Yesterday marked the launch of the Authors Alliance, a nonprofit organization that supports authors who want “to harness the potential of digital networks to share their creations more broadly in order to serve the public good.”
In an interview with Publisher’s Weekly, Authors Alliance founder Pamela Samuelson explained that the Authors Alliance will have a few different roles. Inwardly, the group will “provide authors with information about copyrights, licensing agreements, alternative contract terms,” and other practical legal information so that they can make their works widely and openly available. And externally, the Alliance will “represent the interests of authors who want to make their works more widely available in public policy debates,” and advocate for these reforms alongside like-minded public interest organizations.
The Authors Alliance was developed by Samuelson and several of her colleagues at the University of California Berkeley including Molly Van Houweling, Carla Hesse, and Thomas Leonard. The Alliance also has an advisory board made up of pre-eminent scholars, writers, and public interest advocates, including several members of the Creative Commons board of directors. The Authors Alliance is now accepting new members.
The Alliance has already developed a set of copyright reform principles, outlining its vision for changes to copyright law to support authors who write to be read.
We have formed an Authors Alliance to represent authors who create to be read, to be seen, and to be heard. We believe that these authors have not been well served by misguided efforts to strengthen copyright. These efforts have failed to provide meaningful financial returns to most authors, while instead unacceptably compromising the preservation of our own intellectual legacies and our ability to tap our collective cultural heritage. We want to harness the potential of global digital networks to share knowledge and products of the imagination as broadly as possible. We aim to amplify the voices of authors and creators in all media who write and create not only for pay, but above all to make their discoveries, ideas, and creations accessible to the broadest possible audience.
The principles include:
- Further empower authors to disseminate their works.
- Improve information flows about copyright ownership.
- Affirm the vitality of limits on copyright that enable us to do our work and reach our audiences.
- Ensure that copyright’s remedies and enforcement mechanisms protect our interests.
At the core, the Authors Alliance and Creative Commons share a similar goal: to provide useful resources and tools for creators who aren’t being served well by the existing copyright system. We’re excited to work with the Alliance on issues that support authors who write to be read–and the public interest for whom these authors create.Comments Off
Update: The amendment to Section 303 was adopted.
Can it be salvaged to promote public access to federally funded research?
In March we wrote about the introduction of the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The aim of the FIRST Act is to promote the dissemination of publicly funded scientific research. But the contentious Section 303 of the bill rolls back some of the most common policies governing existing research investments.
If passed in its current state, the FIRST Act would extend embargoes to federally funded research articles to up to three years after initial publication. This means that commercial publishers would be able to control access to publicly funded research during this time, and the public would not have free public access to this research. Even the longstanding NIH Public Access Policy tolerates embargoes no longer than 12 months. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
The FIRST Act would allow grantees to fulfill access requirements by providing a link to a publisher’s site instead of requiring deposit in a federally-approved repository. Currently NIH research grantees must deposit in the PubMed Central repository. The reliance on publishers to make (and keep) the research available jeopardizes the long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved.
The FIRST Act would permit affected agencies to spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Public Access Directive and Omnibus Appropriations Act.
The bill was previously was discussed in the subcommittee of the House Committee on Science, Space, and Technology. The passage of the FIRST Act with the Section 303 language as-is would harm existing as well as proposed public access policies in the United States. Today during the full committee markup of the bill Representatives James Sensenbrenner (R-WI) and Zoe Lofgren (D-CA) will introduce an amendment that would improve Section 303.
The Sensenbrenner/Lofgren amendment would change the embargo to 12 months, with the possibility that under certain circumstances the embargo could be extended for an additional 6 months. The amendment still does not require that federally-funded research articles be deposited in an approved repository. But it would shorten the length of time agencies get to develop and implement their public access plans. Affected agencies would need to develop a public access plan and report to Congress within 90 days. And the plans would need to be implemented within a year. One interesting piece of the amended Section 303 is that after an initial three-month planning period, the agencies would be required to submit an analysis on whether covered works should be made available under an open license.
