmonised standards» >>> >>> «As is apparent [...] the Commission should have acknowledged [...] the >>> existence of an overriding public interest» >>> >>> Best, >>> Federico >>> _______________________________________________ >>> Publicpolicy mailing list -- [email protected] >>> To unsubscribe send an email to [email protected] >>> >> _______________________________________________ >> Publicpolicy mailing list -- [email protected] >> To unsubscribe send an email to [email protected] >> > _______________________________________________ > Publicpolicy mailing list -- [email protected] > To unsubscribe send an email to [email protected] > -- Dimitar Dimitrov Policy Director Wikimedia Europe mobile: +32497720374 Rue Belliard 12 Belliardstraat, Brussels https://wikimedia.brussels -- Wikimedia Europe ivzw
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