policy

Policy Projects at CC: Open Policy Network and Institute for Open Leadership

Timothy Vollmer, January 9th, 2014

Over the last year we’ve been working on developing two new projects: the Open Policy Network and the Institute for Open Leadership. Both of these initiatives arise out of a direct identified need from the Creative Commons community. Let’s explain a bit more about each of these projects.

OPN logo

Overview

Over the last several years, Creative Commons and related organizations have been contacted by multiple institutions and governments seeking assistance on how to implement open licensing and develop materials and strategies for open policies. By “open policies” we mean policies whereby publicly funded resources are developed and released as openly licensed resources. The $2 billion Department of Labor TAACCCT grant program would be considered an open policy. There is a pressing need to provide support to policymakers so they can successfully create, adopt, and implement open policies. And CC affiliates from around the world have asked for an informational hub where open policies could be shared and discussed.

The open community needs access to existing open policies, legislation, and action plans for how open policies were created, discussed and passed. Advocates need to know what barriers were encountered and how they were overcome, and because politics and opportunities are local, open advocates may need support customizing an open policy solution and strategy. This is why we need the Open Policy Network (OPN).

Mission

The mission of the Open Policy Network is to foster the creation, adoption and implementation of open policies and practices that advance the public good by supporting advocates, organizations, and policy makers with information and expertise, and connecting policy opportunities with those who can provide assistance.

Description of activities

The OPN supports the creation, adoption, and implementation of open policies around the world. We will engage in the following activities:

  • Connect policy makers and other interested parties to expert open policy advocates and organizations who are able to provide assistance and support when open policy opportunities arise.
  • Identify and build new open policy resources and/or services only where capacity and expertise does not currently exist, by providing needed resources, information, and advice.
  • Provide a baseline level of assistance for open policy opportunities as they arise, to ensure no open policy opportunity goes unfulfilled.
  • Link to, catalog and curate existing and new open policies and open policy resources from around the world.
  • Connect open policy advocates and organizations on a listserv and monthly phone conference to maximize knowledge transfer and cooperation.
  • Build new constituencies and advocates in support of open policies.
  • Operate in a manner respectful of member organizations’ existing messaging, communities, and business models.
  • Release all content produced under the project under CC BY and data under CC0, in a fully transparent manner on the project website.

Guiding principles

We believe:

Join this project!

For the time being, the Open Policy Network is being led by Creative Commons, but we envision that the coordination of the Network can be transferred to another group after some time. We are looking for interested individuals and groups to join the network, and we’ll begin monthly organizing conference calls soon. You can sign up to the Google group now.

IOL logo

Background

The Open Policy Network is committed to facilitating adoption of open policies around the world by improving access to resources and expertise for advocates of open policies. Creative Commons will begin to host an Institute for Open Leadership (IOL) to train new leaders in education, science, and public policy fields on the values and implementation of openness in licensing, policies, and practices. The Institute will be a tangible project under the umbrella of the OPN.

The Institute for Open Leadership will select twenty applicants per year–through a competitive application process–to participate in an intensive weeklong training session with leading experts in open fields. Each participant will develop an outcomes-based plan for a capstone open project, and report on progress within one year. Through training and the project period, participants will develop the skills, relationships, and motivation to become leaders for openness in their institutions and fields. The Institute complements and strengthens the OPN’s mission, and generates open policy projects by training a new corps of leaders ready to inculcate open policies and practices in their institutions and across their professional communities. We will initially run two cohorts of the Institute (2 years), though the goal is to make the Institute an annual event.

Problem meant to solve

There is significant and growing demand for leaders to support open initiatives in educational, cultural, and scientific institutions, as well as governmental agencies. At the organizational level, our capacity to meet this demand is limited. Yet we believe that there is strong potential to transfer and scale leadership experience to new champions for openness, and to systematically cultivate a broad network of leaders to meet the increasing demand. There is also significant interest among discretionary institutional funding programs (such as publicly funded national and state/provincial grants) to learn about and adopt CC licenses. A new and broader group of leaders could address this interest by reaching and educating institutions and professional communities about copyright and the benefits of open licensing and open policies.

