COPYRIGHT IN THE CIVIL SERVICE: BETWEEN PROTECTING CREATIVITY AND THE PUBLIC INTEREST

In an increasingly digital world, transparency and copyright are beginning to tread on the same ground. In the civil service, this raises a simple but difficult question: how much of what a civil servant creates should be protected and how much should be accessible to all? It's a fine balancing act between respecting a man's work and respecting the public's right to know. Persons appointed to public office may, in the performance of their duties, participate in the preparation of publications, prepare and publish specialized articles and literary or scientific works and create various works such as reports, studies, presentations, software or other materials. They can create valuable original works. These works may be protected (irrespective of their value and purpose) by copyright, which gives authors certain exclusive rights, such as the right to reproduce, distribute or modify the work. On the other hand, transparency and access to information are fundamental principles of a democratic society. Citizens have the right to be informed about the work of public authorities and to have access to documents and information which are of public interest. In certain situations, copyright may conflict with the principles of transparency and access to information. For example, a work created by a civil servant might contain information of public interest, but copyright might restrict access to that information. Also, sometimes the material or financial benefits resulting from the exploitation of copyright may conflict with the official duties of the persons appointed in public office, in which context we find ourselves in a conflict of interest. In this context, a balance needs to be struck between copyright protection and the promotion of transparency, access to information and impartiality in the performance of the tasks of the service, so as to ensure both the protection of the interests of authors and the public interest in being informed and the public interest.