4.0

CC BY 4.0 required on U.S. Department of Labor $150M grant

Cable Green, March 28th, 2014

US Department of Labor Logo

Creative Commons actively works to support foundations, governments, IGOs and other funders who create, adopt and implement open policies. We believe publicly funded resources should be openly licensed resources.

To support these and other emerging open policy efforts, CC is about to launch, with multiple global open organizations, an Open Policy Network and Institute for Open Leadership.

The U.S. Department of Labor (DOL) has led the way in using open policy requirements in solicitations for grant requirements first with its Career Pathways Innovation Fund Grants Program (http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf), then with its Trade Adjustment Assistance and Community College Career Training grant program (doleta.gov/taaccct). Now they are once again requiring the Creative Commons Attribution (CC BY) license on all content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds in their Ready to Work Partnership grant program. Bravo!

The U.S. Department of Labor has announced the availability of approximately $150 million in funds for the H-1B Ready to Work Partnership grant program. DOL expects to fund approximately 20-30 grants with individual grant amounts ranging from $3 million to $10 million. This grant program is designed to provide long-term unemployed workers with individualized counseling, training and supportive and specialized services leading to rapid employment in occupations and industries for which employers use H-1B visas to hire foreign workers. http://www.doleta.gov/grants/pdf/SGA_DFA_PY_13_07.pdf

Here is the open policy text in the grant solicitation:

  • To ensure that the Federal investment of these funds has as broad an impact as possible and to encourage innovation in the development of new learning materials, as a condition of the receipt of a Ready to Work grant, the grantee will be required to license to the public all work (except for computer software source code, discussed below) created with the support of the grant under a Creative Commons Attribution 4.0 (CC BY) license. Work that must be licensed under the CC BY includes both new content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds.
  • This license allows subsequent users to copy, distribute, transmit and adapt the copyrighted Work and requires such users to attribute the Work in the manner specified by the grantee. Notice of the license shall be affixed to the Work. For general information on CC BY, please visit http://creativecommons.org/licenses/by/4.0. Instructions for marking your work with CC BY can be found at http://wiki.creativecommons.org/Marking_your_work_with_a_CC_license.
  • Questions about CC BY as it applies to specific Ready to Work grant applications should be submitted to DOL to the Grants Management Specialist specified in Section VII.
  • Only work that is developed by the grantee with the grant funds is required to be licensed under the CC BY license. Pre-existing copyrighted materials licensed to, or purchased by the grantee from third parties, including modifications of such materials, remain subject to the intellectual property rights the grantee receives under the terms of the particular license or purchase. In addition, works created by the grantee without grant funds do not fall under the CC BY license requirement.
  • The purpose of the CC BY licensing requirement is to ensure that materials developed with funds provided by these grants result in Work that can be freely reused and improved by others. When purchasing or licensing consumable or reusable materials, grantees are expected to respect all applicable Federal laws and regulations, including those pertaining to the copyright and accessibility provisions of the Federal Rehabilitation Act.
  • Further, the Department requires that all computer software source code developed or created with Ready to Work grant funds will be released under an intellectual property license that allows others to use and build upon them. Specifically, the grantee will release all new source code developed or created with grant funds under an open license acceptable to either the Free Software Foundation and/or the Open Source Initiative.
  • Separate from the CC BY license to the public, the Federal Government reserves a paid-up, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for Federal purposes: the copyright in all products developed under the grant, including a purchases ownership under an award (including, but not limited to, curricula, training models, technical assistance products, and any related materials).

Well done U.S. Department of Labor for once again demonstrating how to properly implement an open policy.

The U.S. Department of Labor seal is in the public domain.

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Professor spends sabbatical building “50 Wise Speakers” open videos

Cable Green, March 17th, 2014

I recently interviewed Dr. Phil Venditti, professor of communication studies at Clover Park Technical College in Washington State (USA). Phil teaches public speaking and other oral and written communication courses. In 2010 Phil learned about the Open Course Library project and became an enthusiastic adherent. Phil developed two courses in the Open Course Library, wrote a textbook which he licensed CC BY, and has since saved his students roughly $60,000 by using open educational resources (OER).

