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Susskind, Richard --- "The Public Domain and Public Sector Information" [2007] ELECD 159; in Waelde, Charlotte; MacQueen, Hector (eds), "Intellectual Property" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property

Editor(s): Waelde, Charlotte; MacQueen, Hector

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428747

Section: Chapter 11

Section Title: The Public Domain and Public Sector Information

Author(s): Susskind, Richard

Number of pages: 16

Extract:

11. The public domain and public sector
information
Richard Susskind OBE

1 INTRODUCTION
This chapter concerns public sector information (PSI). Broadly speaking, PSI
is information that is created within or on behalf of public sector bodies. In the
Internet age, PSI is a form of intellectual property that is rapidly increasing in
significance ­ economically, socially and legally. This chapter seeks to place
PSI in its broader context of UK information policy; to explain the overlap be-
tween the PSI and the freedom of information regimes; to clarify the scope,
sources and value of PSI; to chart the evolution of government policy, legislation
and regulation in relation to PSI; to offer a critique of the current position (as
at February 2006); and to illustrate some of the central themes through a brief
case study relating to statutory material.


2 BACKGROUND
Governments have always been in the business of managing information ­ as
creators, controllers, distributors, and more. As a holder of information, until a
decade ago, the state had two main roles in relation to information. First, there
was the responsibility to ensure that information on matters of national security
was held securely and beyond the reach of potential miscreants. Second, there
was the job of ensuring that full records of public affairs were maintained, ar-
chived and made accessible to authorised persons. At the same time, much
public information enjoyed a form of intellectual property protection known as
Crown copyright, which meant that the reproduction of public information
generally required permission ...


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