Such report shall include an examination of whether covered works should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner.
There’s still time for you to call members of the House Science, Space and Technology Committee and tell them to support the Sensenbrenner/Lofgren Section 303 amendment. The amendment is a step in the right direction to truly supporting public access to publicly funded research in the United States.Comments Off
Today we’re excited to announce the launch of the Open Policy Network. The Open Policy Network, or OPN for short, is a coalition of organizations and individuals working to support the creation, adoption, and implementation of policies that require that publicly funded resources are openly licensed resources. The website of the Open Policy Network is http://openpolicynetwork.org.
Increasingly, governments around the world are sharing huge amounts of publicly funded research, data, and educational materials. The key question is, do the policies governing the procurement and distribution of publicly funded materials ensure the maximum benefits to the citizens those policies are meant to serve? When open licenses are required for publicly funded resources, there is the potential to massively increase access to and reuse of a wide range of materials, from educational content like digital textbooks, to the results of scholarly research, to troves of valuable public sector data. The $2 billion U.S. Department of Labor TAACCCT grant program is an example of a policy whereby publicly funded education and training materials are being made available broadly under an open intellectual property license.
There is a pressing need for education, advocacy, and action to see a positive shift in supporting open licensing for publicly funded materials. The Open Policy Network will share information amongst its members, recruit new advocates, and engage with policymakers worldwide. The OPN members are diverse in content area expertise and geographic location. Creative Commons is a part of the Open Policy Network because we believe that the public deserves free access and legal reuse to the the resources it funds. With simple policy changes — such as requiring publicly-funded works be openly licensed and properly marked with easy-to-understand licensing information — the public will be better able to take advantage of their rights to access and reuse the digital materials developed with taxpayer funds.
With today’s launch of the Open Policy Network, we’re announcing our first project, the Institute for Open Leadership. Through a weeklong summit with experts, accepted fellows will get hands-on guidance to develop a capstone project for implementation in their organization or institution. The Institute for Open Leadership will help train new leaders in education, science, and public policy fields on the values and implementation of openness in licensing, policies, and practices.Comments Off
Today the White House released the U.S. Open Data Action Plan, reaffirming their belief that “freely available data from the U.S. Government is an important national resource… [and] making information about government operations more readily available and useful is also core to the promise of a more efficient and transparent government.” The report (PDF) outlines the commitments to making government data more accessible and useful, and documents how U.S. federal agencies are sharing government information. From a legal standpoint, some agencies have decided to place their datasets into the worldwide public domain using the CC0 Public Domain Dedication. This means that all copyright and related rights to the data are waived, so it may be used by anyone–for any purpose–anywhere in the world–without having to ask permission in advance–and even without needing to give attribution to the author of the data.
Use of CC0 for U.S. government works has always been a challenging topic for federal agencies. This is due to the hybrid nature of copyright for government works under Section 105 of U.S. copyright law. That statute guarantees that U.S. government works do not receive copyright protection–they are in the public domain. However, while these works are not granted copyright protection inside the U.S., the legislative history of the law notes that the works may receive copyright protection outside of U.S. borders:
The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad. Works of the governments of most other countries are copyrighted. There are no valid policy reasons for denying such protection to United States Government works in foreign countries, or for precluding the Government from making licenses for the use of its works abroad.
Historically, the U.S. government has been apprehensive to apply CC0 to federal government works, because the CC0 Public Domain Dedication is a tool to waive copyright and neighboring rights globally. At the same time, it’s clear that many high-value U.S. government datasets, such as the weather data produced by the National Oceanographic and Atmospheric Administration (NOAA), are being widely (and freely) used by meteorological and research organizations around the world. It seems that in the vast majority of cases, the U.S. federal government doesn’t wish to leverage its copyrights abroad. So perhaps it makes sense to simply clarify that these works will be made available in the worldwide public domain using a standard tool such as CC0. While we had some initial questions about acceptable licenses for federal government information, it seems that agencies are moving in the right direction in utilizing the public domain dedication, as opposed to the other copyright licensing tools that were laid out in Project Open Data.
