puneet kishor - the new creative commons 4.0 licence – what’s new and why it’s important
DESCRIPTION
Presentation given by Puneet Kishor (Manager of Science and Data Policy, Creative Commons) on Creative Commons 4.0 and its application to cultural data.TRANSCRIPT
An international non-profit that enables sharing and use of creativity and
knowledge through free legal tools. Develops, supports, and stewards legal
and technical infrastructure that maximizes digital creativity, sharing, and
innovation.Founded in 2001.
Headquartered in the Bay Area.
Creative Commons
Helps you share your knowledge and creativity with the world.
Our vision is nothing less than realizing the full potential of the Internet — universal access to research and education, full participation in culture — to drive a new era of development, growth, and productivity.
Vision
International Affiliates
Copyright vs. CC vs. PD
C CCHave to choose
“Some rights reserved”
Lasts a really long time
Assigned automatically
“All rights reserved”
Lasts a really long time
Have to choose/expiry/statutory
“No rights reserved”
Lasts forever
0 c
A Spectrum of Freedom
closed open
©all rights reserved public domainno derivatives non-commercial share alike give attribution
Building Blocks of Licenses
BY – attribution required
SA – share alike
NC – non-commercial
ND – no derivatives
Standard permissions
Make copies Distribute, display, perform Change format Incorporate in collection
Permissions and Conditions
Permissions
Make copies
Distribute, display, perform
Change format
Incorporate in collection
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Conditions
Give credit
No implied endorsement
Retain copyright notice
Provide link to license
Identify if changes made
Don’t add DRM
CC Licenses
Attribution Let others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.
Attribution-ShareAlike Let others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use.
Attribution-NoDerivs Allow for redistribution, commercial and non-commercial, as long as the work is passed along unchanged and in whole, with credit to you.
Attribution-NonCommercial Let others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
Attribution-NonCommercial-ShareAlike Let others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.
Attribution-NonCommercial-NoDerivs Only allow others to download your work and share it with others as long as they credit you, but they can’t change it in any way or use it commercially.
CC Public Domain Tools
CC0 CC0 (CC Zero) enables scientists, educators, artists and other creators and owners of copyright- or database-protected content to waive those interests in their works and thereby place them as completely as possible in the public domain, so that others may freely build upon, enhance and reuse the works for any purposes without restriction under copyright or database law. CC0 empowers yet another choice altogether – the choice to opt out of copyright and database protection, and the exclusive rights automatically granted to creators – the “no rights reserved” alternative to our licenses.
Public Domain Mark Our Public Domain Mark enables works that are no longer restricted by copyright to be marked as such in a standard and simple way, making them easily discoverable and available to others. Many cultural heritage institutions including museums, libraries and other curators are knowledgeable about the copyright status of paintings, books and manuscripts, photographs and other works in their collections, many of which are old and no longer under copyright. The Public Domain Mark operates as a tag or a label, allowing institutions like those as well as others with such knowledge to communicate that a work is no longer restricted by copyright and can be freely used by others.
Three Layers of Licenses
A “machine readable” version of the license in CC Rights Expression Language (CC REL) is embedded in the web page.
Each license is a traditional legal tool, in the language that lawyers understand. This is the Legal Code layer of each license.
The Commons Deed is a “human readable” version of the license, summarizing the most important terms and conditions.
TextText
version 1.0 in 2002
version 2.0 in 2004
version 2.5 in 2005
version 3.0 in 2007
version 4.0 released in 20134.0
Versions
Growth in CC Licensing
500 Million
400 Million
300 Million
200 Million
100 Million
2003
2004
2005
2006
2007
2008
2009
2010
2003 – 2010
20% first year, nearly 40% by 2010CC BY, BY-SA, Public Domain
Total CC Licensed Works
TOTAL CC LICENSED WORKSAS OF 2010
400MM+USING A FULLY OPEN
CC LICENSEAS OF 2010
40%
Choose
Individuals Platforms
see http://creativecommons.org/choose/ see http://wiki.creativecommons.org/Publish/
Applysee http://creativecommons.org/choose/
<a rel="license" href="http://creativecommons.org/licenses/by/3.0/
deed.en_US"> <img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by/
3.0/88x31.png" /></a> <br /> This work is licensed under a <a rel="license" href="http://creativecommons.org/licenses/
by/3.0/deed.en_US"> Creative Commons Attribution 3.0 Unported
License</a>.
Music
Journalism/Broadcast
Publishing
Publishing
Unglue.it raises author-set fee through crowdfunding. When campaigns succeed, authors and publishers get paid, and they issue a free electronic edition under a Creative Commons license.
Pratham Books believes that every child has the right to enjoy good books. They publish all their books under CC BY or CC BY-SA licenses.
