CC Talks With: A chat with Stephen Downes on OER

Jane Park, October 12th, 2009

A prominent member of the open education community, Stephen Downes is a researcher, blogger, and big thinker in open education and access related issues. He frequently debates with other open education advocates via the medium of the Internet, once in a while meeting up in person at conferences to hash out more of the same. I thought I might capture his slice of insight into the future of open educational resources and how he views them evolving in an ideal world.

CC BY-NC by Stephen Downes

So I caught up with him via Skype; and though different operating systems and timezones may have jumbled some of our conversation, I was still able to catch most of his words, if not the heart of his views. Below is our chat transcribed, in more or less the same fashion as it progressed.

Read More…

Defining Noncommercial report published

Mike Linksvayer, September 14th, 2009

Almost one year ago we launched a study of how people understand “noncommercial use.” The study, generously supported by The Andrew W. Mellon Foundation, included in-depth interviews and two waves of in-person and online focus groups and online questionnaires. The last included a random sample of U.S. (geographic restriction mandated by resource constraints) internet users and in an extended form, open questionnaires promoted via this blog (called “CC Friends & Family” in the report).

Today, we’re publishing the Defining Noncommercial study report and raw data, released under a CC Attribution license and CC0 public domain waiver respectively — yes, this report on “noncommercial” may unambiguously be used for commercial purposes. Also see today’s press release.

The study was conducted by Netpop Research under advisement from academics and a working group consisting of several CC jurisdiction project members as well as CC staff and board members.

Study findings

Creative Commons noncommercial licenses include a definition of commercial use, which precludes use of rights granted for commercial purposes:

… in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.

The majority of respondents (87% of creators, 85% of users) replied that the definition was “essentially the same as” (43% of creators, 42% of users) or “different from but still compatible with” (44% of creators, 43% of users) theirs. Only 7% of creators and 11% of users replied that the term was “different from and incompatible with” their definition; 6% or creators and 4% of users replied “don’t know/not sure.” 74% and 77% of creators and users respectively think others share their definition and only 13% of creators and 11% of users wanted to change their definition after completing the questionnaire.

On a scale of 1-100 where 1 is “definitely noncommercial” and 100 is “definitely commercial” creators and users (84.6 and 82.6, respectively) both rate uses in connection with online advertising generally as “commercial.” However, more specific use cases revealed that many interpretations are fact-specific. For example, creators and users gave the specific use case “not-for-profit organization uses work on its site, organization makes enough money from ads to cover hosting costs” ratings of 59.2 and 71.7, respectively.

On the same scale, creators and users (89.4 and 91.7, respectively) both rate uses in which money is made as being commercial, yet again those ratings are lower in use cases specifying cost recovery or use by not-for-profits. Finally, both groups rate “personal or private” use as noncommercial, though creators did so less strongly than users (24.3 and 16.0, respectively, on the same scale).

In open access polls, CC’s global network of “friends and family” rate some uses differently from the U.S. online population—although direct empirical comparisons may not be drawn from these data. For example, creators and users in these polls rate uses by not-for-profit organizations with advertisements as a means of cost recovery at 35.7 and 40.3, respectively — somewhat more noncommercial. They also rate “personal or private” use as strongly noncommercial—8.2 and 7.8, respectively — again on a scale of 1-100 where 1 is “definitely noncommercial” and 100 is “definitely commercial.”

See much more in the study report and draw your own conclusions from the data.

The below is drawn from the Section 4 of the report, titled “Next” — we urge you to read that section for more, including ideas for future research.

Import for Creative Commons noncommercial licenses

In the next years, possibly as soon as 2010, we expect to formally kick off a multi-year, international process for producing the next version (4.0) of the six main Creative Commons licenses.

This process will include examination of whether the NC term should be usefully modified as a part of that effort, or if the better approach might be to adopt a “best practices” approach of articulating the commercial/noncommercial distinction for certain creator or user communities apart from the licenses themselves. Whichever the result, this study has highlighted that in order to meet the expectations of licensors using CC NC licenses it will be important to avoid any modification of the term, however manifested, that makes a use widely agreed to be commercial — or only agreed to be noncommercial with low consensus — explicitly noncommercial. There is an analogue in our statement of intent for CC Attribution-ShareAlike, which provides assurances that we will not break the expectations of licensors whose intent is to release works under copyleft terms.