The Open Course Library was Phil’s first exposure to OER, but it wasn’t his last. He testified to the State Legislature in favor of a bill which would have mandated that all educational materials created by state postsecondary education employees be openly licensed. As President of FACTC — the Washington Faculty Association of Community and Technical Colleges, Phil has promoted adoption of OER by college faculty members throughout his state. FACTC passed a resolution in 2012 endorsing the ideal of OER on economic, educational, and moral grounds.

Phil recently went on sabbatical and decided to interview 50 prominent speakers to gather tips on effective public speaking for his students — and for the world because all of Phil’s work and videos are openly licensed under CC BY 4.0 license. Nearly 30 hours of his videos can be browsed at Phil’s YouTube channel. Speakers included in the project are 29-time Emmy winner and “Almost Live” alum Bill Stainton, Tacoma News Tribune Executive Editor Karen Peterson, former NFL quarterback Jon Kitna, Tacoma Mayor Marilyn Strickland, and wildlife artist and conservationist Becci Crowe. To complete the project, 40 of Phil’s public speaking students and a team of editors from Clover Park’s Media Design and Production program spent more than 700 hours reviewing and editing the interviews. When it is launched online in May of this year, the project will offer a database of free, CC BY-licensed materials at cptc.edu/fifty-wise on subjects ranging from how to conquer stage fright to how to organize a presentation.

On March 20, the “50 Wise Speakers” project will be presented in a red-carpet gala at Clover Park Technical College.

Phil says OER has changed the way he thinks about teaching and learning.

“I believe that the essence of education should be sharing. Every day I ask myself, ‘How can I help connect more people to more information that might change their lives?’”

Following Phil’s lead, what will you share today?

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Join us: Open Education Week (11-15 March)

Cable Green, March 6th, 2013

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It is time to celebrate and spread the dream that everyone in the world can access a high quality, affordable education if we collectively share our educational resources and spend our public resources wisely!

The second annual Open Education Week will take place March 11-15, 2013 (see schedule). Open Education Week is a five-day celebration of the global Open Education movement, featuring online and local events around the world, video showcases of open education projects, and lots of information. The week is designed to raise awareness of both the movement and its impact on teaching and learning worldwide.

Open Education refers to the growing set of practices that promote the sharing high quality, openly licensed educational resources (OER) and support for learners to access education anywhere, anytime. Open Education incorporates educational networks, open teaching and learning materials, open textbooks, open data, open scholarship, and open-source educational tools.

As part of Open Education Week, Creative Commons and its affiliates are hosting and participating in local events and webinars on OER, Version 4.0 of the CC licenses, the Open Policy Network, School of Open, and more. In addition, the School of Open will officially launch its first set of courses next week, including courses on copyright and Creative Commons for educators. Courses will be free to take and free to reuse and remix under P2PU’s default CC BY-SA licensing policy.

And a special thanks to our friends at the OpenCourseWare Consortium for organizing the 2nd annual Open Education Week.

See you all next week!

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CC China Mainland launches 3.0 licenses

Aurelia J. Schultz, August 30th, 2012

After more than two years of hard work, the CC China Mainland 3.0 licenses are ready for use. Congratulations to Chunyan Wang and the entire CC China Mainland team. Thank you to everyone who helped create these licenses, including the community members who participated in the public discussion.

