The last few months has seen a growth in open data, particularly from governments and libraries. Among the more recent open data adopters are the Austrian government, Italian Ministry of Education, University and Research, Italian Chamber of Deputies, and Harvard Library.
The Italian Ministry of Education, University and Research launched its Open Data Portal under CC BY, publishing the data of Italian schools (such as address, phone number, web site, administrative code), students (number, gender, performance), and teachers (number, gender, retirement, etc.). The Ministry aims to make all of its data eventually available and open for reuse, in order to improve transparency, aid in the understanding of the Italian scholastic system, and promote the creation of new tools and services for students, teachers and families.
Lastly, Harvard Library in the U.S. has released 12 million catalog records into the public domain using the CC0 public domain dedication tool. The move is in accordance with Harvard Library’s Open Metadata Policy. The policy’s FAQ states,
“With the CC0 public domain designation, Harvard waives any copyright and related rights it holds in the metadata. We believe that this will help foster wide use and yield developments that will benefit the library community and the public.”
Harvard’s press release cites additional motivations for opening its data,
John Palfrey, Chair of the DPLA, said, “With this major contribution, developers will be able to start experimenting with building innovative applications that put to use the vital national resource that consists of our local public and research libraries, museums, archives and cultural collections.” He added that he hoped that this would encourage other institutions to make their own collection metadata publicly available.
We are excited that CC tools are being used for open data. For questions related to CC and data, see our FAQ about data, which also links to many more governments, libraries, and organizations that have opened their data.2 Comments »
Today we’re pleased to announce that Athabasca University, BCcampus, and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic have joined together to re-establish a CC affiliate team in Canada. All three organizations will take part in the official relaunch at the Creative Commons Salon Ottawa: Open Data on Friday, March 30.
This is not a new affiliate so much as a re-ignition of our existing Canadian community. Since 2004, a number of volunteers, interns and affiliate leads have supported and promoted CC and the use of open licenses generally in a Canadian context. This new team, representing three organizations spread across the geographic and cultural expanse of Canada, will be a key asset to support and lead the CC activities of this community.
Through public outreach, community building, tools, research, and resources this team will work with a network of open supporters to maximize digital creativity, sharing and innovation across Canada. The work of CC Canada is aligned with the overarching vision of Creative Commons — to help provide universal access to research and education, and full participation in culture to drive a new era of development, growth and productivity.
Whether you’re an artist, teacher, scientist, librarian, policymaker or just a regular citizen, Creative Commons provides you with a free, public, and standardized set of tools and licenses that create a balance between the reality of the Internet and the reality of copyright laws. CC Canada joins over four hundred other affiliates working in seventy-two jurisdictions around the world in supporting the use of Creative Commons infrastructure. Collectively this global network is creating a vast and growing digital commons of content that can be copied, distributed, edited, remixed, and built upon, all within the boundaries of copyright law.
Be sure to check out the CC Canada roadmap on the wiki. Congratulations to the CC Canada affiliate team!3 Comments »
In November we wrote that the White House Office of Science and Technology Policy (OSTP) was soliciting comments on two related Requests for Information (RFI). One asked for feedback on how the federal government should manage public access to scholarly publications resulting from federal investments, and the other wanted input on public access to the digital data funded by federal tax dollars.
Creative Commons submitted a response to both RFIs. Below is a brief summary of the main points. Several other groups and individuals have submitted responses to OSTP, and all the comments will eventually be made available on the OSTP website.
- The public funds tens of billions of dollars in research each year. The federal government can support scientific innovation, productivity, and economic efficiency of the taxpayer dollars they expend by instituting an open licensing policy.
- Scholarly articles created as a result of federally funded research should be released under full open access. Full open access policies will provide to the public immediate, free-of-cost online availability to federally funded research without restriction except that attribution be given to the source.
- The standard means for granting permission to the public aligned with full open access is through a Creative Commons Attribution (CC BY) license.
- If the federal government wants to maximize the impact of digital data resulting from federally funded scientific research, it should provide explicit, easy-to-understand information about the rights available to the public.
