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Palestra 10-2020

The legislator adopts different regulations regarding the right of access to public information and the right to re-use public sector information for materials that are protected by copyright

Copyright does not constitute a basis for limiting access to public information. By contrast, the right to re-use public sector information has been partially restricted due to copyright. The application of various solutions in this scope is not accidental and results from different axiological foundations of the right to access public information and the right to re-use public sector information. Issues regarding copyrights in the context of public information are of great importance for the education of law as well as the practice of applying the existing regulations. The issue of copyright occurs in the consideration of the problem of access to public information and the re-use of public sector information. The question that should be asked is whether it is possible to ensure full access to public information and the re-use of public sector information without prejudice to copyright to materials that constitute public information or public sector information. The problem of copyright in the field of access to public information and re-use of public sector information has been treated in various ways. In the case of the right to access to public information, copyrights do not constitute grounds for restricting access to public information, although materials that constitute public information are protected by copyright. On the other hand, the right to re-use of public sector information has been partially restricted due to the copyrights of materials that constitute public sector information. The application of various solutions in this field is not accidental and results from different axiological foundations of the right to access to public information and the right to re-use public sector information.

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