This post is written and translated by Paul Keller of CC Netherlands, first posted in Dutch on the CC Netherlands blog earlier today. Regarding one of the quotes below, to be clear, note CC licenses do not override fair use.
Adam Curry wins again!
by Paul Keller
In 2006 Adam Curry initiated and won the first ever lawsuit centering around the use of a Creative Commons licensed work (English). Back then the Dutch gossip-mag ‘weekend’ had published photos from Curry’s flickr account without asking Curry for permission and the Amsterdam court of first instance decided that this use was explicitly prohibited by the non-commercial condition of the Attribution-NonCommercial-ShareAlike license that Curry uses for his Flickr pictures.
One would assume that other gossip-mags would learn from this and refrain from using photos from Adam’s Flickr stream, but exactly that happened 2 weeks ago when ‘Privé‘ used another picture to illustrate an article without Adam permission. As in the previous case Adam immediately reacted, this time by demanding that the publisher of Privé pay him a compensation for the unauthorized use or he would take them to court. Back then Adam wrote:
Instead of taking them directly to court I added twist this time, and gave them the option of paying 5000 euros directly to the War Child Foundation and my legal costs. Failure to comply by June 2nd and I will take them to court. It’s national news, lead story on the 6:30 news and all that good stuff :)
According to a public response from the magazine’s editor, they will ‘see me in court’ as they believe they have ‘fair use’ rights because of the picture’s ‘news value’. Pretty funny coming from a gossip rag.
While the deadline set by Curry passed without an official reaction from Privé it turns out that the defiant reaction form the magazines editor was not worth the paper it was printed on. Today Adam received a mail from from his lawyers indicating that Privé has settled along the terms provided by Curry in order to avoid the court hearing that was scheduled for the 23rd of June [translation from Dutch original by Creative Commons Netherlands]:
the conflict between Telegraaf Tijdschriften Groep (“TTG”), the publishers of among others Privé and yourself has been settled in your favor.
TTG wil pay you an amount of compensation and TTG has signed a declaration (backed up by a penalty) that in the future they will no more infringe on copyrights held by Adam Curry in photos published by him on www.flickr.com. You will donate the compensation received to Warchild and STOP AIDS NOW!.
Given the above, the court hearing scheduled for the 23rd of july will not take place.
Creative Commons congratulates Adam Curry with this victory that once again illustrates that when necessary the Creative Commons licenses offer enough legal protection against unauthorized used of the licensed works. Thanks again Adam!3 Comments »
Yesterday, Google Blogoscoped picked up on Picasa’s new CC feature: Search! In case it weren’t clear, we get really excited when platforms like Picasa enable CC content exploration. Its one thing to enable your community to select a CC license for their work, but its another thing entirely to help the rest of the web discover that content. Picasa’s commons community will surely benefit from this kind of exposure, so thanks to Picasa for enabling such a valuable feature.
If you’re working on a platform that supports CC, and haven’t considered building a CC-specific license-sensitive search portal, now there’s no excuse!No Comments »
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Yes, you read that correctly. Ridley Scott, the famed SciFi director of the classic Blade Runner will be producing a new web series based on the film released under our free copyleft license. The series is initially slated for web release with the possibility of television syndication and will be a project by Ag8.
Joining the likes of Flickr and the Personal Genome Project, Digg has now chosen our CC0 Waiver for their content. Daniel Burka writes on the official Digg blog about their choice:
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As of today, we’ve taken that one step further by upgrading our public domain license to the Creative Commons Zero (CC0) [waiver]. The CC0 [waiver] expresses that content posted on Digg is public domain even internationally. A minor point maybe, but our previous public domain [dedication] was only clear within the USA. When a friend from Creative Commons suggested that we move to a CC0 license, to even more clearly affirm our intentions, it seemed obvious. And, as we try to always do when we change something that affects the content that you (our users) submit to Digg, we’re trying to keep you informed about it.