While the costs of license proliferation are already widely appreciated and resisted by many, the study weighs against any lingering temptation to offer multiple flavors of NC licenses due to strong agreement on the commerciality of certain use cases that, in the past, may have been considered by some to be good candidates for splitting off into specialized versions of the NC term, such as online advertising. For even in those cases where strong agreement may appear to exist upon initial inquiry, such as with online advertising, nuances and sometimes strong differences of opinion are immediately revealed when more specific use cases are tested and facts presented — such as those involving cost recovery or support of nonprofit organizations.

The study results also advise against any concerted effort by CC to attempt appeasing all license users, all the time — study participants are divided over the value of more or fewer specific “use cases” to delineate the commercial/noncommercial divide, some see the lack of specific uses as a strength and others as a weakness, and many others still disagree with the notion that a single definition of noncommercial use could be workable. Thus is the challenge, and opportunity, of public license stewards.

Aside from decisions about the NC licenses themselves, we will be looking back to the study as we update explanations of noncommercial licensing on our license deeds, license chooser, and other materials. Your ideas and feedback are most welcome (see below).

Creative Commons recommendations on using noncommercial licenses

Overall, our NC licenses appear to be working rather well — they are our most popular licenses and we are not aware of a large number of disputes between licensors and licensees over the meaning of the term. The study hints at some of the potential reasons for this state of affairs, including that users are in some cases more conservative in their interpretation of what is noncommercial than are creators and that in some cases creators who earn more money from their work (i.e., have more reason to dispute questionable uses) are more liberal in their interpretation of what is noncommercial than are those who earn less.

While it would take a more focused and exhaustive study to conclude that these seemingly fortunate attitudinal differences are correct, strong, and global, they do hint at rules of thumb for licensors releasing works under NC licenses and licensees using works released under NC licenses — licensors should expect some uses of their works that would not meet the most stringently conservative definition of noncommercial, and licensees who are uncertain of whether their use is noncommercial should find a work to use that does unambiguously allow commercial use (e.g., licensed under CC BY, CC BY-SA, or in the public domain) or ask the licensor for specific permission (interestingly about half of respondents to the “CC Friends & Family” questionnaire who had released works under a NC license indicated that they had been contacted for specific permission). Note that this rule of thumb has an analogue in network protocol design and implementation known as the robustness principle or Postel’s Law: “Be conservative in what you do; be liberal in what you accept from others.”

One way to think about Creative Commons generally is of providing tools to prevent the failed sharing that results from relying on copyrights’ defaulting to “all rights reserved” — uses that you would allow but that will not occur because you haven’t authorized them (maybe haven’t even thought of them) and the costs of finding you and getting authorization are too high for the intended use (or maybe you’re dead and even scholarly use of your works is suppressed by your estate). This sounds dry, but think about the anti-network effects of failed sharing at the level of a society, and the costs are large indeed. Some have realized that too much use of NC licensing suppresses uses that a licensor who wants to share may wish to allow, at a cost to NC licensors and licensees and a greater cost to communities and the broader free culture movement — failed sharing, though at a much smaller scale than the failed sharing engendered by default copyright. The Definition of Free Cultural Works website includes an article summarizing reasons to avoid NC licenses (and use a free license such as CC BY or CC BY-SA). If you’re concerned about the costs of NC licensing to yourself, the free culture movement, or society at large, review the arguments and consider “dropping -NC” from your license.

The potential negative impact and corresponding lack of use of noncommercial licensing differs across fields. For example, noncommercial licenses do not exist at all in the free and open source software world (note that CC recommends using a free and open source software license for software). Science and education are two large fields in which we believe that liberal licensing or the public domain are most appropriate. Unsurprisingly Wikipedia, with strong relationships with the free software, open access (scientific publishing), and open education movements, mandates liberal licensing, and many other massively collaborative projects are following.

