Title:

Author: Rob Davies, MDR Partners

Version 6, 5 May 2009

The study Commissioned by and published by the European Commission as part of the Public Domain in Europe Project (under the Digital Libraries Initiative of the European Commission DG Information Society and Media). The Pubic Domain in Europe project is undertaking a major analysis of the scope and nature of the public domain in Europe.

This study aimed to assess the pros and cons of the possible extension of the Directive to include the cultural sector and to support the European Commission’s consideration of this issue in their review of the PSI Directive. Under Article 2 of the Directive, certain types of content are excluded from the scope of the Directive including documents held by cultural institutions such as museums, libraries, archives, orchestras, operas, ballets and theatres (with other exemptions in this same article for secrecy, educational and research organisations and intellectual property rights of third parties.

The underlying question asked was: ‘Is the time right to consider bringing the cultural sector under the scope of the PSI Directive?’

The published report is comprehensive and documents the complexities and issues involved in attempting to address this question. The study methodology was designed to collect information and perspectives from both cultural institutions and demand side organisations/associations. For example, email questionnaires, telephone and in person interviews were completed with key staff in libraries, archives and museums throughout Europe. Follow up activities to collect additional information from demand side perspective is ongoing.

A key finding noted by the Report is stated as follows.

“Whilst there is little doubt that PSI held by the cultural sector has a significant potential value for re-users, the advantages of including cultural heritage institutions within the scope of the Directive are currently difficult to assess and require further investigation over time.”

with complete documentation on the study and findings.