Dreptul de autor în funcția publică: între protejarea creației și interesul public
Copyright in public office: between protecting creativity and the public interest

Summary/Abstract: In an increasingly digital world, transparency and copyright law often overlap. In public service, this raises a simple yet complex question: how much of what a civil servant creates should be protected, and how much should be accessible to everyone? It is a delicate balance between respecting individual work and respecting the public’s right to know. Public officials, in the exercise of their duties, may contribute to the drafting of publications, write and publish specialized articles or scientific and literary works, and create various works such as reports, studies, presentations, software, or other materials. They may create valuable original works. These works can be protected (regardless of their value or purpose) by copyright law, which grants 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 activities of public authorities and to have access to documents and information that are of public interest. In certain situations, copyright law may come into conflict with the principles of transparency and access to information. For instance, a work created by a public official may contain information of public interest, but copyright protection could restrict access to that information. Moreover, in some cases, the financial or material benefits resulting from the exploitation of copyright may conflict with the official duties of public officials, which may lead to a conflict of interest. In this context, a balance must be found between the protection of copyright and the promotion of transparency, access to information, and impartiality in the performance of official duties, so as to ensure both the protection of the author’s interests and the public’s right to be informed, as well as the general public interest.

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