As open movements approach mainstream status, there is a vastly increased need for more leaders who share the values of open licensing, the understanding of openness best practices (e.g. open technical formats, modular design, and accessibility standards), and the desire to guide some portion of this ecosystem. The IOL will relieve the strain on existing leaders and resources by recruiting and training a new group of experts who can meet the demand for expertise on open licensing, pursue new opportunities for publishing and using open content, and directly influencing policy decisions in institutions and across fields of work.

Activities

Application and selection process
Creative Commons will solicit applications from interested persons around the world to participate in the Institute. We will select a maximum of twenty participants each year for two years. We plan to target persons who are mid-level managers and/or potential leaders who are not currently involved in the open movement, but who are moving toward leadership positions in their institutions or fields of work over the next 5-10 years. The selection criteria will include an evaluation of which candidates the committee estimates will have the highest impact when they return to their home institution/government. All applicants will be required to propose a capstone open project they will complete after attending the IOL. These projects must be properly scoped and must contain a strong open policy component and contribute to increasing openness within their institution and field.

Prerequisites
Once selected, participants will be required, prior to attending, to complete any two online School of Open courses (e.g., copyright and open licensing, open education, open science, etc.).

Immersive training period
The IOL will be held at an appropriate conference facility or university campus. All participants and instructors will stay in the same accommodations and spend the majority of time together, creating the potential for informal discussions and relationship building. Institute instructors will be drawn from the top experts/leaders in the fields of open access, open science, open educational resources, open culture, etc. Each day of the week-long workshop will feature a concentration on open licensing and policy in one of the fields and include time for participants to consult directly with the instructors on their own open project plans.

Capstone project work
By the end of the workshop week, participants will have polished and expanded their proposed capstone projects and have integrated open policy aspects more thoroughly based on their newly acquired expertise and the assistance of the instructors. The point of the capstone project is for the participant to transform the concepts learned at the Institute into a practical, actionable, and sustainable initiative within his/her institution. Capstone open projects can take a variety of forms depending on the interests of the participant and the type of institution where the project will be implemented. Common features of a successful capstone open project will be to:

  • Increase the amount of openly licensed materials in the commons;
  • Increase awareness among colleagues or related stakeholders about the benefits of openness;
  • Propose an open policy within the participants’ institution with an action plan to implement the open policy;
  • Demonstrate measurable results and complete report after 12 months that analyzes project progress, challenges, and sustainability.

An example of a successful capstone open project might be a librarian at a university that is able to foster an open access policy at their institution whereby university faculty agree to contribute publicly funded research into the university repository under open licenses.

Reporting
In addition to the written reports (shared under CC BY 4.0), there will also be a webinar scheduled 12 months after the Institute to share the outcomes of each participant’s project. All webinars will continue fostering the development of a new open leadership cohort.

Timeline

Update June 2014: There’s a new timeline for the Institute for Open Leadership.

  • March-May 2014: Cohort #1 application period
  • July 2014: Cohort #1 week-long institute
  • November 2014-January 2015: Cohort #2 application period
  • March 2015: Cohort #2 week-long institute
  • July 2015: Cohort #1 12-month follow up webinar & open projects completed
  • March 2016: Cohort #2 12-month follow up webinar & open projects completed

We’re excited to get these two exciting initiatives up and running, and we look forward to working with many individuals and organizations to make them a success. Many thanks to the William and Flora Hewlett Foundation and the Open Society Foundations for funds to kickstart these projects!

Institution designed by Thibault Geffroy from the Noun Project, licensed CC BY.

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Creative Commons 4.0 BY and BY-SA licenses approved conformant with the Open Definition

Timothy Vollmer, December 27th, 2013

In November we released version 4.0 of the Creative Commons license suite, and today the Open Definition Advisory Council approved the CC 4.0 Attribution (BY) and Attribution-ShareAlike (BY-SA) International licenses as conformant with the Open Definition.

The Open Definition sets out principles that define “openness” in relation to data and content…It can be summed up in the statement that: “A piece of data or content is open if anyone is free to use, reuse, and redistribute it — subject only, at most, to the requirement to attribute and/or share-alike.”