- The federal government should establish policies that insure the public has cost-free, unimpeded access to the digital data resulting from federally funded scientific research. Access to this data should be made available as soon as possible, with due consideration to confidentiality and privacy issues, as well as the researchers’ need to receive credit and benefit from the work.
- The federal government can grant these permissions to the public by supporting policies whereby 1) data is made available by dedicating it to the public domain or 2) data is made available through a liberal license where at most downstream data users must give credit to the source of the data. CC offers tools such as the CC0 waiver and CC BY license in support of these goals.
These FAQs are intended to:
(1) alert CC licensors that some uses of their data and databases may not trigger the license conditions,
(2) reiterate to licensees that CC licenses do not restrict them from doing anything they are otherwise permitted to do under the law, and
(3) clear up confusion about how the version 3.0 CC licenses treat sui generis database rights.
To develop FAQs to meet these goals, we focused on the following considerations:
- We cannot answer the question of whether and to what extent data and databases are subject to copyright as a general matter. Instead, we can arm licensors and licensees with the questions to ask to make their own determination.
- Complex legal questions about copyright law are not unique to data and databases. (Copyright exceptions and limitations raise similar quandaries, as does the question of what constitutes an adaptation, etc.) We should keep this in mind before we over-complicate and over-explain the nuances of CC licenses as they relate to data. On the other hand, it is important to acknowledge there are significant limitations of copyright law as it applies to purely factual data and databases, so CC licensors are not misled about what they get by applying a CC license to their works.
- We need to make clear that, unless the licensor chooses to delineate, CC licenses don’t distinguish between data and databases. All copyrightable content within the scope of the license is treated the same; the only difference is how the law operates with respect to different types of content. Nonetheless, if we over-emphasize this point we risk misleading the public about the practical application of CC licenses to data and databases.
- CC’s interpretation of how its licenses apply to data and databases raises intricate policy decisions for CC. Specifically, CC has to navigate the inherent tension between, on the one hand, arguing against the current international regime of overly restrictive copyright control and, on the other, advocating an interpretation of copyright law that maximizes proprietary control over factual data. CC has made policy decisions about data in the past after extensive deliberation with our community. Now, as we prepare for version 4.0, we ask our community to help us re-examine prior decisions in light of policy developments over the past five years. Please contribute to the discussions about licensing database rights in 4.0, as well as other related issues.
For those of you who have watched or participated in CC’s work in the data arena over the years, these FAQs update and now fully replace the original data FAQs published by Science Commons. While the law has not changed materially since those original FAQs were first published, Creative Commons (which now fully integrates Science Commons) has worked to clarify how its 3.0 licenses work with databases in practice, rather than focusing on the normative question of whether and how users should apply (or not apply) our licenses in that regard, which was clearly the focus of the earlier FAQs.
We hope this new resource will be useful to those of you grappling with data licensing and helps to clarify how our licenses operate in practice. We welcome your feedback.4 Comments »
One week after the nuclear disaster at the Fukushima Diachi plant in March, the Safecast project was born to respond to the information needs of Japanese citizens regarding radiation levels in their environment. Safecast, then known as RDTN.org, started a campaign on Kickstarter “to provide an aggregate feed of nuclear radiation data from governmental, non-governmental and citizen-scientist sources.” All radiation data collected via the project would be dedicated to the public domain using CC0, “available to everyone, including scientists and nuclear experts who can provide context for lay people.” Since then, more than 1.25 million data points have been collected and shared; Safecast has been featured on PBS Newshour; and the project aims to expand its scope to mapping the rest of the world.
“Safecast supports the idea that more data – freely available data – is better. Our goal is not to single out any individual source of data as untrustworthy, but rather to contribute to the existing measurement data and make it more robust. Multiple sources of data are always better and more accurate when aggregated.
While Japan and radiation is the primary focus of the moment, this work has made us aware of a need for more environmental data on a global level and the longterm work that Safecast engages in will address these needs. Safecast is based in the US but is currently focused on outreach efforts in Japan. Our team includes contributors from around the world.”