However, compelling use cases for NC licensing remain — most obviously when an existing significant revenue stream from a work would be compromised by release under liberal terms. Giving your audience legal certainty that they won’t be prosecuted for doing what comes naturally from using digital networks — copying and remixing for no commercial gain or monetary exchange — while exploring the sharing economy and still protecting existing business — these are great reasons to start or continue releasing works under a NC license. It is little surprise that major music and book publishers’ use of CC licensing thus far has almost exclusively been of the NC variety.

How to participate in the discussion

There are a variety of ways you can participate in discussion of this study, the future of CC NC licenses and accompanying material, and future research on this and other topics related to voluntary sharing:

• Leave a comment on this blog post.
• Add to the study’s Talk page on the wiki.
• Discuss on the CC Forum or cc-community mailing list.
• Subscribe to the very low volume cc-licenses mailing list to be alerted when the 4.0 process commences.
• Join the commons-research list to connect with researchers studying free culture topics.
• Send a comment to noncommercial@creativecommons.org

Thanks to everyone who has contributed in any way to this work!

Noncommercial study interim report; “user” questionnaire closes May 5!

Mike Linksvayer, May 1st, 2009

Recently we launched the second round of a questionnaire on noncommercial use, this one focusing on users. Read that post for details, or hop directly to the questionnaire, which takes 15-25 minutes to complete. The questionnaire will be open through May 5.

We’ll be publishing preliminary data (note: free text answers will be removed for privacy) and reports from the first round after this second questionnaire is closed — as well as some thoughts from CC on noncommercial licensing that won’t be any news to anyone who has followed really closely this blog, the initiatives of our science and education programs, and our CEO Joi Ito’s speeches. Many thanks to everyone who has asked about study results so far. We’re getting information out as quickly as possible, given how busy we are, and not wanting to interfere with this round of data collection. Of course as mentioned previously a full report on the entire study will be available in July.

To whet your appetite (and hopefully encourage your participation in the current questionnaire), we’re releasing preliminary slides (.pdf) reporting on interesting data gathered in the first round that won’t influence the current round — on the profiles and activities of a random panel of U.S. content creators and those of “CC Friends & Familiy”, i.e., people who took the first questionnaire as publicized from the CC website — a self-explanatory slide from that set is to the right, as well as a list of questions asked in the first round (.ods), as some of you have requested.

Please contribute to this research — take the questionnaire on noncommercial use for users — and spread the word. You have through May 5!

Update: The questionnaire closes 6PM Pacific on May 5. That’s 01:00 GMT on May 6.

Second Round of the Noncommercial Use Study — “User” Questionnaire Launched

Mike Linksvayer, April 15th, 2009

Creative Commons is launching the second and final round of a survey intended to collect information on how people understand the term “noncommercial use”. As previously announced, this study is funded by The Andrew W. Mellon Foundation, and we are fortunate to have the help of a distinguished group of advisors and colleagues.

During the first phase of the study, which took place last fall, we focused on talking with and surveying creators, using a questionnaire that was fielded to a sample of US-based content creators, and also made available (in an expanded version) to anyone interested. See 1, 2, 3.

Now we want to hear about noncommercial use from the user’s perspective — recognizing of course that the creator/user distinction is itself worthy of study! Whether you consider yourself a member of the Creative Commons community, or are interested more generally in copyright, we hope you will respond. While answering all the questions can take a while, particularly if you have a lot to say, many people who participated last time found it an interesting and useful experience.

Note that we could not incorporate as many suggestions from the previous questionnaire (see comments on posts linked above) as we would have liked due to the structure of the study — we want to be able to compare data from the two phases of research, and to be able to do that, we have to retain the wording of certain concepts and questions.

While to our knowledge this is the first empirical research project to tackle understanding how people define “noncommercial use”, we hope it is only the first of many efforts to explore the many dimensions of the subject. We will release the raw empirical data collected and some early reports from the first (creator) questionnaire next week, and will release a report on the full study and all data this summer. We hope others will be able to mine and build on this data.

