Somebody raised the issue of copyright on OSM as well.
Not sure about the fact thing, I would think not but it is not clearly stated in the law. There is however something called database protection in Europe which has been recently fully adopted in Kosovo through the amendment of copyright law.
I found something more interesting.
By virtue of Article 12.3 of copyright law most government work is not protected.
Article 12
Creation without the protection
- Legal protection of the copyright shall not include:
1.1. ideas, principles, instructions, procedures, discoveries or mathematical
concept as such;
1.2. laws, sub legal acts, and other regulations;
1.3. official materials and publication of parliamentary bodies, government and
other organizations which carry out public functions;
1.4. official translations of regulations and other official materials as well as of
international agreements and of other instruments;
1.5. submissions and other acts in administrative and judicial proceedings;
1.6. official materials published for public information;
1.7. folkloric expressions;
1.8. headlines and different information of media of ordinary reporting nature.
http://www.assembly-kosova.org/common/docs/ligjet/Law%20on%20copyright%20and%20related%20rights.pdf
Article 30.6 and 30.7 of Law on cadastre shows that the fees are meant to compensate for cost of services rendered, not allow them to claim exclusive copyright rights with the aim of extracting money.
CHAPTER VIII
CADASTRE FINANCING
Article 30
- The Cadastre is of public interest. Cadastre shall have a budget of its own, which shall
be allocated to the Ministry and be approved by the Assembly of Republic of Kosovo.
- CEO prepares the KCA’s budget, to be forwarded to the Minister for reviewing and for
further proceeding in compliance with procedures provided by the Law.
- Cadastre shall be responsible for implementing and managing the budget.
- Costs for establishment and reconstruction of the Cadastre shall be covered by the
budget of Republic of Kosovo as well as by revenues, in compliance with the applicable
Law on Finance Management and Responsibilities.
- Cadastre data extraction costs shall generally be borne by the owner who is applying
for.
**6. KCA shall propose to the Ministry the fees that will be required by MCO for cadastral services which is reasonable and can not exceed real reproduction and document supply costs. This fee should be unique to all public institutions.
7. The level of fees should reflect costs of rendering cadastral services.**8. All revenues generated by KCA shall go to the Republic of Kosovo budget.
In Article 6 of MMPH Administrative Instruction no. 11 on fees for products and services of Kosovo Cadastral Agency however, stemming from paragraphs 6 and 7 above, full copyright is claimed and distribution is prohibited.
http://mmph-rks.org/repository/docs/ministri-ua-3754-17_939026.pdf
To me this Administrative Instruction is illegal and should be challenged in court. How we would do it I don’t know.
Arianit