To learn more, visit http://safecast.org. All raw data from the project is available for re-use via the CC0 public domain dedication, while other website content (such as photos and text) are available under CC BY-NC.Comments Off
Yesterday, Europeana — Europe’s digital library, museum and archive, and the first major adopter of the Public Domain Mark for works in the worldwide public domain — published and made available The Europeana Licensing Framework using the CC0 public domain dedication. The licensing framework encompasses and is a follow-on to the recent Data Exchange Agreement that Europeana adopted in September, and which Europe’s national librarians publicly supported weeks later.
In Europeana’s own words, the licensing framework “underpins Europeana’s Strategic Plan” for 2011-2015:
“The goal of the Europeana Licensing Framework is to standardize and harmonize rights-related information and practices. Its intention is to bring clarity to a complex area, and make transparent the relationship between the end-users and the institutions that provide data.”
“Users need good and reliable information about what they may do with [content]. Whether they can freely re-use it for their educational, creative or even commercial projects or not. The Europeana Licensing Framework therefore asks data providers to provide structured rights information in the metadata they provide about the content that is accessible through Europeana. Doing so makes it easier for users to filter content by the different re-use options they have – by ‘public domain’, for example and hence easier for users to comply with licensing terms.”
The framework supports re-use of data and content through CC legal tools (CC0 public domain dedication, the Public Domain Mark, and CC BY-SA), providing guidelines for their appropriate applications. Download the European Licensing Framework (pdf) or peruse the full set of resources at Europeana Connect.
Relatedly, see Europeana’s white paper no. 2 published last month, The Problem of the Yellow Milkmaid: A Business Model Perspective on Open Metadata (pdf). The white paper “explore[s] in detail the risks and rewards of open data from different perspectives” after “extensive consultation with the heritage sector, including dozens of workshops.” It opens:
1 Comment »
“‘The Milkmaid’, one of Johannes Vermeer’s most famous pieces, depicts a scene of a woman quietly pouring milk into a bowl. During a survey the Rijksmuseum discovered that there were over 10,000 copies of the image on the internet—mostly poor, yellowish reproductions1. As a result of all of these low-quality copies on the web, according to the Rijksmuseum, “people simply didn’t believe the postcards in our museum shop were showing the original painting. This was the trigger for us to put high-resolution images of the original work with open metadata on the web ourselves. Opening up our data is our best defence against the ‘yellow Milkmaid’.”
The Creative Commons 2011 Global Summit was a remarkable success, bringing together CC affiliates, board, staff, alumni, friends and stakeholders from around the world. Among the ~300 attendees was an impressive array of legal experts. Collectively, these experts brought diversity and depth of legal expertise and experience to every facet of the Summit, including knowledge of copyright policy across the government, education, science, culture, and foundation sectors. We designed the Summit’s legal sessions (pdf) to leverage this expertise to discuss our core license suite and the 4.0 license versioning process.
The 3.0 License Suite
The current 3.0 license suite has been in service since 2007, and is faring extraordinarily well for many important adopters. Notably, government adoption and promotion of the licenses for releasing public sector information, content and data has increased in the intervening four years, predominantly leveraging the 3.0 licenses. From the New Zealand Government Open Access and Licensing Framework, to the explicit acceptance of CC BY by the Australian government as the default license for Australian government materials, to the official websites of heads of state, to numerous open data portals, governments are increasingly looking to and depending on CC licenses as the preferred mechanism for sharing information.
As robust as the 3.0 continues (and will continue) to prove for many adopters, we also have learned that limitations exist for other would-be adopters that inhibit use of our licenses. These limitations set the stage in some instances for the creation of custom licenses that are at best confusing to users and at worst incompatible with some of CC’s licenses. One of the more compelling limitations driving the need for versioning now is the existence of sui generis database rights throughout the European Union, and the treatment of those rights in CC’s 3.0 licenses. But other limitations also exist for important categories of those would-be adopters. For example, although 55+ jurisdictions have ported some version of the CC licenses to their jurisdictions, there remain many others that want to leverage CC licenses but are without necessary resources to undertake the time-intensive process porting demands, and do not wish to use the international (unported) suite however suitable those licenses are for adoption worldwide.
