The Protection of Maps and Spatial Databases in Europe and the United States by Copyright and the Sui Generis Right, 24 J. Marshall J. Computer & Info. L. 195 (2006)

Spatial data and applications play an ever-increasing part in our economy and in our society in general, but the protection of spatial databases by intellectual property rights seems to be a challenge because the Internet and information technology have caused a considerable increase in the copying of data, maps, route descriptions, hiking trails, etc. The illegal copying of spatial data, however, has caused the data producers to turn to several means of protection, such as intellectual property legislation, unfair competition, confidentiality and privacy. This paper begins by determining what is meant by spatial data. Thereafter, the paper reflects on the protection of maps by copyright in the European Union and the United States, both as pictorial representations and as compilations. In the European Union, a solution to the problem might be found in the protection of databases by the sui generis database right, but the curtailing of this right by the European Court of Justice, may have jeopardized the creation of spatial data itself. In the U.S., there is no such thing as a database right, even though the idea has been on the legislator’s table more than once, but case law may provide data producers some protection. For instance, Feist Publications v. Rural Telephone Service Co. stated that spatial databases may be protected by copyright if they show a minimum level of creativity. The paper, thereafter, examines the consequences for copyright protection of the transfer from analogue to digital maps and spatial databases. Finally the paper addresses the sui generis database right, which is the European solution for protection of spatial databases that do not meet the criteria for copyright protection

Increasing the Availability of Spatial Data held by Public Sector Bodies: Some Experiences and Guidelines from the OneGeology-Europe Project

This paper provides an overview of the OneGeology-Europe project’s work on the harmonisation of access and licensing policies of the national Geological Surveys in the European Union. After presenting the European legal framework for the availability of public sector spatial data, it sets out some of the main challenges for harmonising data policies and the activities that were undertaken in the OneGeology-Europe project to address these challenges. These activities include the creation of a Code of Practice and model licences

Rights of Access to Public Sector Information

The reliance on national access norms is an important feature of the EU’s re-use framework. It impacts the kinds of policy choices that can be expected to be effective in stimulating commercial and non-commercial re-use of public sector information by private actors (businesses, civil society organizations, individual citizens, etc.). In this paper we assess in more detail the relationship between the PSI Directive and (statutory) rights of access and duties to disclose information under national laws and European law (the latter especially in the area of environmental law).The conclusion is that despite the fact that access to information is increasingly recognized internationally as a fundamental right the nuts and bolts of it will remain squarely a national affair for the foreseeable future, with the exception of access to environmental information. This makes it especially important that EU reuse policies and instruments enable public sector bodies in Member States to work within their existing access infrastructure, in terms of local divisions of competences, procedures and control over pro-active dissemination of information. If the requirements imposed under EU re-use law do not align with local freedom of information laws, it may produce a negative effect on transparency. Not only that, it may also adversely affect conditions for fostering (commercial) re-use.At the same time, it is worth keeping in mind that documents that are public under freedom of information laws are not necessarily of interest to re-users, especially since the request procedures under such laws are not geared to the supply of (dynamic) datasets.The relationship between access regimes and re-use rules is still poorly understood on many levels, notably the type of rights/obligations on access that exist which are especially relevant to re-use, and whether these are accompanied by procedures that meet the specific needs of re-users. Having a better understanding of this will allow identification of the most promising areas for re-use and help prioritize EU action at the interface of access and re-use

Toward Implementation of the Global Earth Observation System of Systems Data Sharing Principles

This White Paper reviews the background issues for implementing the GEOSS Data Sharing Principles and recommends Implementation Guidelines to ensure the strongest possible framework for data sharing, consistent with both the spirit and the “letter” of the Principles. As recognized by the 10-Year Implementation Plan, “ensuring that such information is available to those who need it is a function of governments and institutions at all levels.” It is therefore incumbent on governments and institutions participating in GEOSS to continue to develop and implement appropriate policies and procedures that enable and support the GEOSS Data Sharing Principles in fair and effective ways. The implementation approaches discussed here are intended to facilitate this process

A multidisciplinary research framework for analysing the spatial enablement of public sector processes

Although Spatial Data Infrastructure (SDI) is a complex concept with many facets, it is widely recognised that SDIs are about facilitating and coordinating spatial information flows. This paper argues that the analysis of spatial information flows should not be separated from the processes in which they are embedded. The paper presents the development of a multidisciplinary research framework to study the spatial enablement of public sector processes, and the application of this research framework in a case study on zoning planning in Flanders (Belgium). The paper demonstrates the applicability of the proposed research framework for enhancing our understanding of factors that may influence the role of spatial information in public sector processes. The identification of these decisive factors may contribute to the further advancement of SDI as an enabling platform

Streamlining climate change and air pollution reporting: Final Report

The environmental policies currently being negotiated are likely to require Member State (MS) to control and report their emission of greenhouse gases (GHG) and air pollutants (AP) more precisely. While there are likely to be associated costs, it is also likely that the cost of timely and targeted action will be less than the longer term cost of inaction. A number of European Union (EU) legal instruments are used to regulate emissions - several of these are under review. The review not only needs to anticipate future policy needs but also assess the alignment of the various instruments and whether the burden on users can be further minimized

Spatial data infrastructures in Malta : state of play 2006

Based on limited information, we have found that in Malta, production, management and dissemination of (rather large scale) spatial reference and core thematic data is almost the exclusive responsibility of the Malta Environmental and Planning Authority (MEPA) in general and the subordinate National Mapping Agency (NMA) in particular. Other organizations which are producing spatial information and conducting spatial information system projects include the Land Registry, the National Statistics Office and the Local councils. The private sector seems to play an increasing role in data production, besides systems development and consultancies. Utilities are also increasingly looking at GIS as a means to develop and manage their business.peer-reviewe

Spatial data infrastructures in Malta : state of play 2010

This report aims at summarizing the state of play of SDI in Malta, and at reflecting the degree to which the SDI situation in Malta is similar to the ideas set out in the INSPIRE position papers and the more recent INSPIRE scoping documents. Since documents, project references could hardly be found, the report is based mainly on the study of the few web sites readily accessible in English (some sites with technical specifications or illustrations also in Maltese). The report has been completed by integration and consolidation of comments received early 2003 from representatives of the National Statistics Office and the Malta Environment and Planning Authority (MEPA). Early 2004, more comments were received and taken into account, coming from Malta Environment and Planning Authority and from a private GI-company (Datatrak IT services). The comments were provided in written form (e-mail). The update of 2005 was based on input from Ms. Carol Valentino from MEPA. The update for 2006 was based on various sources, focusing on the legal and organisational elements of the SDI. For the update of 2007, no information regarding data sharing, data sets or services was received. Some information on licence fees could be found through other channels. For the 2009 update, no information regarding the survey questionnaire was received and the main source of information was extracted from the 2009 ICT components for a Shared Environmental Information System State of Play report. In this version obsolete information was removed, while a conclusion paragraph regarding the status of each indicator was added for each component.peer-reviewe