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China / Dainis Matisons / CC BY

The China Mainland licenses are now available on the CC license chooser. You can learn more about the CC China Mainland team and their work on the CC wiki and at http://creativecommons.net.cn/. The CC China Mainland 3.0 licenses are one of the last 3.0 ports to conclude, with the few other remaining suites expected to be launched prior to publication of the version 4.0 licenses. As announced to affiliates at the CC Global Summit in Warsaw almost a year ago, and reiterated last October and this past February, other than a very few ports then well underway, Creative Commons put the porting process on hold. This has allowed staff and our affiliates to focus more fully on the important work of versioning the license suite. We encourage all affiliates, CC community members and others interested in CC licenses to contribute to the 4.0 discussions currently in progress.

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Ongoing discussions: NonCommercial and NoDerivatives

Timothy Vollmer, August 29th, 2012

A few days ago the Students for Free Culture (SFC) published a provocative blog post called “Stop the inclusion of proprietary licenses in Creative Commons 4.0.” The article urged Creative Commons to deprecate (meaning “retire” or similar), or otherwise change the way Creative Commons offers licenses containing the NonCommercial and NoDerivatives terms, because they “do not actually contribute to a shared commons.”

The SFC blog post raises important questions about the opportunities and challenges presented by the NC and ND licenses. The NC and ND licenses currently make up four of the six licenses in the CC license suite:

These issues have surfaced frequently over the years, in varied forums and by a variety of stakeholders. CC studied the NC issue from 2008 to 2009, investigating how online populations understand noncommercial use in the context of the NC licenses. The previous year, CC acknowledged the differences between the NC and ND licenses on the one hand, and BY and BY-SA on the other, by announcing placement of the free cultural works seal on the BY and BY-SA deeds as part of an “effort to distinguish among the range of Creative Commons licenses”.

At the same time, CC celebrates successful adoption of the NC and ND licenses, in part because those licenses signal a desire to be more open than the alternative of “all rights reserved.” Moreover, those adopters may eventually migrate to more open licenses once exposed to the benefits that accompany sharing. But this duality opens CC to criticism (if not also confusion) about our identity and mission.

CC committed to addressing this issue most recently with the launch of the 4.0 license process following consultation with the CC affiliates at the 2011 Global Summit in Warsaw. We fully intend to engage in a manner that is inclusive of a wide range of voices and interests. In this way, CC will be best positioned to make informed, thoughtful decisions with the input of our community (defined in the broadest sense), our affiliates, and our adopters (both would-be and existing).

While the specific challenges to NC and ND are not tied to the 4.0 versioning process per se, they’ve been raised in the context of the 4.0 NonCommercial dialogue. The decision not to change the definition of NonCommercial itself in 4.0 now gives way to the broader policy discussion of the role that the NC (and ND) licenses serve, and CC’s stewardship of and communications around those licenses.

As license steward, we are accountable to our stakeholders and global community, and must be transparent about decisions and how we act (or not) on the proposals that have been put on the table. These proposals span a wide range and include more clearly differentiating the licenses aligned with the Definition of Free Cultural Works from those that are not, to providing more education to licensors about the consequences of license choice, to disassociating Creative Commons from the NC and ND licenses altogether, among others.

Here’s what you can expect from CC:

  • Please continue to use the CC-Community list (as opposed to the CC license development list) as the venue for discussions about the various options, proposals, and considerations for NC and ND.
  • CC will collect, analyze and synthesize ideas and proposals, identify possible policy changes, and communicate potential implications of each. CC will look to these various proposals with the recognition that any policy change cuts across the entire community and organization, including education, data and science, legal, technical, etc. CC will share this information publicly in an easy to understand fashion that includes the relevant historical and contextual framing.
  • CC will hold stakeholder consultations that include adopters, CC affiliates, funders, and the broader community. These might take the form of email discussions, community phone calls or IRC chats, etc.

Other suggestions for actions are most welcome.

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Version 4.0 – License Draft Ready for Public Comment!

Diane Peters, April 2nd, 2012

The Public, West Bromwich – Welcome to The Public Entrance Free
“The Public, West Bromwich – Welcome to The Public Entrance Free” / ell brown / CC BY

We are pleased to post for public comment the first discussion draft of version 4.0. This draft is the product of an extended (and unprecedented) requirements gathering period involving input from CC affiliates, community and stakeholders. Thanks to all of you who contributed your valuable time and energy in the policy discussions and drafting sessions in support of this draft.