If you’ve read this far, we know you have an opinion, and we hope you understand that we’re trying to provide a way for you to share that opinion. What are your views? Please help us make the data set as robust as possible! Take the questionnaire (allow 15-25 minutes), and help us tell others about it.

Questions about the study or this poll may be sent to noncommercial@creativecommons.org.

Is Gatehouse’s Complaint a Problem for Creative Commons?

Fred Benenson, January 23rd, 2009

You may have heard about Gatehouse Media suing the New York Times Co. over the linking of Creative Commons licensed news stories on the Times’ Boston.com. Zachary Seward over at the Nieman Journalism Lab has been covering the various developments of the case and most interestingly, an e-mail from Howard Owens (whom we highlighted in our original post on Gatehouse media adopting CC) where he points out that:

… a few graphs and a link back to our site isn’t a Creative Commons issue, but a fair use issue, and they would probably win on that one.

Today, however, Seward posted a piece on how CC’s NonCommercial license plays into the case. Featuring an interview with David Ardia of The Citizen Media Law Project at Harvard’s Berkman center, Seward suggests that the issues CC is currently investigating surrounding NonCommercial complicate the case.

We respectfully disagree.

Put simply, we do not believe that CC licenses, or our research on the definition of NonCommercial are relevant to Gatehouse’s complaint. The real debate is about fair use — just as Howard Owens pointed out in his e-mail to other Gatehouse staff. Creative Commons licenses do not prohibit fair uses of CC licensed content. This means that a NonCommercially licensed work (such as Gatehouse’s) can be used commercially so long as the use is fair.

Is The NY Times Co. using Gatehouse’s content fairly by linking to it using snippits and headlines? We’ll leave that up to the courts to decide, but if the famous Perfect 10 v. Google Inc. case is any indicator, condensing and linking content by third parties has been upheld as a fair use in court already. There are obviously differences between the Perfect 10 case and this one, but if the Gatehouse claim were upheld, it would do far more damage to fair use than Creative Commons ever could.

The EFF reports that the trial is set to begin on Monday. Watch their page dedicated to the case for further developments.

UPDATE: The suit has been settled, download the joint statement here. Also, it should be noted (as Gatehouse counsel has pointed out below), that Howard Owen’s original e-mail was not in fact referencing the NYTimes’ usage of Gatehouse CC’d content, but another party’s use of it.

NonCommercial study focus groups next month: SF, NYC, and online

Jennifer Yip, January 20th, 2009

As previously announced, Creative Commons is researching “noncommercial use”. Last year we conducted a number of focus groups and fielded a survey (thank you everyone who responded!) designed to collect information about how creators understand the distinction between commercial and noncommercial uses of their content. Now we want to talk to people about their experience as users of content they find online, regardless of whether the content is licensed under a CC license, with or without the NC term, or even licensed at all.

We hope to connect with individuals and organizations from a variety of communities and industries, using a variety of content, in many different media. We seek insight and experience, not any endorsement of Creative Commons, its licenses, or any particular perspective.

We are currently scheduling a limited number of in-person focus groups, to be held in New York City, on Thursday, February 12, and San Francisco, on Tuesday, February 17. In order to get input from persons who live outside these regions, we are also conducting a limited number of online bulletin board type focus groups, which will take place over the course of three days, from Wednesday, February 18 through Friday, February 20. The time commitment for both the in-person and online focus groups is approximately two hours. Please note and understand that all groups, including the online focus groups, will be conducted in English. Unfortunately, we are not able to cover any travel or other expenses you may have in connection with participating.

If you are interested in participating in one of these focus groups, please fill out a questionnaire, which will explain what we plan to do with the data we collect, and will also ask you for some basic background information.

There are a limited number of spaces in each focus group. Please understand that we may not be able to respond individually to everyone who fills out the questionnaire, but if you are selected to participate, we will contact you as soon as possible to confirm your participation.

Thank you for your interest and help with this study.