In addition to showcasing federal agencies that are using CC0 on some of the datasets it’s releasing, the U.S. Open Data Action Plan document itself is also published under CC0.
As a work of the United States Government, this document is in the public domain within the United States. Additionally, the United States Government waives copyright and related rights in this work worldwide through the CC0 1.0 Universal Public Domain Dedication.
Over the last several years, many have called upon the federal government to adopt CC0 for U.S. government works. Most recently, a group of advocates drafted recommendations urging federal agencies to release federal government works, contractor-produced works, and primary legal materials into the into the worldwide public domain under CC0. Today’s announcement is a move in the right direction for data re-users in the United States and beyond.1 Comment »
This week the U.S. House Representatives introduced H.R. 4186, the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The stated goal of the proposed law — “to provide for investment in innovation through scientific research and development, [and] to improve the competitiveness of the United States — is worthy and well received. But part of the bill (Section 303) is detrimental to both existing and proposed public access policies in the United States.
Section 303 of the bill would undercut the ability of federal agencies to effectively implement the widely supported White House Directive on Public Access to the Results of Federally Funded Research and undermine the successful public access program pioneered by the National Institutes of Health (NIH) – recently expanded through the FY14 Omnibus Appropriations Act to include the Departments Labor, Education and Health and Human Services. Adoption of Section 303 would be a step backward from existing federal policy in the directive, and put the U.S. at a severe disadvantage among our global competitors.
The White House Directive, NIH Public Access Policy, Omnibus Appropriations Act, and the proposed Fair Access to Science and Technology Research Act (FASTR) all contain similar provisions to ensure public access to publicly funded research after a relatively short embargo (6-12 months). These policies make sure that articles created and published as a result of federal funding are deposited in a repository for access and preservation purposes. In addition, the policies provide for a reasonable process and timeline for agencies to development a plan to comply with the public access requirements.
The FIRST Act would conflict with each of these practices. Instead, if enacted it would permit agencies that must comply with the law to:
- Extend embargoes to federally funded research articles to up to 3 years after initial publication, thus drastically increasing the time before the public has free public access to this research. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
- Fulfill access requirements by providing a link to a publisher’s site. However, this jeopardizes long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved. A better outcome would be to ensure that a copy is deposited in a federally-controlled repository.
- Spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Directive and Omnibus Appropriations Act.
This bill is scheduled to be marked up in the House Committee on Science, Space, and Technology tomorrow, March 13.
But there are better alternatives, both in existing policy (e.g. White House Directive), and in potential legislation (e.g. FASTR). Here’s what you can do right now:
- Send a letter to members of the House Science, Space and Technology Committee opposing Section 303 of the FIRST Act.
- Use the SPARC action center to customize and send letters directly to your legislators. Tweet your opposition to Section 303 of the FIRST Act, or post about the bill on Facebook.
- Write a letter to the editor or an op-ed for your local or campus newspaper. You can write directly to them or by using the SPARC legislative action center.
- Share this post with your colleagues, labs, friends and family.
Getty Images recently announced that it will allow free noncommercial embedding of 35 million of the images in its stock photography database. This is a good step toward better supporting a variety of users. Getty is clearly seeing its images appear across the web anyway, so it’s decided to go down the embed road, similar to how other content providers like YouTube handle the media they host. By requiring embedding, Getty will be able to track where its photos are being used online, and reserves the right to display advertisements. The announcement demonstrates a general understanding that Getty needs to meet users halfway in providing content in ways that is affordable, useable, and aligned with how people wish to share online today. At the same time, users may run into roadblocks in using Getty content, and openly-licensed resources could provide a straightforward alternative.