The CK-12 Foundation is striving to reduce the cost of, and increase access to, K-12 education in the United States and worldwide. All books are published under CC licenses.
PeerJ is an Open Access publisher of scholarly articles published under the CC BY license.
Wikipedia, “the free encyclopedia that anyone can edit” publishes its entire content under a CC BY-SA license.
BMC is an Open Access publisher of scholarly articles utilizing CC BY license for all its articles.
PLOS is an Open Access publisher of scholarly articles utilizing CC BY license for all its articles.
Museums and Archives
Europeana, the digital library of Europe, publishes more than 20 million records of its metadata under a CC0 Public Domain Dedication
Harvard Libraries publish all their metadata under a CC0 Public Domain Dedication
figshare, a data archive supported by Digital Science accepts data under CC0 Public Domain Dedication, and articles under CC BY license, and provides various value added services in return
CERN, the European Organization for Nuclear Research, released its book catalog into the public domain using the CC0 public domain dedication.
Powerhouse Museum, Sydney, Australia, publishes its “Photo of the Day” under a CC BY-NC license
Dryad provides data archival services for research data released under a CC0 Public Domain Dedication
Using CC0, WisconsinView, a consortium that makes aerial photography and satellite imagery of Wisconsin available to the public has surrendered all copyrights in its 6+ Terabytes of imagery data.
CC 4.0 Goals
International
Interoperable
Long-lived
Appropriate for data, PSI, science, education and related communities
Meeting the needs of important adopters, including IGOs and governments
See http://creativecommons.org/weblog/entry/29639
4.0 Goals
No Endorsement
No endorsement is provided or implied.
This means you as a user of CC-licensed works cannot suggest or assert that the licensor is endorsing your use or your work
Attribution flexibility is increased.
This means you must accurately attribute all licensors, but you may do this via a credits page and with hyperlinks.
Easy Attribution
“Makers” of databases can use CC licenses to license sui generis database rights (SGDR).
This means that if you see a CC license on a database, you know how you may use the database without worrying about what jurisdiction you are using the database in or where the database was created.
caution: copyright may still apply to creative databases and works they include, but be wary of over-complying where SGDRs do not apply to your use.
Database Rights
“You are responsible for complying with other laws, if any, that may apply to Your use of the Licensed Material. If a law or other condition prevents You from complying with this Public License when You use the Licensed Material, You are not excused from compliance. This may mean that You cannot use the Licensed Material under this Public License as You intend.”
Clarity Around 3rd Party Rights
Some violations unintentional
In GPL, if you violate the license but later fix it, you get your rights back under the license
Past CC license versions don't allow for this
4.0 working language:
“Licensor notifies You through reasonable means of the violation, it is the first time You have received a notice from Licensor, and You thereafter cure the violation within 30 days of the notice…”
Cure Breach Reinstatement
Licensors can now add warranties to their licensed works.
This allows you to increase the value of your database by guaranteeing your processes, sources or work in compiling the database.
Add Value
Just like with warranties, licensors can now add other disclaimers to their licensed works.
The disclaimers must be retained with the work.
Customizable Disclaimers
You can only license the rights you have
Your Rights Your License
If you don't apply a license, you license nothing
No License No Rights
A license is not a contract
A license is not a magic shield
A license is a signal to the good folks, a guide to the unsure, and meaningless to the baddies
An open license probably does what you want A less open license probably does not do what you think
Lean Toward Open
If you use several differently licensed works in your own work, mark them all clearly
Marking
Marking
Great Galactic Singularity by Buckingham Q. Badger
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75
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April May June July
frang lorb beist
foo 45 5.6 -3
bar 67 2.3 -2
baz 32 6.0 -1.45
qux 44 2.0 -3.2
Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem. Ut enim ad minima veniam, quis nostrum exercitationem ullam corporis suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur? Quis autem vel eum iure reprehenderit qui in ea voluptate velit esse quam nihil molestiae consequatur, vel illum qui dolorem eum fugiat quo voluptas nulla pariatur?
CC BY
CC0
CC BY-SA
ARR
CC BY-ND
Great Galactic Singularity by Buckingham Q. Badger is licensed under a Creative Commons Attribution 4.0 International License. Permissions beyond the scope of this license may be available at http://punkish.org.
Combining Licenses
Licenses for adaptations
Compatibility chartTerms that may be used for a derivative work or adaptation
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
Status of original work
PD
BY
BY-NC
BY-NC-ND
BY-NC-SA
BY-ND
BY-SA
Share
This presentation is dedicated to the public domain under a CC0 public domain dedication.
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!Puneet Kishor Manager, Science and Data Policy [email protected]