Forgive me, but a picture (screen shot) is worth a thousand words (searches):
Today, on Yahoo’s Search Blog, Polly Ng and Anuj Sahai announced the addition of CC license image filtering options to their image search and also explained why CC licenses are so important for finding images online:
Finding a great image online elicits a little thrill, but it can be tricky – if you’re looking for a pic to pop into a presentation or illustrate a Web page, you need to know if you’re allowed to use that photo, and how you can use it. Today, Yahoo! Image Search is launching a Creative Commons license filter that allows you to simply and quickly find images that are available for reuse.
When you use Yahoo! Image Search, you’ll now see a checkbox for Creative Commons allowing you to filter for images from Flickr that can be used commercially or that can be modified (remixed, tweaked, or built upon) with restrictions set by the image’s creator.
Congrats to the Yahoo! team for extending CC even further into their platform!3 Comments »
Congratulations to Jamendo:
20,000 albums? We can hardly believe it!
Well, it seems like just a few months ago we were celebrating 10,000 albums published on jamendo and this weekend we passed the 20,000 album mark!
Actually, it was 11 months ago to be precise. Look at it this way and you’ll understand why we’re the first to be impressed with the figures: it will have taken jamendo 3 years to gather 10,000 albums, and then just under one year later, that number has doubled!
It’s pretty safe to say we’re going strong. And even safer to say it’s all thanks to you: artists, members and everyone contributing to spread the word of free music!
You can see those 20,000 albums broken down by license at jamendo.com/creativecommons.
Speaking of “we can hardly believe it” and collections of CC licensed media, I recently noticed a post on this blog from 2005:
We’re also happy to see growth at Flickr has gone way beyond our expectations to nearly 1.5 million photos licensed for reuse.
Two months ago Flickr reached 100 million CC licensed photos.
Congratulations to Jamendo and may today’s surprise only hint at an astounding future.8 Comments »
The Wikimedia Foundation board has approved the licensing changes voted on by the community of Wikipedia and its sister sites. The accompanying press release includes this quote from Creative Commons founder Lawrence Lessig:
“Richard Stallman’s commitment to the cause of free culture has been an inspiration to us all. Assuring the interoperability of free culture is a critical step towards making this freedom work. The Wikipedia community is to be congratulated for its decision, and the Free Software Foundation thanked for its help. I am enormously happy about this decision.”
Earlier today we blogged that results of the Wikipedia community vote on adding the CC BY-SA license. Over 75% of votes were cast in approval of the change, but as has been pointed out by Wikimedia Foundation Deputy Director Erik Moeller and board member Kat Walsh, this number understates the level of support for the change. 14% voted “no opinion”, while only 10% opposed.
In any case we are deeply gratified that such an overwhelming majority (88% of those who voted with an opinion) approved this change worked on over several years by the Free Software Foundation, Wikimedia Foundation, and Creative Commons, are proud to stand with such trusted organizations, and will live up to that trust!
The addition of the CC BY-SA license to Wikimedia sites should occur over the next month. Now is a good time to start thinking about whether your works and projects ought to interoperate with Wikipedia. If you’re using (or switch to) CC BY-SA, content can flow in both directions (your work could be incorporated into Wikipedia, and you can incorporate Wikipedia content into your work). If you use CC BY or CC0, your work could be incorporated into Wikipedia, but not vice versa. If your work isn’t licensed, or is under a CC license with a non-commercial or no derivatives (NC or ND) term, nothing can flow in either direction, except by fair use or other copyright exception or limitation.1 Comment »
The Wikimedia Foundation (WMF) has proposed that the copyright licensing terms on the wikis operated by the WMF — including Wikipedia — be changed to include the Creative Commons Attribution-ShareAlike (CC-BY-SA) license in addition to the current GNU Free Documentation License (GFDL). This will affect all text and rich media (images, sound, video, etc.) currently licensed under “GFDL 1.2 or later versions”. This change is meant to advance the WMF’s mission by increasing the compatibility and availability of free content. Further details and motivation for this change are explained in the licensing update proposal and the associated FAQ.