So as well as our 3.0 licenses operate for many, we recognize as license stewards there exists room to improve if we are to avoid risking a fragmentation of the commons. Of course it bears emphasizes here and throughout the versioning process that 3.0 license adopters can continue to count on our stewardship and support for that suite, just as we have done with all prior versioning efforts. We are committed to remaining alert to revisions that might undermine or compromise pre-4.0 license implementations and frameworks, and will now more than ever look to the expertise and dedication of our affiliates to assist us with the process and the subsequent adoption efforts.
Beginning the 4.0 Process
Against this backdrop, Professor Mike Carroll, CC board member and founder, led a discussion around CC’s plans for beginning the versioning of its licenses from the current 3.0 version to 4.0. His remarks provided a detailed explanation of the reasons leading CC to version in 2012, given the limitations for several adopters in the existing suite, the many opportunities at hand, and the current environment of accelerating adoption by governments and others.
CC’s goals and those of our affiliate community for 4.0 are ambitious, and include:
- Internationalization — position our licenses to ensure they are well received, readily understood, and easily adopted worldwide;
- Interoperability — maximize interoperability between CC licenses and other licenses to reduce friction within the commons, promote standards and stem license proliferation;
- Long-lasting — anticipate new and changing adoption opportunities and legal challenges, allowing the new suite of licenses to endure for the foreseeable future; and
- Data/PSI/Science/Education — recognize and address impediments to adoption of CC by governments as well as other important, publicly-minded institutions in these and other critical arenas.
- Supporting Existing Adoption Models and Frameworks — remain mindful of and accommodate the needs of our existing community of adopters leveraging pre-4.0 licenses, including governments but also other important constituencies.
These goals for 4.0 are not arbitrary — rather, we have recognized them as important levers for the CC license suite to support achieving CC’s mission and vision.
Addressing Restrictions Beyond Copyright – sui generis database rights and more
By design, CC licenses are intended to operate as copyright licenses, granting conditional permission to reuse licensed content in ways that would otherwise violate copyright. Once applied, wherever copyright exists to restrict reuse, the CC license conditions are triggered, but not otherwise. Yet what about that category of rights that exist close to, or perhaps even overlap with, copyright, making it difficult to exercise rights granted under CC licenses without additional permissions? This question drew the focus of Summit attendees across several of the legal sessions, particularly in the context of sui generis database rights that exist in the European Union and a few other places as a result of free trade and other agreements. Participants evaluated the practical problems associated with continuing CC’s existing policy of waiving CC license conditions (BY, NC, SA and ND, as applicable) in the 3.0 EU ported licenses where only sui generis database rights are implicated. Among others, Judge Jay Yoon of CC Korea provided a practical perspective on the challenges associated with CC’s current policy.
Sui generis database rights are widely criticized as bad policy, and are unproven in practice to deliver the economic benefits originally promised. While these views were shared by the vast majority of affiliates attending the Summit, many also agreed that a reconsideration of CC’s current policy is appropriate, and that we should shift to licensing those rights in 4.0 on the same terms and conditions as copyright. This change in policy would be pursued in the greater interest of facilitating reuse, meeting the expectations of licensors and users, and growing the commons.
As foreshadowed earlier this year, and now with support from CC’s affiliate network, CC intends to pursue this course in 4.0, absent as-of-yet-unidentified, unacceptable consequences. Importantly, we will take great care to ensure that by licensing these rights where they exist we do not create new or additional obligations where such rights do not exist.
As the steward of our licenses and one of several stewards of the greater commons (including the Free Software Foundation and the Open Knowledge Foundation), we remain mindful and take with utmost seriousness the risks associated with shifting course. We fully intend to (and expect to be held accountable for) strengthening our messaging to policymakers about the dangers of maintaining and expanding these rights within the EU and beyond, and of creating new related rights. We also plan to develop ample education for users to help avoid over-compliance with license conditions in cases where they do not apply.
