Drept & Internet - noutati si opinii

Ca o actualizare la mai vechea insemnare Batalia pentru domeniul public imi face placere sa va anunt ca am descoperit un document international la care si Romania a participat si care sustine importanta si promovarea domeniul public in spatiul virtual.

Este vorba de Recomandarea UNESCO privind promovarea si utilizarea mai multor limbi si accesul universal in cyberspatiu adoptata la 21-11-2003 de Conferinta Generala UNESCO.
Recomandarea are un intreg capitol dedicat dezvoltarii continutului din domeniul public ( de notat ca termenul include atit operele din domeniul public , cit si informatiilesi datele publice emise de autoritati) :

DEVELOPMENT OF PUBLIC DOMAIN CONTENT

15. Member States should recognize and enact the right of universal online access to public and government-held records including information relevant for citizens in a modern democratic society, giving due account to confidentiality, privacy and national security concerns, as well as to intellectual property rights to the extent that they apply to the use of such information. International organizations should recognize and promulgate the right for each State to have access to essential data relating to its social or economic situation.

16. Member States and international organizations should identify and promote repositories of information and knowledge in the public domain and make them accessible by all, thus shaping learning environments conducive to creativity and audience development. To this end, adequate funding should be provided for the preservation and digitization of public domain information.

17. Member States and international organizations should encourage cooperative arrangements which respect both public and private interests in order to ensure universal access to information in the public domain without geographical, economic, social or cultural discrimination.

18. Member States and international organizations should encourage open access solutions including the formulation of technical and methodological standards for information exchange, portability and interoperability, as well as online accessibility of public domain information on global information networks.

19. Member States and international organizations should promote and facilitate ICT literacy, including popularizing and building trust in ICT implementation and use. The development of “human capital” for the information society, including an open, integrated and intercultural education combined with skills training in ICT, is of crucial importance. ICT training should not be limited to technical competence but should also include awareness of ethical principles and values.

20. Inter-agency cooperation within the United Nations system should be reinforced with a view to building up a universally accessible body of knowledge, particularly for the benefit of developing countries and disadvantaged communities, from the massive amount of information produced through development projects and programmes.

21. UNESCO, in close cooperation with other intergovernmental organizations concerned, should undertake the compilation of an international inventory of legislation, regulations and policies on the generation and online dissemination of public domain information.

22. Definition and adoption of best practices and voluntary, self-regulatory, professional and ethical guidelines should be encouraged among information producers, users and service providers with due respect to freedom of expression.
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# Public domain information is publicly accessible information, the use of which does not infringe any legal right, or any obligation of confidentiality. It thus refers on the one hand to the realm of all works or objects of related rights, which can be exploited by everybody without any authorization, for instance because protection is not granted under national or international law, or because of the expiration of the term of protection. It refers on the other hand to public data and official information produced and voluntarily made available by governments or international organizations;