On Tue, Jun 8, 2021 at 7:12 PM john cummings <mrjohncummings@gmail.com> 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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