We crafted this first draft (v4.0d1) mindful of the overarching design goals first articulated at the 2011 Global Summit:

  • Producing a 4.0 suite that addresses pressing challenges of important adopters, including those in countries where localized version of CC licenses have not existed, and never may, for any number of reasons;
  • Maximizing interoperability, reducing license proliferation and promoting standardization where possible; and
  • Longevity and ease of use.

We have also been mindful of supporting those for whom version 3.0 is working well. We will continue efforts to ensure those constituents are aware of our support throughout this process and our eagerness to see those implementations thrive.

We’ve documented and discussed all of these at length, and are excited to hear back from our community on how we can still better accomplish these goals. Here are some highlights of the major policy and drafting choices reflected in the draft, as well issues on which we would especially value your input. Join the discussion!

Database rights

As anticipated, the license fully licenses database rights on the same terms and conditions as copyright and neighboring rights. We have heard no compelling reason for reversing course on this new policy, and all early feedback suggests this is a welcomed change despite questions about their utility. We have taken care to ensure that the license only applies where permission is needed and the licensor holds those rights.

Other copyright-like rights

Rights beyond copyright and neighboring rights are more complicated, however. We know from our community that other sui generis, copyright-like rights exist and more have been or will be proposed. These include press publisher rights in Germany and catalogue rights in Nordic countries. We remain concerned that these “ancillary rights” (the term coined for use in the draft) could undermine or interfere with expected uses of the licensed work, much as sui generis database rights (and their treatment in 3.0 and its ports) have vexed CC licensors and licensees in Europe for years.

We have taken the approach in this first draft of requiring waiver of those ancillary rights, but only if possible and then only to the extent necessary to allow the work to be used as intended under the license. (These ancillary rights do not include the traditional group of rights long excluded from CC licenses and reserved to licensors, such as trademark, privacy and personality rights, and similar.) We look to our community for input on this important policy choice.

Moral rights

Treatment of moral rights is the other central policy issue addressed in this draft. In 3.0 (unported) and a rough majority of the 3.0 ports, moral rights are generally reserved and unaffected by the license. Yet in other ports, those rights are reserved only where they cannot be waived, suggesting the licensor is waiving those rights where possible, and possibly without limitation. The difference is nuanced but not trivial, and merits consideration.

For purposes of this first draft, we have chosen a middle ground: where waiver is possible, a limited waiver (or non assert) is granted to allow the work to be used as otherwise permitted by the license. For all other purposes (or where a waiver or non assert is not permitted), those rights are fully reserved. This proposal draws heavily from the proposal made for 3.01, and is intended to re-start the discussion for 4.0 where that discussion left off. We look forward to hearing the views of our community on this proposal as well.

Proposals under development

A few policy decisions are still under consideration and will benefit from further public discussion before formal proposals are made. To the extent these decisions involve existing terms in 3.0, we have [bracketed] related provisions in the draft. These include technical protection measures and the definition of NonCommercial. On the former, discussion during the requirements gathering period was robust and productive, but not conclusive on any approach. We plan to use a portion of this public discussion period to curate use cases that will inform a formal proposal. Ideally, these use cases will be based on demonstrated needs (or lack thereof) by licensees for a change from the prohibition in 3.0. As for NonCommercial, more discussion is necessary if any of the current proposals or arguments for changing that definition are to be advanced. Consequently, we have left the definition unchanged in this first draft. On both of these issues, look for prompts from us on the license discussion list and this blog, and please contribute your voice to the discussion.

Other features

The draft license has several new features deserving of attention and your feedback. Attribution and marking requirements are now centralized in a single location and clarified for ease of understanding and compliance. The collecting society provision is dramatically simplified, though operating in the same spirit as in 3.0. Overall, we have strived to simplify, better organize, internationalize and enhance usability whenever possible. We welcome your ideas for making this license still better in these respects and more.

