creative commons public domain legal tools and infrastructure
If you can't read please download the document
TRANSCRIPT
Non Commercial Study Update
Creative Commons
PD Legal Tools and Infrastructure
3rd COMMUNIA WorkshopMarking the Public Domain: Relinquishment and CertificationAmsterdam 20 Oct 2008
Diane Peters, General CounselMike Linksvayer, Vice President
Presentation dedicated to the Public Domain.
Overview
Why Does the Public Domain Matter [to CC]? [ML]
The Problems of Accessibility and Supply [DP]
What CC is doing to help
PDD&C [DP]
Science Commons Open Access Protocol [DP]
CC0 [DP]
PD Assertion [DP & ML]
Registry [ML]
Workshops
Why does the Public Domain matter?
Why does the Public Domain matter?
Because with the addition of digital and other key words, funders become interested?
Why does the Public Domain matter?
Because Why does the Public Domain matter sounds like the topic for an essay contest?
Why does the Public Domain matter?
Because communication requires the Public Domain like life needs oxygen?
How much does the Public Domain matter?
Probably a severely under-studied question (or I could be severely ignorant)
Why does Creative Commons care about the Public Domain?
History
CC has its origins in an attempt to defend the public domain.
Why does Creative Commons care about the Public Domain?
Fit
Legal and technical expertise and tools developed to facilitate some rights reserved also apply to no rights reserved (and to almost no rights reserved)
Why does Creative Commons care about the Public Domain?
Economics
CC licenses facilitate more use by lowering transaction costs. Not low enough for some uses.
Why does Creative Commons care about the Public Domain?
Demand
Artists, educators, scientists and many others have requirements and use cases for an easily accessible and vibrant public domain.
Why does Creative Commons care about the Public Domain?
Funding
Its a GOOD thing that some funders understand the importance of the public domain.
The Challenges:Accessibility and Supply
Accessibility
Accessibility
Hard to locate
Legal rules differ among jurisdictions
No uniform markings or labels
Supply
Supply
Few processes for dedication
Supply
Few processes for dedication
Laws continue to expand duration
Some Solutions:
Accessing and Enhancing the PD
Public Domain Dedication
Science Commons Open Access Data Protocol
CC0
Public Domain Assertion
Registry
Dual Purpose Tool
Certification a work is in PD(+ Certifier dedicates all her interest)
Or
Dedication of all interest
Limitations
US Centric
Porting required
Combines general assertion and legal conclusion
Open Access Data Protocol
Motivation:
Massive amounts of scientific data, itself not protected
Need for that data to be accessible across disciplines
Recognition that legal tools (licenses or other) for sharing and gaining access need to work together
Open Access Data Protocol
Motivation:
Massive amounts of scientific data, itself not protected
Need for that data to be accessible across disciplines
Recognition that legal tools (licenses or other) for sharing and gaining access need to work together
What it is:
Statement of requirements that legal tools must meet in order to access Science Commons Open Access Data mark
Open Access Data Protocol
To be compliant, must meet design goals:
[1]Promote legal certainty and predictability
[2]Easy to use and understand
[3]Lowest possible transaction cost on users
Open Access Data Protocol
Implementations:
[a]Must waive all rights necessary for extracting data and reuse
[b]Must waive other statutory rights over data (eg., sui generis database rights)
[c]Not impose contractual controls (using contract to restrict extraction and use of data)
Status of Open Access Data Protocol
Submission and review process under development
Implementations:
Open Data Commons Public Domain Dedication and License
CC0 (when finalized)
More Info: http://sciencecommons.org/projects/publishing/open-access-data-protocol/
CC0
Legal tool enabling authors and owners
For more than just data: all works
no right reserved
Design objectives
CC0
Two tiers of operation
Waiver of all copyright and related rights
Public license fallback
Status
PD Assertion
Division of Labor
Experts about particular works arent experts in the particulars of copyright law.
Certainly not in the particulars of copyright law of 100+ jurisdictions.
The hypothetical expert in the copyright law of 100+ jurisdictions isnt expert in anything else.
PD Assertion
Division of Labor
Ideal: complete decoupling
Practical: curators have to give some signal
PD Assertion
Metadata
Building on ccREL
Signal galore (results not typical)
PD Assertion
Reputation Networks
CC Network
Copyright Registries (and similar)
Facilitate metadataJoin point for work and copyright expertiseFacilitate provenance and reputationFacilitate discovery
Copyright Registries (and similar)
Registry as side effectCultural heritage institutionsRegistry startups...The web
Workshops
CC0 Workshop
Objectives and background
Share results of jurisdictional survey
Interactive discussion: overview of CC0
Next steps
Certifying PD Works[hop]
Approaches
Challenges
Business models (premature?)
Collaboration
Diane [email protected]
Mike [email protected]