Lapsi Thematic Seminar Local practical experience on legal standardization HUNGARY Hunagi

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

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

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?

Current licensing practices Very simple in theory: FOI free of charge access, unlimited right to use In practice: authorities often enforce certain licensing criteria Regulated not in acts but by the authorities themselves Limitations on purpose of use Land registry Limitations on making available to others Company registry, land registry Licensing practices diverge to a great extent

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

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

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

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