Report from Creative Commons’ December 2008 board meeting online

Mike Linksvayer, January 13th, 2009

CC CEO Joi Ito notes that we’ve just posted a summary of CC’s December 2008 board meeting:

Highlights included the CC Network, progress with the Free Software Foundation with respect to CC and the GFDL, CC0, integration with additional tools such as Picasa, the “Defining Noncommercial” study, partnership with the Eurasian Foundation, the fall fund-raising campaign, website updates, updates from Science Commons and ccLearn and the launch of four new jurisdictions – Romania, Hong Kong, Guatemala and Singapore.

See our June 2008 board meeting summary, or for more excitement, video of the Berkman/CC event from the night before the December board meeting. Video from the CC tech summit of the same day will be up very shortly.

NonCommercial study questionnaire extended to December 14

Mike Linksvayer, December 5th, 2008

Creative Commons is conducting a study on the meaning of “NonCommercial” and you can weigh in by answering a detailed questionnaire on the subject. We’ve extended the deadline for participation to December 14 (originally December 7) as we’re still getting healthy response via all those who blogged about the questionnaire this week.

Full disclosure: taking the questionnaire requires a significant investment of time — 15 to 25 minutes, and it isn’t an “easy” questionnaire — you’ll have to think. Unfortunately the meaning of “NonCommercial”, or at least people’s understanding of the term, is a nuanced issue (we’ll see what the results actually say about that, after analysis), requiring nuanced, even difficult questions to tease out the sub-issues. So a huge thanks to those who have participated, and thanks in advance to those who will. If you’re ready, go on and take the questionnaire.

For a bit of further background, see our previous post on the questionnaire.

Thank you!

Urgent: Your input needed for “NonCommercial” questionnaire

Mike Linksvayer, December 2nd, 2008

As previously announced, we’re running a questionnaire on understanding “NonCommercial” use. The questionnaire runs through December 714. It takes 15-25 minutes to complete.

Click here to start the questionnaire.

Your input is greatly appreciated. CC CEO Joi Ito explains:

“The study has direct relevance to Creative Commons’ mission of providing free, flexible copyright licenses that are easy to understand and simple to use,” said Creative Commons CEO Joi Ito. “The NC term is a popular option for creators choosing a Creative Commons license, and that tells us the term meets a need. However, as exponentially increasing numbers of works are made available under CC licenses, we want to provide additional information for creators about the contexts in which the NC term may further or impede their intentions with respect to the works they choose to share, and we want to make sure that users clearly understand those intentions. We expect the study findings will help us do a better job of explaining the licenses and to improve them, where possible. We also hope the findings, which will be made publicly available, will contribute to better understanding of some of the complexities of digital distribution of content.”

You can also help by sending your friends and colleagues to the questionnaire.

If you don’t have time to help CC in this way, remember that we’re in the midst of our annual fundraising campaign.

Contributing in both ways would be ideal. :-)

CC licenses are an important^* part of the digital infrastructure and debate. Your financial contributions and your feedback are both crucial to the ongoing development of this infrastructure.

Click here to start the questionnaire.

^* The ‘important’ link above points out a recent extraordinarily important and visible use of the CC BY license, which does not include the NC term. As Joi points out in the quote above, we also want to provide information about contexts in which NC is not appropriate. So please take the questionnaire if you care about public copyright licenses, even if you don’t like or don’t use ones with the NonCommercial term. Thanks!

Non-Commercial study questionnaire

Mike Linksvayer, November 25th, 2008

As previously announced, Creative Commons is studying how people understand the term “noncommercial use”. At this stage of research, we are reaching out to the Creative Commons community and to anyone else interested in public copyright licenses – would you please take a few minutes to participate in our study by responding to this questionnaire? Your response will be anonymous – we won’t collect any personal information that could reveal your identity.

Because we want to reach as many people as possible, this is an open access poll, meaning the survey is open to anyone who chooses to respond. We hope you will help us publicize the poll by reposting this announcement and forwarding this link to others you think might be interested. The questionnaire will remain online through December 714 or until we are overwhelmed with responses — so please let us hear from you soon!

Questions about the study or this poll may be sent to noncommercial@creativecommons.org.