Prior versions of Creative Commons BY and BY-SA licenses (1.0 – 3.0, including jurisdiction ports) are also aligned with the Open Definition, as is the CC0 Public Domain Dedication. Here’s the complete list of conformant licenses. None of the Creative Commons NonCommercial or NoDerivatives licenses comply with the Definition.

The Open Definition is an important marker that communicates the fundamental legal conditions that make content and data open, and CC is working on ways to better display which of our licenses conform to the Definition. We appreciate the open and participatory process conducted by the Open Definition Advisory Council in evaluating licenses and providing expert assistance and advice to license stewards. Individuals interested in participating in the Open Definition license review process may join the OD-discuss email list.

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Conclusions from the European Commission PSI consultation

Timothy Vollmer, December 20th, 2013

Last month, Creative Commons and several other groups responded to the European Commission’s consultation on licensing, datasets and charging for the re-use of public sector information (PSI). See our response here. There were 355 submissions to the questionnaire (spreadsheet download), apparently from all EU Member States except Cyprus. The Commission hosted a hearing (PDF of meeting minutes) on the issue on 25 November.

This week the Commission released a final summary report (PDF) to the consultation. There were several interesting data points from the report concerning licensing. First, the questionnaire respondents preferred a “light-weight approach, limited to a mere disclaimer or consisting of allowing the reuse of data without any particular restrictions…” (pg5). In our submission, we said that there should be no conditions attached to the re-use of public sector information, with the best case scenario being for public sector information to be in the public domain, exempt from copyright protection altogether by amending national copyright laws.

licensing1

Second, when asked about licensing conditions that would comply with the PSI Directive’s requirement of ‘not unnecessarily restricting possibilities for re-use’, the most respondents indicated support for the requirement to acknowledge the source of data. In our submission we said we believed every condition would be deemed restrictive, since ideally PSI would be removed from the purview of copyright protection through law. At the same time, we realize that if the Commission were to permit public sector bodies to incorporate a limited set of conditions through licensing, then they should be expected to use standard public licenses aligned with the Open Definition. The preference should be for “attribution only” licenses, like CC BY.

licensing2

The report noted that a majority (62%) of respondents believed that greater interoperability would be best achieved through the use of standard licences. And 71% of respondents said that the adoption of Creative Commons licenses would be the best option to promote interoperability. The report states, “this may be interpreted as both a high awareness of the availability of standard licences and a genuine understanding of their role in ensuring licencing interoperability across jurisdictions” (pg7).

licensing3

The report also mentions the fact that several respondents chose to provide feedback on which Creative Commons licenses would be deemed suitable for PSI re-use. It noted that the most prevalent licenses mentioned were CC0 and CC BY, while a few respondents suggested BY-SA. Others provided a more general answer, such as “the most open CC license could be used…But [the] BEST OPTION is no use of any of license: public domain” (pg9).

The report concludes (pg16):

There is also a widespread acceptance of the need to offer interoperable solutions, both on the technical and licencing levels. And even if opinions differ as to the exact shape of re-use conditions, the answers show that a general trend towards a more open and interoperable licencing system in Europe, largely based on available standard licences is gaining ground.

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European Commission announces public consultation on the review of EU copyright rules

Paul Keller, December 11th, 2013

This post originally appears on the Communia Association blog. Creative Commons is a founding member and active participant in Communia.

Last week Thursday the European Commission launched its much anticipated public consultation on the review of the EU copyright rules. This consultation is the first visible sign of the second track of the Commission’s attempt to modernise the EU rules (the first track consisted of the rather unsuccessful Licenses for Europe stakeholder dialogue). In the words of the Commission the focus of the consultation is on:

… ensuring that the EU copyright regulatory framework stays fit for purpose in the digital environment to support creation and innovation, tap the full potential of the Single Market, foster growth and investment in our economy and promote cultural diversity.

With regards to the contents of the consultation, a first reading reveals a mixed bag of questions, with a surprising amount of them actually touching on issues that are closely related to our own policy recommendations. The consultation comes in the form of a 37 page document with a grand total of 80 questions that cover everything from the functioning of the single market for copyrighted works, linking and browsing, copyright term duration, registration of copyrighted works and exceptions and limitations for cultural heritage institutions, education, research, persons with disabilities and “user generated content”. In addition, there are questions about private copying and levies, the fair remuneration of authors and performers, respect for rights, and even the possibility of a single EU copyright title. Finally there is an open question for everything else that stakeholders might want to tell the Commission.

