The interface of rights to access public sector information and copyright: Opinion of the European Copyright Society

There exists significant tension between rights to access public sector information and the current copyright acquis. The right to information is fundamental for transparency, democratic accountability, and citizen participation. It is enshrined in international and national fundamental rights law, including the EU Charter of Fundamental Rights. However, Member States apply divergent rules regarding the copyright status of official documents such as legislation, judicial decisions, and administrative acts. This is in keeping with the freedom that the Berne Convention allows under articles 2(4) and 11bis BC.