We need your input!

One of our highest priorities is to ensure to the extent possible that the 4.0 licenses work seamlessly in as many jurisdictions, and for as many constituents, as possible. Please help us identify provisions that could be improved to operate better in your locale and for the communities of CC adopters you care about.

We have updated the 4.0 wiki with a special page dedicated to this first draft, where you can find the full draft of BY-NC-SA and a detailed chart comparing this draft to version 3.0, among other resources. The primary discussion forum continues to be the license-discuss list. We look forward to hearing from you!

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Contribute to the Venezuelan 3.0 Licenses

Aurelia J. Schultz, February 2nd, 2012

The Venezuelan 3.0 license draft is open for public discussion!

We welcome all those who are interested to view the Venezuela BY-NC-SA draft and contribute their comments this month. The next step for the Venezuela team will be to incorporate changes from the public discussion and to prepare the remaining five licenses for a complete Venezuela 3.0 license suite.

A huge thank you to CC’s Venezuelan Affiliate, Centro Nacional de Tecnologías de Información (CNTI) and to the CC Venezuela Team led by John Piñango for all their hard work!

A reminder to all that Creative Commons is wrapping up the 3.0 porting process. There will be a few more public discussion announcements as the last remaining ports enter this stage. The 4.0 development process is well underway. Contributions can be made at http://wiki.creativecommons.org/4.0.

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Ugandan 3.0 Licenses now open for public discussion

Aurelia J. Schultz, January 4th, 2012

Many who follow Creative Commons and its work already know that we have begun working on the next version of licenses, the 4.0 suite. Even while this process has begun, we are finishing a few remaining, important 3.0 ports.

One of these is the Uganda 3.0 license suite, which we are pleased to announce is now open for public discussion. This is particularly noteworthy, as the Ugandan license suite is only the second tailored suite from the Sub-Saharan Africa region to reach the public discussion stage (after South Africa). These new licenses will be useful to many Anglophone African countries that share similar copyright laws and legal histories.

We welcome all those who are interested to view the Uganda BY-NC-SA draft and contribute their comments this month. The next step for the Ugandan team will be to incorporate changes from the public discussion and to prepare the remaining five licenses for a complete Uganda 3.0 license suite.

A huge thank you to CC’s Ugandan Affiliate, the National Book Trust of Uganda (NABOTU) and the Centre for Health, Human Rights and Development (CEHURD), and the large CC Uganda Team led by Moses Mulumba for all their hard work!

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Mozilla Public License 2.0

Mike Linksvayer, January 3rd, 2012

Congratulations to Mozilla on the release of the Mozilla Public License 2.0 after a two year versioning process. As Mozilla chair Mitchell Baker writes “Version 2.0 is similar in spirit to the previous versions, but shorter, better, and more compatible with other Free Software and Open Source Licenses.”

MPL 1.1 is one of the more popular free and open source software licenses, most famously used for Mozilla’s own Firefox browser. That MPL 2.0 is now compatible with the GPL, the most popular free and open source software license, is a big step forward for software. Why? Read Make Your Open Source Software GPL-Compatible. Or Else. which we link to in our FAQ explaining why CC licenses shouldn’t be used for software (except CC0). But the principle of lessening incompatibility among licenses is a general one, and applies to licenses used for cultural and scientific works, public sector information, databases, and more, as well as software. Thus one of our highlighted goals for version 4.0 of the CC license suite:

Interoperability – maximize interoperability between CC licenses and other licenses to reduce friction within the commons, promote standards and stem license proliferation;

This is a difficult goal, requiring long-term thinking and collaboration with other license stewards. We have a number of other goals for version 4.0 of the CC license suite as all; we hope the cumulative effect will make for a much better license suite than 3.0. Of course each license (e.g., BY-SA) will also remain similar in spirit. Shorter? We’ll see, balanced with everything else.