The deadline for providing answers to all of these questions is the 5th of February, which if one takes into account the upcoming holiday period is rather short. Read More…

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CC to European Commission: No restrictions on PSI re-use

Timothy Vollmer, November 25th, 2013

Creative Commons has responded to the European Commission’s consultation on recommended standard licenses, datasets and charging for the re-use of public sector information (PSI). See our response here. The Commission asked for comments on these issues in light of the adoption of the new Directive on re-use of public sector information. The Directive 1) brings libraries, museums, and archives under the scope of the Directive, 2) provides a positive re-use right to public documents, 3) limits acceptable charging to only marginal costs of reproduction, provision, and dissemination, and 4) reiterates the position that documents can be made available for re-use under open standards and using machine readable formats. CC recognizes the high value of PSI not only for innovation and transparency, but also for scientific, educational and cultural benefit for the entire society.

eu1

The Commission has not yet clarified what should be considered a “standard license” for re-use (Article 8). The dangers of license proliferation–which potentially leads to incompatible PSI–is still present. But it’s positive that the Commission is using this consultation to ask specific questions regarding legal aspects of re-use.

Part 3 of the questionnaire deals with licensing issues. One question asks what should be the default option for communicating re-use rights. We believe that there should be no conditions attached to the re-use of public sector information. 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.

Another question first states that the Commission prefers the least restrictive re-use regime possible, and asks respondents to choose which condition(s) would be aligned with this goal. Again, we think that every condition would be deemed restrictive, since ideally PSI would be removed from the purview of copyright protection through law or complete dedication of the PSI to the public domain using CC0. If the Commission were to permit public sector bodies to incorporate limited conditions through licensing, then they should be expected to use standard public licenses aligned with the Open Definition (with a preference for “attribution only” licenses). A simple obligation to acknowledge the source of the data could be accomplished by adopting a liberal open license, like CC BY. Such a license would also cover other issues, such as acknowledging that an adaptation has been made or incorporating a waiver of liability. Some of the conditions listed would be detrimental to interoperability of PSI. An obligation not to distort the original meaning or message of public sector data should be deemed unacceptable. Such an obligation destroys compatibility with standard public licenses that uniformly do not contain such a condition. The UK’s Open Government License has already removed this problematic provision when it upgraded from OGL 1.0 to OGL 2.0.

In addition to mentioning CC licensing as a common solution, the questionnaire notes, “several Member States have developed national licenses for re-use of public sector data. In parallel, public sector bodies at all levels sometimes resort to homegrown licensing conditions.” In order to achieve the goals of the Directive and “to promote interoperable conditions for crossborder re-use,” the Commission should consider options that minimize incompatibilities between pools of PSI, which in turn maximize re-use. As far as we are concerned that means that governments should be actively discouraged from developing their own licenses. Instead, they should be encouraged to adopt standard public licenses aligned with the Open Definition. But even better would be to consider removing copyright protection for PSI by amending copyright law or waiving copyright and related rights using CC0.

Europe graphic designed by Monika Ciapala; Public Domain.

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Launch of the Open Access Button

Timothy Vollmer, November 18th, 2013

Today marks the launch of the Open Access Button, a browser bookmark tool that allows users to report when they hit paywalled access to academic articles and discover open access versions of that research. The button was created by university students David Carroll and Joseph McArthur, and announced at the Berlin 11 Student and Early Stage Researcher Satellite Conference.

From the press release:

The Open Access Button is a browser-based tool that lets users track when they are denied access to research, then search for alternative access to the article. Each time a user encounters a paywall, he simply clicks the button in his bookmark bar, fills out an optional dialogue box, and his experience is added to a map alongside other users. Then, the user receives a link to search for free access to the article using resources such as Google Scholar. The Open Access Button initiative hopes to create a worldwide map showing the impact of denied access to research.

oabutton

The creators have also indicated that they plan to release the data collected by the Open Access Button under CC0. Congratulations on the release of this useful tool.

