Throughout the #cc10 celebrations, we’re highlighting different CC-enabled media platforms, to show the breadth and diversity of the CC world. Today, as we’re talking about governmental and institutional adoption of CC tools, it seemed appropriate to discuss Europeana, the massive digital library of European history and culture.
For people who get excited about open cultural data, one of the most exciting moments of 2012 came in September, when Europeana announced that it was releasing its metadata to the public domain under the CC0 waiver. This release of 20 million records represents one of the largest one-time dedications of cultural data to the public domain.
While the data was previously available through the Europeana website, dedicating it to the public domain multiplies its usability. From the press release:
This release, which is by far the largest one-time dedication of cultural data to the public domain using CC0 offers a new boost to the digital economy, providing electronic entrepreneurs with opportunities to create innovative apps and games for tablets and smartphones and to create new web services and portals.
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Europeana’s move to CC0 is a step change in open data access. Releasing data from across the memory organisations of every EU country sets an important new international precedent, a decisive move away from the world of closed and controlled data.
Importantly, the change represents a valuable contribution to the European Commission’s agenda to drive growth through digital innovation. Online open data is a core resource which can fuel enterprise and create opportunities for millions of Europeans working in Europe’s cultural and creative industries. The sector represents 3.3% of EU GDP and is worth over €150 billion in exports.
Europeana’s announcement was praised by Neelie Kroes, Vice-President of the European Commission, who said:
Open data is such a powerful idea, and Europeana is such a cultural asset, that only good things can result from the marriage of the two. People often speak about closing the digital divide and opening up culture to new audiences but very few can claim such a big contribution to those efforts as Europeana’s shift to creative commons.
The Creative Commons Affiliate teams in the Netherlands and Luxembourg, through partner organizations Institute for Information Law (IViR), Kennisland, and the Bibliothèque nationale de Luxembourg provided expert support to Europeana during this process. Europeana has been at the forefront of exploring ways to share the European cultural record. They are one of the first adopters of CC’s Public Domain Mark and continue to support a vibrant, healthy public domain.5 Comments »
As reported a few weeks ago, OCLC has recommended that its member libraries adopt the Open Data Commons Attribution license (ODC-BY) when they share their library catalog data online. The recommendation to use an open license like ODC-BY is a positive step forward for OCLC because it helps communicate in advance the rights and responsibilities available to potential users of bibliographic metadata from library catalogs. But the decision by OCLC to recommend the licensing route — as opposed to releasing bibliographic metadata into the public domain — raises concerns that warrants more discussion.
OCLC says that making library data derived from WorldCat available under an open license like ODC-BY complies with their community norms. There are other options, however, that are equally compliant. Harvard Library, for example, developed an agreement with OCLC earlier this year that makes its metadata available under the CC0 Public Domain Dedication. This means that Harvard relinquishes all its copyright and related rights to that data, thereby enabling the widest variety of downstream reuse. Even though it puts this information into the public domain, Harvard requests that users provide attribution to the source as a best practice without making attribution a legally binding requirement through a license.
There are good reasons for relying on community norms for metadata attribution instead of requiring it as a condition of a licensing agreement. The requirement to provide attribution through a contract like ODC-BY is not well-suited to a world where data are combined and remixed from multiple sources and under a variety of licenses and other use restrictions. For example, the library community is experimenting with new technologies like linked data as a means of getting more value from its decades-long collective investment in cataloging data. And we’re happy to see that OCLC has released a million WorldCat records containing 80 million linked data triples in RDF. However, we believe that requiring attribution as a licensing condition introduces complexity that will make it technically difficult — if not impossible — for users to comply.
Then there is the question of how to properly attach attribution information to a discrete bit of data (e.g. a single field, subfield, or triple). OCLC has helpfully provided guidelines around attribution for its linked data, but how would these work for member libraries that follow OCLC’s recommendation to adopt the ODC-BY license when they publish their own data? Library linked data collections are often derived from small subsets of many large collections and recombined with new relationships, potentially requiring separate attribution for each data element. In the case of OCLC’s data release, imagine that a user downloads the OCLC file containing 80 million linked data triples, extracts the ones she’s interested in, and then links them to her own catalog data to create a new linked dataset. The guidelines for the WorldCat data include the option of considering a WorldCat URI to be sufficient attribution, but how would that work for the library’s own bibliographic data or for additional data drawn from non-OCLC sources? The guidelines do not include recommendations for how libraries should implement their own data in such a way that reusers can comply with the attribution requirements imposed by the ODC-BY license. The community norms and best practices for reusing library linked data are not yet well defined, so relying on them in the context of a legally binding license is troubling.
Another question arises about the scope of the ODC-BY license with its focus on European database rights in addition to copyright — database rights that do not apply in the U.S. and that cover the database in its entirety but not its contents, making it uncertain whether it can be applied to a simple file of bibliographic data. And the question of whether copyright applies at all to bibliographic data, given its mainly factual nature, is doubtful and differs depending on legal jurisdiction. While the ODC-BY license may make good sense for OCLC to apply to WorldCat itself, it would be a questionable choice for a U.S. library that is looking to share some of its catalog data as a downloadable file.