The Getty terms also state that images “may not be used … for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship…”. The British Journal of Photography, in an interview with Getty Images representative Craig Peters, clarifies Getty’s interpretation of the boundaries of noncommercial use.
Blogs that draw revenues from Google Ads will still be able to use the Getty Images embed player at no cost. “We would not consider this commercial use,” says Peters.
Creative Commons has maintained a static definition of noncommercial use in its licenses over the years (which has earned its share of criticism). In license version 4.0 “NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.”
The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms.
Finally, the Getty terms prohibit uses “outside of the context of the Embedded Viewer”, which means that you can’t use the Getty images in remixes, videos, or really anywhere that doesn’t use embeds. On the other hand, CC-licensed images permit reuse in any medium. The licenses grant users authorization to exercise their rights under the license “in all media and formats … and to make technical modifications necessary to do so.”
It’s good that Getty Images is providing free online access to millions of images. But the advantages of CC-licensed photos is clear: users can’t have the content pulled out from underneath them, the images can be used for any reason in any format, and in many cases images are licensed for broad reuse and modification. And remember, there’s a huge trove of Creative Commons-licensed images out there too (not to mention millions of photographs in the public domain for use without any restrictions whatsoever!). Flickr now contains over 300 million CC-licensed photos. Wikimedia Commons hosts over 20 million multimedia files (a large proportion which are openly-licensed photographs being used on Wikipedia). Or even check out Google Images or Bing to easily discover CC-licensed images.4 Comments »
Yesterday the European CC Leads have under their regional identity CC Europe responded (PDF) to the ‘Public consultation on the review of the EU copyright rules’, run by the EU Commission through its Internal Market and Services Directorate. Like several other groups, the CC Leads have stressed the need for more robust and flexible exceptions and limitations throughout the region, especially regarding transformative uses in general and educational uses in particular. They also urge the EU Commission to find ways for copyright law in Europe to better recognize creator’s wishes to contribute to the ‘voluntary Public Domain’ through legal tools like CC0. They also highlighted once more the fact that CC Licenses are a patch for certain aspects of the copyright system but not a fix that substitutes legislative action. According to the Commission, all responses to the 80 question consultation will be published at some point in the future.Comments Off
Creative Commons would like to invite you to a breakfast discussion “Really Open Education. Domestic Policies for Open Educational Resources”. The event will take place on the 18th of February 2014 and be hosted in the European Parliament by Róża Gräfin von Thun und Hohenstein, MEP.
The event will highlight open education initiatives currently implemented in European member states, with a particular focus on primary and secondary education. With the event, we would like to draw the attention to the development and use Open Educational Resources as a key aspect of the new “Opening Up Education” initiative.
Invited panelists will present projects that deal with open e-textbooks and supplemental resources, repositories for open resources created by teachers, and policies developed in support of open education initiatives. We aim these examples to support the development of open education in Europe within the scope of current educational initiatives and programs, such as Erasmus+.
Program of the event
Róża Gräfin von Thun und Hohenstein, MEP
Presentations of country-level activities and key issues related to Open Educational Resources:
- Hans de Four (KlasCement, Belgium): the role of KlasCement, an open educational resources repository, in Belgian education;
- Teresa Nobre (Creative Commons Portugal): legal aspects of Open Education, in the perspective of EU copyright reform;
- Robert Schuwer (UNESCO Chair on OER, Open Universiteit, Netherlands): development of Open Education in the Netherlands;
- Krzysztof Wojewodzic (Centre for Educational Development, Poland): Polish open e-textbooks project and the „Digital School” program.
Presentation of the “Opening Up Education” Initiative:
Ricardo Ferreira (DG Education and Culture, European Commission)
Questions and answers.
The meeting will be moderated by Alek Tarkowski (European Policy Advisor, Creative Commons).
The event will take place on the 18th of February (Tuesday) at 8.15-10.00, in the Members’ Salon, Altiero Spinelli Building, European Parliament.