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Followup: NonCommercial and NoDerivatives discussion

Timothy Vollmer, October 24th, 2013

ncnd

It’s been a long time since we last wrote about the ongoing discussion of the NonCommercial and NoDerivatives licenses. Recall that last year CC heard suggestions that it should stop offering NC and ND licenses in future versions of our license suite because these licenses do not create a true commons of open content that everyone is free to use, redistribute, remix, and repurpose.

The CC community agreed to not make such a radical change as to stop offering the NC or ND licenses in the soon-to-be-released 4.0 licenses, or to spin off those licenses to another host organization. However, as promised, we have been working on several projects to help explain and clarify these issues to license users.

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The past year in Open Access

Timothy Vollmer, October 21st, 2013

OAlogo

Today marks the start of Open Access Week 2013. Open Access Week is a global event for the academic and research community to continue to learn about the potential benefits of Open Access, to share what they’ve learned with colleagues, and to help inspire wider participation in helping to make Open Access a new norm in scholarship and research. There are many events you can participate in this week, both in person and virtually. Now is a great time to take a look back at the last year in open access developments. Here’s a small sample.

  • The European Commission released a report that said open access to research publications is reaching a tipping point. It noted that 40% of scientific peer reviewed articles published worldwide between 2004 and 2011 are now available online for free access.
  • CC developed a set of graphics that help explain the the current commercial publishing situation and what an open access would do to promote increased access and reuse to research.
  • The Public Library of Science and Figshare announced a partnership that will allow authors publishing in PLOS journals host their data on Figshare.
  • In the United States, the Fair Access to Science and Technology Research Act (FASTR) was introduced in both the House of Representatives and the Senate. FASTR requires federal agencies with annual extramural research budgets of $100 million or more to provide the public with online access to the research articles stemming from that funded research no later than six months after publication in a peer-reviewed journal.
  • The White House issued a directive on public access to research produced by federal agencies. Each agency covered by the Directive must “Ensure that the public can read, download, and analyze in digital form final peer reviewed manuscripts or final published documents within a timeframe that is appropriate for each type of research conducted or sponsored by the agency.” The public is still waiting to see the details of the agency public access plans, which were due August 22, 2013. In addition, the White House announced an executive order in support of open data, and launched Project Open Data, an open source initiative looking for input and collaboration on how the federal government should manage open data. There’s been some great work to-date on Project Open Data, but there’s still some unresolved questions about licensing (or public domain tools) appropriate for data produced by the federal government.
  • Also in the United States, there’s been several state-level bills introduced in support of public access to publicly funded research. Perhaps the most active is the legislation introduced in California–AB 609–the California Taxpayer Access to Publicly Funded Research Act. If you live in California you can write to your representatives today to tell them to support AB 609.
  • The University of California passed a system-wide open access policy. The open access policy will cover 8,000 faculty who author approximately 40,000 articles each year.
  • The Research Councils UK passed an open access policy, but there’s been some confusion about the open licensing provisions in the policy. And, the Business, Innovation, and Skills Committee released a report criticizing the policy and urged RCUK to reconsider several aspects of the policy, including the preference for gold open access publishing, acceptable embargo periods, and licensing options.
  • PLOS hosted the Accelerating Science Award Program (ASAP). The high-profile award program seeked to highlight individuals who have used, applied, or remixed scientific research — published through open access — in order to realize innovations in science, medicine, and technology. The winners of the program will be announced today!
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Supporting Copyright Reform

Timothy Vollmer, October 16th, 2013

reform graphic

Today Creative Commons released a policy statement expressing its support for copyright reform efforts around the world.

Creative Commons (CC) has enabled a new approach to copyright licensing over the last ten years. CC licenses facilitate novel social, educational, technological, and business practices, and support productive relationships around networked knowledge and culture.

We are dedicated stewards of our licenses and tools, and we educate users, institutions, and policymakers about the positive benefits of adopting CC licenses. Our licenses will always provide voluntary options for creators who wish to share their material on more open terms than current copyright systems allow. But the CC vision—universal access to research and education and full participation in culture—will not be realized through licensing alone.

