Open Government Data Licences in the Greater China Region

Open government data (OGD) may contribute to the achievement of a wide range of social, economic and political goals. Nevertheless, it also involves a variety of legal issues. The choice (or design) of a licence, or the terms of use for OGD is not only a legal issue but also a policy issue. Based on an analysis of the legal environment for OGD in the Greater China region, namely mainland China, Hong Kong and Taiwan, this study argues that a government’s decisions regarding open data licences reveal the priorities of its policy goals, which may be associated with transparency, accountability, collaboration, economic growth or political control. If the primary policy goal is to promote innovation and economic development, the terms or licences of OGD should be the least restrictive. Through a study of OGD licences in the Greater China region, this chapter not only illustrates different phases of OGD development but also analyses potential and unsettled copyright issues therein, such as moral rights and the legality of licences associated with uncopyrightable materials. The dynamic OGD experiences from three main jurisdictions in the Greater China region are, therefore, valuable for others that aim to implement OGD policies for various policy goals