Further Internationalization of the CC Licenses
Until version 3.0, the CC licenses had been drafted against U.S. copyright law and referred to as the “generic” licenses. At version 3.0, that changed as we made our first attempt to draft a license suite utilizing the language of major international copyright treaties and conventions. While a vast improvement over pre-3.0 versions, there remains ample opportunity to improve to reach those who cannot or would prefer not to port. Thus, one of our major objectives with the process will be to engage with CC’s knowledgeable affiliates around the globe with the intention of crafting a license suite that is another step further removed from its U.S. origins, and more reflective of CC’s status as an international organization with a global community and following. This focal point will impact the versioning process in several respects, and will require the engagement and focus of our affiliate network, other legal experts and the broader community. But it will also impact our work post publication, where the legal expertise of our affiliates will become still more relevant to adoption efforts and implementations.
As part of this discussion at the Summit, Paul Keller of CC Netherlands and Kennisland led a robust conversation on the wisdom of the CC license porting process, and Massimo Travostino of CC Italy and the NEXA Center gave a presentation on the legal and drafting issues involved with creating global licenses.
Defining Noncommercial; License Enforceability
The legal program also included a presentation by Mike Linksvayer on the definition and future of noncommercial and an update from Andres Guadamuz on CC license enforceability. While a decision about retaining or modifying the definition of NC in 4.0, and branding thereof, remains open, any change has a high barrier to demonstrate it would be a net benefit to the commons, given the broad use and acceptance of CC licenses containing the NC term. And CC’s licenses in court continue their strong enforceability record, most recently with a favorable decision in September 2011 that enforced BY-SA in Germany. We plan to take caution when drafting 4.0 to avoid making changes that could compromise this record.
Next steps in the versioning process will be announced shortly to this blog and the CC license discuss list. Subscribe to stay apprised of future announcements about the 4.0 process and how you can contribute.
Thanks to everyone who contributed to the license discussions and helped make the Summit a success!Comments Off
As part of our blog series for the European Public Sector Information Platform (ePSIplatform) on the role of Creative Commons in supporting the re-use of public sector information, we have researched and published the State of Play: Public Sector Information in the United States.
Beth Noveck, former United States deputy CTO of open government and now a Professor of Law at New York Law School, provides an excellent overview of the report, noting that it is “an excellent report on open data in the United States” and “provides a concise and accurate primer (with footnotes) on the legal and policy framework for open government data in the US.” Abstract:
State of Play: Public Sector Information in the United States
This topic report examines the background of public sector information (PSI) policy and re-use in the United States, describing the federal, state and local government PSI environments. It explores the impact of these differences against the European framework, especially in relation to economic effects of open access to particular types of PSI, such as weather data. The report also discuss recent developments in the United States relating to PSI re-use, such as Data.gov, the NIH Public Access Policy, and new open licensing requirements for government funded educational resources.
The report is published on the ePSIplatform and also on our wiki (pdf). It complements our previous report, Creative Commons and Public Sector Information: Flexible tools to support PSI creators and re-users; both are available under CC Attribution.Comments Off
We’ve been working on a series of blog posts for the European Public Sector Information Platform (ePSIplatform) on the role of Creative Commons in supporting the re-use of public sector information. In addition, we’ve published a topic report. The abstract is posted below.
Creative Commons and Public Sector Information: Flexible tools to support PSI creators and re-users
Public sector information is meant for wide re-use, but this information will only achieve maximum possible impact if users understand how they may use it. Creative Commons tools, which signify availability for re-use to users and require attribution to the releasing authority, are ideal tools for the sharing of public sector information. There is also increasing interest in open licenses and other tools to share publicly funded information, data, and content, including various kinds of cultural resources, educational materials, and research findings; Creative Commons tools are applicable here and recommended for these purposes too.
What does it mean to be open in a data-driven world?
On January 11, 2011, we gathered together four knowledgeable individuals who interact with data in different ways and who each understand the importance of exploring this timely question. The result was a stellar CC Salon at LinkedIn Headquarters.
You can now watch the video from the event, which included brief presentations from Internet Archive’s Peter Brantley, LinkedIn’s DJ Patil, and 3taps’ Karen Gifford, as well as a panel discussion moderated by O’Reilly Media’s Tim O’Reilly. View it now!
Also see our post today on Creative Commons tools, data, and databases.Comments Off