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Lapsi Thematic Seminar

Local practical experience on legal standardization HUNGARY Hunagi. Lapsi Thematic Seminar. Overview. Problems of implementation of Directive Current licensing practices Assessment, conclusions Steps needed to move forward. Problems of implementation.

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Lapsi Thematic Seminar

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  1. Local practical experience on legal standardization HUNGARY Hunagi Lapsi Thematic Seminar

  2. Overview • Problems of implementation of Directive • Current licensing practices • Assessment, conclusions • Steps needed to move forward

  3. Problems of implementation • Determine existing licensing practices • Current legislation: • Re-use not treated as a specific legislative issue • Access for re-use by means of FOI regulations • Free of charge (only costs of copying) • But: official registries regulated differently • Requirements of the Directive not reflected

  4. Problems of implementation • Implications of legislative situation • Lack of motivation for public bodies  public bodies interested in limiting access and re-use • Government portal legal database: no licenses granted • Lack of effective measures to facilitate re-use, lack of PPP cooperation • Lack of transparency in access •  Access/licenses granted individually • Licensing is not a major issue • A possible infringement procedure?

  5. Current licensing practices • Verysimpleintheory: FOI  free of chargeaccess, unlimited right touse • Inpractice: authoritiesoftenenforcecertainlicensingcriteria • Regulatednotinactsbutbytheauthoritiesthemselves • Limitationsonpurpose of use Landregistry • Limitationsonmakingavailabletoothers  Companyregistry, landregistry • Licensingpracticesdivergeto a greatextent

  6. Status of legal standardization • Very limited results • Existing examples: • Current project on publishing educational materials •  CC licensing envisaged (CC-BY, CC-BY-SA) • Electronic library (not a real PSI re-use example) • Lack of awareness of possibility of legal standardization

  7. Assessment • Lack of effective PSI re-use regulations hampers re-use (lack of effective access) • In the absence of motivation, public bodies use very limited licenses • Licenses are not uniform and not transparent • Single licensing prevent users from enforcing their needs jointly

  8. Assessment • Legal standardization would • Allow uniform licensing to all users • Result in more user friendly licensing • Make access and licensing more effective

  9. How to overcome this • Adopt adequate PSI re-use legislation • provide effective legal framework for re-use and licensing • change public bodies’ attitude •  Recent development: new act on PSI re-use initiated • Make public bodies more aware of legal standardization (EU best practices) • Ensure that public bodies revise their licensing terms

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