To gauge community support for adopting this change, a Wikimedia-wide vote was conducted between April 12 and May 3, 2009. The vote was managed by volunteers associated with the licensing update committee and conducted on servers controlled by the independent non-profit SPI.
Licensing Update Poll Result “Yes, I am in favor of this change” 13242 75.8% “No, I am opposed to this change” 1829 10.5% “I do not have an opinion on this change” 2391 13.7% Total votes cast and certified 17462
If “no opinion” votes are not included, the Yes/No percentage becomes 87.9%/12.1% (15071 votes).
For lots of background on why this is a great thing, see our post on the community vote and the previous posts it links to. CC Denmark public project lead Henrik Moltke’s immediate microblogged reaction is a good summary:
Wikimedia/pedia adopting CC a giant leap; will unite & focus strengths, facilitate participation + convey strengths of free licensing
Thanks for voting for licensing sanity!
As the results page says, the Wikimedia Foundation board must still approve any licensing change.4 Comments »
Bloomsbury Academic, the recently-launched academic publishing imprint of Bloomsbury Publishing, just announced their first series publication, Science, Ethics and Innovation. The series will be edited by Nobel Laureate Sir John Sulston and professor John Harris.
The series will be released online as free, CC-licensed downloads with hard copies available for sale. More from The Guardian:
The series will be the first from Bloomsbury’s new venture, Bloomsbury Academic, launched late last year as part of the publisher’s post-Harry Potter reinvention. Using Creative Commons licences, the intention is for titles in the imprint to be available for free online for non-commercial use, with revenue to be generated from the hard copies that will be printed via print-on-demand and short-run printing technologies.
In related news, Bloomsbury Academic’s digital publication of Lawrence Lessig’s Remix: Making Art and Commerce Thrive in the Hybrid Economy has now been downloaded for free in over 105 countries, while hard copies have also been selling well.No Comments »
Creative Commons kicks off its global case studies effort. Share your story. Discover new works and new models.
With upwards of 150 million CC-licensed works published from every corner of the world, no single use case can tell the whole story. Creators and users come to CC for different reasons, and for many, CC solves different problems. We’re trying to capture the diversity of CC creators and content by building a resource that inspires new works and informs free culture.
Creative Commons Case Studies 2009 kicks off today – and we want to hear your story! We’re collecting cases big and small on our re-launched Case Studies wiki, an online portal to upload and discover documentation about CC-licensed projects.
The top community curated stories will be featured on our website and in the next printed volume of Creative Commons Case Studies. You’ll also collaborate with our CEO, Joi Ito, whose doctoral work focuses on select case studies about CC and the sharing economy.
How to get involved
- Visit the Case Studies wiki and learn about how people are using CC licenses around the world. Browse existing studies and download Building an Australasian Commons: Creative Commons Case Studies Volume I, a stunning publication edited by Rachel Cobcroft and supported by CC Australia. The book highlights 60 exemplary CC-licensed users in Australasia and worldwide. Source files and PDFs are available for the entire book and easily digestible booklets covering particular fields.
- Curate a collection of case studies with PediaPress, a service that builds an OpenOffice document, PDF, or printed book from selected wiki pages. Publish your collection on a site that supports CC licenses such as Scribd. Tailor the material to meet your needs and add your entry to list of case study collections.
- Teach with real-life examples. We’re encouraging educators to follow CC Australia’s lead and integrate the CC Case Studies into their curricula. Teaching with case studies is compelling and instructive. Have your students analyze existing studies or write their own.
- Most importantly, add your CC story, or one you’re familiar with. Improve, categorize, and assess existing case studies. We’re particularly interested in the addition of data relevant to the cases.
Whether you’re looking for inspiration, business models, or precedents, the CC Case Studies are a perfect place to start. Help us expand this resource by sharing your work and telling your story.6 Comments »