Please note that badges are needed to enter the European Parliament building. Badges will be handed out to participants at the Place du Luxembourg entrance. Persons with European Parliament badges should enter through the rue Wiertz entrance (closer to the salon).
If you plan attending the event, please RSVP by sending email to: firstname.lastname@example.org
Update: The bill was signed by President Obama January 17, 2014.
Both the U.S. House of Representative and Senate have passed the 2014 omnibus appropriations legislation (2.9 MB PDF). President Obama is expected to sign the bill shortly.
What’s so special about this legislation? Federal agencies with research budgets of at least $100 million per year will be required provide the public with free online access to scholarly articles generated with federal funds no later than 12 months after publication in a peer-reviewed journal. The agencies affected by the public access provision of the appropriations bill include the Department of Labor, Department of Education, and Department of Health and Human Services (which includes research-intensive sub-agencies such as the National Institutes of Health, Food and Drug Administration, and Centers for Disease Control and Prevention).
According to SPARC, the bill “ensure[s] that $31 billion of the total $60 billion annual U.S. investment in taxpayer-funded research is now openly accessible.”
The inclusion of the public access provision builds upon existing initiatives, such as the NIH Public Access Policy. And it echoes the more recent push for public access to publicly funded research advocated through the introduction of the Fair Access to Science and Technology Research Act (FASTR) and the White House directive. But with FASTR tabled in Congress last year and the federal agencies dragging their feet on complying with Obama’s public access directive (plans were due in August 2013), the passage of the 2014 spending legislation is a welcome measure for increasing access to publicly funded research.
SPARC thinks the language in the bill could be strengthened by adopting a shorter embargo period (e.g. six months), which would benefit the public without harming journal publishers. In addition, they suggest that research articles be shared via a central repository similar to PubMed Central and incorporate provisions to ensure the ability to conduct text and data mining on the entire corpus of federally-funded articles. Creative Commons and other groups have also communicated the need for not only free public access, but also access whereby publicly funded research is made available under open licenses.
Open Access icon was created by Duke Innovation Co-Lab and in the public domain.
U.S. Department of Education seal is in the public domain.
U.S. Department of Labor seal is in the public domain.
U.S. Department of Health and Human Services seal is in the public domain.
The public domain is the DNA of creativity. Whereby current copyright law requires permission in order to use a work, the public domain is a copyright-free zone whereby anyone can use the work for any purpose without restriction under copyright law. One way works rise into the public domain is when the copyright protection term expires. Over the years, copyright terms have been extended again and again, making it really difficult for creative works to enter the public domain. While most early copyright terms lasted only a few years, a majority of copyright terms today last for the duration of the life of the author + 50-100 years. Increasing copyright terms have stymied creativity, drastically raised the prices of books, and exacerbated the orphan works problem (where authors of works can no longer be located to ask permission to use a work).
But the extremely long term of copyright is not the only problem for the public domain. The contours of copyright law grant certain rights to the author automatically, and without any necessary action from the creator. This seems like a reasonable thing to do for some creators, but it doesn’t support those who simply wish to make their content freely available, or who wish to opt out of copyright in the first place.
Authors should be able to say what they want to do with their creativity. The Creative Commons license suite provides a flexible way for creators to indicate the rights they wish to grant and those they wish to retain. Creators can use the CC licenses, which are a nonexclusive license that relies on existing copyright law for enforceability. And the CC license lasts for as long as the copyright term, after which the work will then be in the public domain. The CC licenses help to lower transaction costs by communicating certain rights in advance. That way, users don’t have to hunt down authors to get their permission to use a work. The permission is granted in advance by the author, so long as the user follows the terms of the license.
Another way for works to enter the public domain is when creators proactively waive their copyrights–they can place works in the public domain before the copyright term is over. Creative Commons has developed the CC0 (read “CC Zero”) Public Domain Dedication tool to allow authors to do this. The CC0 tool is used by authors who want to release all copyrights to their work and fully break down all barriers to downstream reuse.