Moreover, because most countries outside of the European Union — including the United States — do not grant protection to non-creative databases, the ODC-BY license does not operate except at best as a contractual restriction on those downloading directly from the licensor’s website. So this restriction, which is not based on any underlying exclusive property right, is unlikely to bind reusers that do not obtain the data directly from the original data provider. The absence of a binding contract coupled with the lack of any underlying property right means licensors may be surprised to learn they do not have a strong and effective remedy such as a claim of infringement against those downstream users. This is a known concern with the Open Database License, ODC-BY’s sister license that has the same license + contract design feature. Thus, the license in many instances simply will not protect the library that shared the data, or OCLC, in the manner they expect.
Another more general concern about using a licence to share bibliographic metadata has to do with its technical feasibility. This is evident in the Model language that OCLC recommends, which includes links to the WCRR Record Use Policy (WorldCat Rights and Responsibilities), community norms and an FAQ. Following these links takes readers to pages with yet more information about the requirements expected for members and non-members. The concern is not so much the opaqueness of the rules, but that they may become linked to a great number of records which have nothing to do with OCLC. For example, many members may only have started fairly recently to re-use records from OCLC, yet in the model language no distinction is made between OCLC and non-OCLC sourced records, again, because there is no feasible technical solution to differentiate between these. The result: attribution is (wrongly) given to OCLC for the whole database, and a large number of OCLC principles linked to the library database’s complete contents. While the ODC-BY and WCRR may well be well-intentioned instruments to turn the WorldCat data into a “Common Pool Resource” for OCLC members, it certainly lacks the technical solutions to demarcate where it begins and ends, potentially resulting in confusion and overreaching requirements for members that try to comply. Fundamentally, this begs the question whether library records shouldn’t just be public goods released into the public domain.
For all of the above reasons, cultural institutions including The British Library, Europeana, the University of Michigan Library, Harvard and others have adopted the CC0 Public Domain Dedication for publishing their catalog data online. From this, we see that a truly normative approach for the library community would be a public domain dedication such as CC0, coupled with requests to provide attribution to the source (e.g. OCLC) to the extent possible. Such an approach would maximize experimentation and innovation with the cataloging data, in keeping with the mission and values of the library community, while respecting the investment of OCLC and the library community in this valuable resource.
Contributors to this post: Timothy Vollmer, MacKenzie Smith, Paul Keller, Diane Peters.6 Comments »
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 »
Last week, the LRMI Technical Working Group released version 0.7 of the LRMI specification and with it, began the last public comment period ending January 31st. Barring any issues that need to be addressed, this will be the version that is submitted to the Schema.org community for review and inclusion.No Comments »
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:
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“‘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 Learning Resources Metadata Initiative (LRMI) Technical Working Group just released the latest draft of their specification. This version is another step on the road to the final public release and submission to Schema.org, the multiple search engine group that is maintaining a standard metadata specification for online content. LRMI intends to extend Schema.org’s documentation to include metadata that is important to the educational community; everyone from commercial publishers and OER producers to learners of all varieties (and of course, educators).No Comments »
As you may remember, the LRMI Technical Working Group, with the input of the wider community, has been working to create a set of metadata terms to describe learning resources. This set of terms is being developed with the goal of gaining acceptance into the Schema.org specification.
Today I am pleased to share with you the current draft version of the LRMI specification. We are sharing this now so that the wider community has a chance to review and make comments. We know, as well as anyone, that sharing early drafts of the work product is a great way of improving the end result.
Please review the current draft LRMI spec and post any technical comments you might have to the public LRMI mailing list by November 11. If you have other non-technical comments/concerns, please feel free to use the LRMI.net discussion board.No Comments »
In other news:
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Following the exciting news of Europeana’s new data exchange agreement, which authorizes Europeana to release the metadata for millions of cultural works into the public domain using the CC0 public domain dedication, the Conference of European National Librarians (CENL) voted to support the agreement in a meeting last week at the Royal Library of Denmark. CENL represents Europe’s national libraries and “is responsible for the massive collection of publications that represent the accumulated knowledge of Europe.” From the press release,
“It means that the datasets describing all the millions of books and texts ever published in Europe – the title, author, date, imprint, place of publication and so on, which exists in the vast library catalogues of Europe – will become increasingly accessible for anybody to re-use for whatever purpose they want.
Bruno Racine, new Chair of CENL and President of the Bibliothèque nationale de France, and Dr. Elisabeth Niggemann, former Chair of CENL and Director of the Deutsche Nationalbibliothek, welcomed the leadership shown by CENL. Dr Niggemann said…‘Only in that way can society derive full social and economic benefit from the data that we’ve created to record Europe’s published output over the past 500 years. The best analogy is between bottled water and a water main. Rather than bottling it and branding it, we’re putting data on tap, so that everyone has free and open access, and can use it for whatever purpose they need.’”
Read more about Europeana’s Data Exchange Agreement.1 Comment »