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 »
While we gear up for the CC Global Summit that is just a week away, governments around the world continue to open up their data and adopt policies for maximum transparency and citizen engagement.
Open government developments in Austria, New Zealand, and Australia
In Austria, the City of Vienna, along with the Chancellor’s Office and the Austrian cities of Linz, Salzburg and Graz, coordinated their activities to establish the Cooperation OGD (Open Government Data) Austria. In its first session, the group agreed to eight key points, the first of which was, "All public administration will be free under a Creative Commons Attribution License (CC BY 3.0), meaning it can be reused and shared for any purpose, with only attribution necessary.” Read more.
In New Zealand, the Ministers of Finance and Internal Affairs adopted a statement detailing a new Declaration on Open and Transparent Government that directs, encourages, and invites various departments, state services agencies, and state sector agencies to commit to releasing high value public data actively for re-use, in accordance with the Declaration and Principles, and in accordance with the NZGOAL Review and Release process. Read more.
In Australia, AusGOAL, the nationally endorsed Australian Governments Open Access and Licensing Framework, recommends the suite of CC licenses for copyrighted material and the CC Public Domain Mark for non-copyrighted material. Read more. CC Korea also recently translated the excellent Australia Gov 2.0 Taskforce Report to further open government in their own region.
In other news:
- $20,000 is available via the Open Textbook Challenge by the Saylor Foundation. If a textbook is submitted and accepted for use with Saylor.org's course materials, then the copyright holders receive $20,000 while the referrer receives $250.
- Our affiliates in Europe have published a new dossier on the EU sound recording copyright extension.
- We also filed brief comments for the EC consultation on scientific information in the digital age.
- In response to the Moore Foundation's call for community feedback, we developed this idea on Data Governance. We hope you participate and vote, and not just on our idea — participation in processes like this is a great way to increase their usage by foundations in making funding choices that can benefit the commons.
- The Technical Working Group is underway for the Learning Metadata Resource Initiative (LRMI). EdTechMag recently covered LRMI in this great article. To learn more, sign up for the first in a series of webinars on LRMI.
- We documented the present state of CC licensing options in a summary on CC Labs.
- And we updated our Kickstarter page with a couple new CC licensed projects seeking sustenance. Check it out, and let us know if you are using CC for a project with an upcoming deadline.
In the past few months, the Australasian region has seen several developments building on their commitments to open government.
Last week in New Zealand, the Ministers of Finance and Internal Affairs adopted a statement detailing a new Declaration on Open and Transparent Government. The Declaration has been approved by Cabinet, and directs all Public Service departments, the New Zealand Police, the New Zealand Defence Force, the Parliamentary Counsel Office, and the New Zealand Security Intelligence Service; encourages other State Services agencies; and invites State Sector agencies to commit to releasing high value public data actively for re-use, in accordance with the Declaration and Principles, and in accordance with the NZGOAL Review and Release process. More information on this statement can be found at the CC Aotearoa New Zealand blog.
NZGOAL, the New Zealand Government Open Access and Licensing Framework, is administered by Creative Commons Aotearoa New Zealand, and is a guide for those using the New Zealand Government Open Access and Licensing Framework, which “recommends the Creative Commons BY licence as a default licence when releasing government held content and data for reuse.” NZGOAL is under a default CC BY license. Success stories of implementation via this framework are documented at opendatastories.org.
Meanwhile, AusGOAL, the Australian Governments Open Access and Licensing Framework is nationally endorsed and administered by the Cross-Jurisdictional Chief Information Officers Committee, and “provides support and guidance to government and related sectors to facilitate open access to publicly funded information.” AusGOAL is also under a default CC BY license, while recommending the suite of CC licenses for copyrighted material and the CC Public Domain Mark for non-copyrighted material.
Much of this has already been roughly documented on our wiki page, Government use of Creative Commons. Please feel free to add to this page any missing use cases or details as they come up.
Lastly, we would like to leave you with another relatively recent development by CC New Zealand — this fun animation video explaining the CC licenses called, Creative Commons Kiwi.Comments Off
The Moore Foundation has called for community feedback on where to invest in the area of data-intensive science. We’ve submitted our own idea — data governance — and would love your feedback and support for the idea. We have been exploring data governance issues, including data licensing, since 2004 in our science work, and we’re planning to make data governance a priority across the Creative Commons organization going forward.
Data governance is more than just licensing. It’s the system of decision rights and accountabilities for data-related processes that describe who can take what actions with what information, and when, under what circumstances and using what methods. Our work on the Neurocommons project — using web standards to mark up copyright licenses and developing technological infrastructure to make the commons searchable and usable — all inform our ideas on data governance.
