creative commons copytalk webinar october 2, 2014

Open licensing and the public domain: Tools and policies to

support libraries, scholars, and the public

Timothy Vollmer | CopyTalk webinar | October 2, 2014

What should we talk about? •  What’s Creative Commons and why is it

useful?

•  What are CC licenses and how do they work?

•  What are CC public domain tools and how do they work?

•  Who uses CC?

•  How is CC relevant for libraries?

•  Public policy around open licenses

Nonprofit organizationFree copyright licenses Founded in 2001 Operate worldwide

Creative Commons develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.

Flickr user: pugno_muliebriter, CC BY-NC 2.0

The problem: traditional copyright does not work well for sharing and free online collaboration.

•  It’s in the Constitution!

•  “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

•  attaches when an “original work of authorship is fixed in a tangible medium of expression”

•  applies to published/unpublished works; you get it automatically (no registration or marking required)

•  in U.S., lasts for life of author + 70 years

•  “bundle of rights” = reproduce, make derivative works, distribute, public performance

Features of copyright today

• You have to ask permission

• Copyright infringement can be expensive (in U.S. $750-$150,000/work infringed)

•  Safety valves on exclusive rights of authors = exceptions and limitations to copyright

•  Fair use

•  Federal government works not protected

•  Libraries, classroom teaching exception


•  Public domain = not protected by copyright

• Copyright = “all rights reserved”; Public domain = “no rights reserved”

• Don’t have to ask permission!

•  in U.S., stuff that was published before 1923

•  Facts not protected

•  copyrighted works rise into the public domain after copyright term expires or when author puts it there beforehand


FAST FWD

With the web,It’s so damn easy to share

But how to ask permission?

How to support those that just want to share?

CC’s solution: A simple, standardized, legally robust way to grant copyright permissions to creative works (and data).

“Lowers transaction costs”

CC’s legal infrastructure: (1) Copyright Licenses (2)Public Domain Tools

(1) CC Copyright Licenses

CC licenses build on traditional copyright • CC works within the existing system by allowing

movement from “All Rights Reserved” to “Some Rights Reserved”

• CC improves copyright by giving creators a choice about which freedoms to grant and which rights to keep

• CC minimizes transaction costs by granting the public certain permissions beforehand.

All CC licenses are combinations of 4 elements:

Attribution"

ShareAlike"

NonCommercial"

NoDerivatives"

License Building Blocks

Public Domain Dedication

Licenses

http://creativecommons.org/choose/

Creative Commons License Chooser:

Anatomy of a CC License:

Important License Attributes • All are non-exclusive, irrevocable public licenses

• All require attribution

• All permit reuse for at least noncommercial purposes in unmodified form

• Do not contract away any user rights (exceptions/limitations like fair use)

•  CC licensor enters into a separate license agreement with each user

Important License Attributes •  License runs with the work, recipient may not

apply technological measures or conditions that limit another recipients rights under the license, e.g. no DRM

• No warranties

•  License terminates immediately upon breach

• CC is not a party to the license

(2) Public Domain Tools

CC0 Public Domain Dedication(read “CC Zero”)

Universal waiver, permanently surrenders copyright and related rights, placing the work as nearly as possible into the public domain worldwide

CC Public Domain Mark

Not legally operative, but a label to be used by those with knowledge of a work already in the public domain

Only intended for use with works in the worldwide public domain

75 jurisdictions

500M – 1B works

Version 4.0

Sui Generis Database Rights •  now licensed alongside copyright; doesn’t apply where they

don’t exist Common-sense attribution •  URI shortcut possible 30-day window to correct license violations •  rights reinstated if fixed within 30 days of discovery More global/better readability •  end porting now! Operation of Share-Alike •  downstream adaptations can come under later version of SA

license Clarity about ND •  extract and reuse under ND licenses, but no sharing

Who uses Creative Commons?

Wikipedia: Over 77,000 contributors working on over 22 million articles in 285 languages; 23 million files on Commons

Open Educational Resources

What about libraries?

1) CC0 for library metadata 2) Tag resources with rights info 3) Open license for library owned content 4) Open policy for university research 5) Copyright education/advocacy

Europeana: 30M metadata items under CC0, 5 million digital object with PDM and 2.8 million digital objects under one of the CC licenses

Filter by usage rights Free Access - Rig... (3042) Restricted Access... (866) CC BY-NC-SA (308) Public Domain marked (188) Unknown copyright... (144) Paid Access - Rig... (83) CC BY-NC (115) CC BY (58) CC BY-NC-ND (40) CC BY-SA (15) CC0 (1)

An aside of increasing importance:

Text and data mining

“The computer-based process of deriving or organizing information from text or data. It works by copying large quantities of material, extracting the data, and recombining it to identify patterns, trends and hypotheses or by providing the means to organize the information mined.”

Text Mining and Data Analytics in Call for Evidence Responses. UK Government. http://www.ipo.gov.uk/ipreview-doc-t.pdf

“new” technique, new revenue

opportunity for publishers

Carroll: “even content under a [BY-NC license] can be freely mined for commercial purposes because the

license applies only to uses covered by copyright, and

copyright does not regulate text mining—at least in the United

States.”

Public policy

OPEN POLICY: Publicly funded resources are

openly licensed resources

AusGOAL Australian Digital Alliance BCcampus Centrum Cyfrowe Cetis Commonwealth of Learning Connexions Creative Commons Creative Commons United States Curriki EIFL (Electronic Information for Libraries) Foundation for Excellence in Education Free Knowledge Advocacy Group EU Fundación Karisma Harvard Open Access Project (HOAP) iNACOL ISKME Lumen Learning Kennisland National Copyright Unit, Australia New Media Consortium New Media Rights OER Foundation Open Access Button Open Coalition

Open Coalition Open Education Consortium Open Knowledge Foundation Open Textbook Library, University of Minnesota Open University of Tanzania rSmart Reme Melero, Consejo Superior de investigaciones Cientificas (CSIC) Spanish National Research Council Renata Aquino Saylor Academy SPARC Textbook Equity UNESCO Knowledge Societies Division U.S. Student PIRGs Wide World Ed Wiki Strategies

Questions?

Thank you very much! [email protected]