Commercializing Public Sector Information

This article addresses the question of commercialization of public sector information, exploring freedom of information acts in the U.S. and the EU, where a public sector information directive has been recently adopted and implemented. The
article argues that a right to commercialize should be distinguished from the right to
know under the freedom of information acts, and that the freedom to commercialize
can and should be subject to restrictions. It also considers existing licensing regimes
of public sector information and argues that public sector information should be
licensed by governments under certain terms where it is licensed for commercial
purposes and takes into account the public interest in creating these informational
works in the first place. The introduction of such restraints is justified and equitable given the public investment in creating these important informational goods.
Possible challenges to this licensing model are also introduced and addressed.