We are actively planning for a major project in data in 2012, and look forward to hearing your thoughts and ideas. Please register and vote, and not just on our idea — participation in processes like this is a great way to increase their usage by foundations in making funding choices that can benefit the commons.Comments Off
The Open Knowledge Foundation’s annual conference, OKCon, is next week in Berlin. They’ve put together an amazing program featuring some of the most exciting projects and speakers in the free/libre/open universe beyond software — though free software is not unrepresented — Richard Stallman is giving what should be an extremely interesting talk on Free/Libre Software and Open Data.
I’m very happy that CC’s policy coordinator, Timothy Vollmer, will be co-presenting with the OKF’s Jordan Hatcher on Open Data Licensing. This follows up on my and Jordan‘s presentations at the Share-PSI workshop in May.
I would also like to highlight sessions by CC project leads from France, Guatemala, and Poland:
- Communia, the international association on the digital public domain (Melanie Dulong de Rosnay)
- Taking the pulse of global Initiatives using technology to promote transparency and accountability (Renata Avila)
- On the road to open data in Poland – where are we now? (Alek Tarkowski)
Go if you can!Comments Off
You are invited to attend a workshop titled Open Government: Open Data, Open Source and Open Standards, organized jointly by Dr. Hanif Rahemtulla, Horizon Digital Economy Research and Puneet Kishor, Creative Commons. The workshop will be held in conjunction with the annual Open Source GIS (OSGIS) Conference on June 21, 2011 in Nottingham, United Kingdom, and will take place at the School of Geography/Centre for Geospatial Science at the University of Nottingham.
This workshop builds on the Law and the GeoWeb workshop held recently at Microsoft Research, Redmond, WA, and will bring together speakers from across industry, research and academia to contribute toward some of the fundamental theoretical and technical questions emerging in the Open Data space (i.e., how to mark up and release open data; licensing models for governments and how to interface them to other open source and commercial licensing regimes; conflicts between data protection and transparency and structuring access to data by different groups).
The following speakers and topics have been confirmed:
- Dr. Peter Mooney, Geotechnologies Research Group, Department of Computer Science, NUI Maynooth (NUIM), Co. Kildare. Ireland. Producing and consuming open data
- Professor David Martin, School of Geography, University of Southampton, Southampton. Mapping the UK population over time: a universe of new possibilities
- Zach Beauvais, Talis. Linked data
- Dr. Chris Parker (GeoVation and Community Propositions) and Ian Holt (Web Services), Ordnance Survey, Southampton. Tackling global challenges through open innovation and geographic information
- Dr. Catherine Souch, Royal Geographical Society. The Open Data revolution and data literacy in higher education
- Dr. Katleen Janssen, Interdisciplinary Centre for Law and ICT (ICRI), Katholieke Universiteit, Leuven, Belgium. Privacy and legal implications of open data
- Professor Derek McAuley, Horizon Digital Economy Research Institute, University of Nottingham. Exercising our rights over information about us
Proceedings of the Redmond and Nottingham workshops along with selected longer papers will be published in a special issue of the open access International Journal of Spatial Data Infrastructure Research published by the Joint Research Centre of the European Commission.
For more on Creative Commons and open data, see our wiki.3 Comments »
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
In addition to changing their default licensing policy from CC BY-NC to CC BY, the University of Michigan has enabled even greater sharing and reuse by releasing more than half a million bibliographic records into the public domain using the CC0 public domain dedication. Following on the heels of the British Library, who just released three million bibliographic records into the public domain, the University of Michigan Library has offered their Open Access bibliographic records for download, which, as of November 17, 2010, contains 684,597 records.
The University of Michigan Library has always been particularly advanced in regards to open content licensing, the public domain, and issues of copyright in the digital age. To learn more, see the John Wilkin’s post and help to improve the case study.
In addition, ever since we rolled out the CC0 public domain dedication, CC0 use for data has been on the increase. Check out the wiki for all current uses of CC0, and feel free to add case studies of any that are missing.Comments Off
The British Library has released three million records from the British National Bibliography into the public domain using the CC0 public domain waiver. The British National Bibliography contains data on publishing activity from the United Kingdom and the Republic of Ireland since 1950. JISC OpenBibliography has made this set downloadable at CKAN; in addition, the Internet Archive also offers the data for download.
This is a tremendous move on behalf of the British Library and the JISC OpenBibliography project, and we would like to congratulate them on their contributions to open data. From the JISC OpenBibliography project blog,
“Agreements such as these are crucial to our community, as developments in areas such as Linked Data are only beneficial when there is content on which to operate. We look forward to announcing further releases and developments, and to being part of a community dedicated to the future of open scholarship.”
