4 Amendments of Bendt BENDTSEN related to 2011/0430(COD)
Amendment 23 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC should therefore lay down a clear obligation forthat 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 39 #
Proposal for a directive
Recital 13
Recital 13
(13) In relation to any re-use that is made of the document, public sector bodies mayshall, where practicable, impose conditions on the re-user, such as acknowledgment of source. Any licences for the re-use of public sector information should in any case place as few restrictions on re-use as possible. Open licences available online, which grant wider re-use rights without technological, financial or geographical limitations and relying on open data formats, may also play an important role in this respect. Therefore, Member States should encourage the use of open government licences.
Amendment 101 #
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
‘Public sector bodies may allow re-use without conditions or may impose conditions, such asby requiring indication of source, where appropriate through a licence. These conditions shall not unnecessarily restrict possibilities for re-use and shall not be used to restrict competition.’
Amendment 124 #
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2003/98/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
12. In Article 13 (Review) the date of 1 July 2008 is replaced by [3 years after the transposition date] and the following paragraph is added: ‘Member States shall submit a yearly report to the Commission on the extent of the re-use of public sector information, the conditions under which it is made available and the work of the independent authority referred to in article 4(4).’.