As the MPL 2.0 announcement notes, numerous people made valuable contributions to the development of that license. Possibly a first for a software license, even making the license look nice was addressed — something CC thinks is important, and another opportunity for people with different skills to help make licenses more useful. With a far greater diversity of projects using CC licenses, our need for community-wide feedback is even greater. We urge you to get involved in the CC 4.0 process.

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Version 4.0 – Public Discussion Launches

Diane Peters, December 9th, 2011

We are pleased to announce the beginning of the public discussion process that we expect to result in version 4.0 of the Creative Commons license suite.

Timeliness and Opportunity

The 4.0 discussions held at the 2011 Global Summit confirmed for CC the need to commence the 4.0 discussion process now if we wish to consider issues relevant to important would-be adopters in a timely manner. As explained following legal sessions at the Summit, version 3.0 is working (and will continue to work) really well for many adopters, but the reality is different for others. The treatment of sui generis database rights in the 3.0 licenses continues to be a show-stopper for many, including governments in Europe. This fosters an environment in which custom licenses proliferate, inevitably resulting in silos of incompatibly-licensed content that cannot be maximally shared and remixed. But there exist still other reasons for pursuing 4.0 at this time, including the desire to adjust the licenses to more fully support adoption by intergovernmental organizations and those looking for a more internationally-oriented license suite.


CC BY, Version 3.0

The consequence of not addressing these challenges now is one of opportunity — bridging these differences sooner rather than later (where possible) is always advisable, especially if a more inclusive commons may result. For those fond of version 3.0, rest assured that CC will continue to support existing and future implementations and adopters that rely on those licenses. We will take pains not to create a 4.0 suite that undermines or otherwise presents challenges for those communities.

Process – Discussion Forum – 4.0 Wiki

Importantly, for the first time in CC’s history we begin the versioning process without publishing a draft of the new licenses for review. This is intentional, and it is designed to ensure we hear from the community first. During this 2-3 month requirements gathering period, we urge everyone with a proposal, concern or other input to please put it forth, as our goal is to make the first draft as comprehensive as possible. We will alert the community when the requirements period draws to a close, expected to be mid-February 2012. As in the past, we will publish at least two drafts of the licenses before finalizing, which we anticipate will occur late 2012.

As with past versioning efforts, the central discussion forum will be CC’s license discuss list (subscribe now). New to the 4.0 process, however, is a dedicated group of wiki pages (accessible through the main 4.0 wiki page) where topics and proposals under discussion on that email list will be documented, annotated, and evaluated. We have pre-populated the wiki pages with several of the issues we expect to address during this process, framing key topics to help shape the discussion and including known and anticipated proposals related to each. Among others, we expect healthy debates regarding the treatment of moral rights, the definition of NonCommercial, scope of ShareAlike, treatment of sui generis database rights, and much more. The issues are organized by topic with cross-references to related issues throughout the wiki, but there is also an open forum (the Sandbox page) where you should be encouraged to suggest other topics you feel are important to discuss for version 4.0 (a few placeholders already exist).

For a fuller description of CC’s objectives, the process and expected schedule, visit the 4.0 wiki homepage.

We encourage everyone who is interested in the future of Creative Commons, and open licensing generally, to participate in this process. The more voices that chime in to raise issues and debate the merits of various proposals, the stronger version 4.0 will be, helping us achieve our goal of creating a set of robust licenses that will endure long into the future. If you have an opinion about how to simplify CC’s attribution requirements, for example, or any of the other important issues we plan to examine during the process, please post your suggestion to the CC license discuss list (subscribe today) and add it to our 4.0 wiki. We look forward to hearing from you.

Support CC

The Version 4.0 process and many other activities are supported by contributions from our community. As a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. Please consider donating to our Annual Campaign, going on now. Thank you.

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