For more information, see the case study on the British Library–and help us add to and improve it!Comments Off
David Bollier writes in Viral Spiral, “Governments are coming to realize that they are one of the primary stewards of intellectual property, and that the wide dissemination of their work—statistics, research, reports, legislation, judicial decisions—can stimulate economic innovation, scientific progress, education, and cultural development” (192). The collection, creation and publishing of data has been increasingly central to government transparency and interaction with the public. Governments release datasets on census information, weather and geospatial data, food safety and product recall information, and data on foreign commerce and economic aid. In the United States there is now over 300,000 datasets made available to the public for consumption and innovative reuse via website mashups, mobile applications, and other uses.
Earlier this week open data and open government advocates gathered at the Department of Commerce in Washington, D.C. for the first International Open Government Data Conference. The purpose of the conference was “to gather the community of data owners, developers and policy makers from around the globe to share lessons learned, stimulate new ideas, and demonstrate the power of democratizing data.” The conference hosted a wide variety of speakers, including U.S. leaders like Chief Information Officer Vivek Kundra, Chief Technology Officer Aneesh Chopra, and Deputy Chief Technology Officer and Director of the Open Government Initiative Beth Noveck. There was also substantial international participation, including Sir Tim Berners-Lee, Director of the W3C and founder of the World Wide Web. Of particular interest to Creative Commons was the participation by Keitha Booth and Richard Best from New Zealand and Anne Fitzgerald and Trevor Smallwood from Australia. New Zealand and Australia have been leaders in using Creative Commons tools in sharing government information and datasets.
The open government movement has been building around the world. In the United States, the most recent catalyst of this work grew out of President Obama’s Memorandum on Transparency and Open Government, which described the overarching principles for government operation: transparency, participation, and collaboration. Obama’s memo lead to the development of the Open Government Directive, charging government agencies to 1) publish government information online, 2) improve the quality of government information, 3) create and institutionalize a culture of open government, and 4) create an enabling policy framework for open government. The United States government efforts are collectively called the Open Government Initiative. Open government data initiatives hinge on the theory that government data should be made available to the taxpayers who paid for its creation.
New Zealand presentations
Keitha Booth is the Program Leader of the Open Government Information and Data Programme in New Zealand. She talked about the New Zealand Government Open Access and Licensing Framework, or NZGOAL, for short. NZGOAL was developed as a solution to some of the problems the government encountered in sharing its information. NZGOAL recommends the Creative Commons Attribution (CC BY) license by default for works under Crown Copyright and also incorporates “no-known rights” statements for materials free of copyright. Keitha also talked about data.govt.nz, a directory of publicly-available, non-personal New Zealand government datasets. That site is licensed CC BY.
Richard Best, New Zealand Solicitor of Government Technology Services in the Department of Internal Affairs, spoke about the process behind the adoption of NZGOAL. Through consultation with various agencies, Richard discovered that policymakers and staff needed guidance on key aspects of copyright and wanted explicit procedures about how to implement the open licensing framework. He described that while the NZGOAL policies are not mandatory, cabinets and agencies must familiarize themselves with the process. Richard mentioned that while NZGOAL default license is CC BY, other Creative Commons licenses are allowed as long as agencies can justify the additional licensing conditions.
Anne Fitzgerald is Professor in Law Research at the Queensland University of Technology Law School. Anne spoke about the importance of managing rights in the process of opening up government data, and described how the Australian government leverages Creative Commons licensing in its open government framework. At the outset, Anne noted a key distinction between Australian and U.S. law. While works created by the United States Government are free of copyright restrictions within the U.S., the Australian government asserts Crown Copyright over the works it creates. This applies to informational works, research reports and databases, cultural materials, and other public sector information (PSI). Professor Fitzgerald said that the advantages of using Creative Commons licenses are aligned with the government’s recognition of copyright in the materials it creates, while at the same time supporting its open access policy objectives and avoiding financial and technical locks around taxpayer-funded resources.
Trevor Smallwood, Assistant Secretary of Cyber-Security in the Australian Government Information Management Office, spoke about some of the open government and open data initiatives in Australia that leverage Creative Commons licensing. For instance, the Australian Department of Finance and Deregulation releases the budget, government briefs, and data.gov.au content under the Creative Commons Attribution (CC BY) license. Other initiatives such as the Polar Information Commons, Department of Broadband, and Australian Parliament use open licensing too.
Keitha and Trevor’s presentation slides can be downloaded at the conference site or directly (PDF) here. Anne’s presentation slides can be downloaded at the conference site or directly (PDF) here. Richard’s presentation is available here.
We’ve been reporting on how governments have been demonstrating leadership in openness with Creative Commons. In addition to the New Zealand and Australia projects mentioned above, we’ve been collecting other examples on our wiki of how countries and intergovernmental organizations are adopting open licensing and public domain tools to provide increased access to government information and other public sector information. If you know of other initiatives, please add them to this wiki page.Comments Off