CC0 enables scientists, educators, artists and other creators and owners of copyright- or database-protected content to waive those interests in their works and thereby place them as completely as possible in the public domain, so that others may freely build upon, enhance and reuse the works for any purposes without restriction under copyright or database law.
The CC0 Public Domain Dedication is used widely by creators to waive all copyright and put their content in the worldwide public domain. It is used by open access publisher BioMed Central, who has adopted a policy whereby it now requires that data supporting its published articles be released into the public domain using CC0. Europeana uses CC0 to describe 30 million cultural objects in its massive collection. And even video game creative assets are being released into the public domain under CC0. And there are many more cases where creators and institutions in all fields are releasing their cultural, scientific, and educational works into the public domain.
CC0 allows authors to place their work into the public domain prior to the expiration of the copyright term. But what about works that are already in the public domain, such as really old works where it’s clear that the copyright has expired? To help label those works as already part of the public domain, CC has developed the Public Domain Mark.
[The] Public Domain Mark enables works that are no longer restricted by copyright to be marked as such in a standard and simple way, making them easily discoverable and available to others.
One particularly interesting use of the Public Domain Mark is from Europeana. Whereas Europeana uses the CC0 tool to dedicate to the public domain the metadata that describes cultural works (so anyone can use it to create interesting representations or applications), they use the Public Domain Mark to signal which of the works in their digital collection (e.g. the very old paintings, sculpture, etc.) are in the public domain already because the copyright term has clearly expired. In this way, it’s easy for users to filter the catalog to view works that are already in the public domain and which may be used for any purpose because their copyrights have expired.
Advocacy & policy change
Even with tools making it easier for authors to communicate the rights they want attached (or not) to the works they create, we need to support public policy efforts to increase access to the public domain. One such effort is led by the International Communia Association, whose mission is “to foster, strengthen and enrich the public domain.” Communia originally developed the Public Domain Manifesto (which you can sign here), and also has generated 14 policy recommendations that lay out ways that the public domain should be supported through public policy changes and community action. Recommendations include reducing the term of copyright protection overall, making the process of identifying public domain works simpler by harmonizing rules of copyright duration and territoriality, and mandating that digital reproductions of works in the public domain should also belong to the public domain.
Another way to support the public domain is to highlight and champion community-generated norms. For instance, Creative Commons has been a longtime supporter of the Panton Principles, which advocates that scientific data should be made available in the public domain.
By open data in science we mean that it is freely available on the public internet permitting any user to download, copy, analyse, re-process, pass them to software or use them for any other purpose without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. To this end data related to published science should be explicitly placed in the public domain.
We can also support the development of public domain policies where they make the most sense. Creative Commons and other groups have provided feedback to policy consultations on a variety of areas whereby the public could benefit from the adoption of public domain policies. For example, in the recent consultation in the European Union on public sector information (PSI), we argued that there should be no conditions attached to the re-use of PSI.
The best case scenario would be for public sector information to be in the public domain, exempt from copyright protection altogether by amending national copyright laws. If it’s not possible to pass laws granting positive re-use rights to PSI without copyright attached, public sector bodies should use the CC0 Public Domain Dedication (CC0) to place public data into the worldwide public domain to ensure unrestricted re-use.
In the United States, federal agencies are determining how they will support the President’s Directive requiring public access to federally funded research and data. In addition, the White House itself is trying to figure out how to guide implementation of another Executive Order on open data. We said that any data generated using federal monies should be marked clearly as being in the public domain (possibly using a tool like CC0) and immediately deposited in a scientific data repository. And the US Federal Government has heard from other public domain advocates for government information, who’ve drawn up the Best Practices Language for Making Data “License-Free.”
Building and defending a robust public domain requires work on multiple fronts–from the ongoing development and support of tools that can grow the pool of creative works in the public domain–to the active participation in policy change and copyright reform. While content in the public domain is owned by no one, the responsibility for strengthening this absolutely crucial resource should be shared by all who care about the future of creativity.Comments Off