Around the world, numerous national governments are reviewing or revising their copyright law. Some proposed revisions would broaden the scope of uses of copyrighted works permitted without the rightsholder’s permission. In response, it has been suggested that the very success of CC licenses means that copyright reform is unnecessary—that the licenses solve any problems for users that might otherwise exist. This is certainly not the case. CC licenses are a patch, not a fix, for the problems of the copyright system. They apply only to works whose creators make a conscious decision to affirmatively license the right for the public to exercise exclusive rights that the law automatically grants to them. The success of open licensing demonstrates the benefits that sharing and remixing can bring to individuals and society as a whole. However, CC operates within the frame of copyright law, and as a practical matter, only a small fraction of copyrighted works will ever be covered by our licenses.

Our experience has reinforced our belief that to ensure the maximum benefits to both culture and the economy in this digital age, the scope and shape of copyright law need to be reviewed. However well-crafted a public licensing model may be, it can never fully achieve what a change in the law would do, which means that law reform remains a pressing topic. The public would benefit from more extensive rights to use the full body of human culture and knowledge for the public benefit. CC licenses are not a substitute for users’ rights, and CC supports ongoing efforts to reform copyright law to strengthen users’ rights and expand the public domain.

At its core, Creative Commons is rooted in the broader work to reform copyright. The founders of Creative Commons believed that copyright law was out of sync with how people share content on the Internet, and they developed the CC licenses as one way to address that problem. But we’d like to see copyright law itself better aligned to its original purpose–to enable and reward creative participation in culture and society.

From time to time, people in our community bring up the question of whether Creative Commons should be only a steward of the CC licenses, or also a steward of the broader participatory culture that the licenses are meant to promote.

Creative Commons affiliates, board, and staff have worked together over the past year to develop the policy statement above. The need for a statement like this became apparent at the 2012 Global Congress on Intellectual Property and the Public Interest in Rio de Janeiro. Several CC affiliates attended, many who work on copyright reform initiatives alongside their CC outreach. In Rio, affiliates described the dual nature of their work, which they feel sometimes requires removing their “CC Affiliate hat” when involved with reform efforts. They argued that developing tools for sharing creative content and arguing that outdated copyright laws be changed to better support legal sharing were two different sides of the same coin. Affiliates asked for clarification of the organization’s policies on affiliates engaging directly in copyright law reform proposals.

Over the next several months, Creative Commons drafted a statement that re-emphasizes the many benefits that CC licenses bring to society. But it also acknowledges the limitations of CC and expresses the need for reform of the current copyright system. CC affiliates came together in Buenos Aires in August 2013 to discuss the position of Creative Commons in relation to copyright reform. Over 100 affiliates and supporters participated in a day-long pre-conference event. The policy position was drafted and reviewed by the board of directors, affiliates, and staff.

There are several reasons that we feel such a position is useful–and necessary. First, there have been several proposed laws (like SOPA/PIPA) and trade agreements (ACTA/TPP) that if enacted would be detrimental to user rights to access and use information. And, we’ve heard that in some policy discussions the success of CC as a voluntary licensing scheme is being used by incumbent interests as evidence that fundamental copyright reform is unnecessary. This is incorrect. As we wrote in March,

[The] existence of open copyright licenses shouldn’t be interpreted as a substitute for robust copyright reform. Quite the contrary. The decrease in transaction costs, increase in collaboration, and massive growth of the commons of legally reusable content spurred on by existence of public licenses should drastically reinforce the need for fundamental change, and not serve as a bandage for a broken copyright system.

The passage of increasingly harsh copyright regulations has the potential to render CC licenses and tools ineffective. The aim of these laws are counter to CC’s mission and vision. Second, it’s clear there are some areas of copyright where open licensing won’t solve the problem. One example is increasing access to copyrighted works for the visually impaired. Paul Keller explains this well:

Take the WIPO treaty for the visually impaired: There had to be a treaty because a voluntary or market driven solution to end the book famine for visually impaired people in the developing world did not emerge even though the problem had been known for a long time. Quite clearly the problem cannot not be solved by encouraging publishers to license their works openly and, instead, it required a tailored legislative approach that builds on new limitation and exemptions that address this specific issue.

Third, many CC affiliates are already deeply embedded in copyright reform activities as a part of their broader legal, policy, and digital rights advocacy work. It makes sense for those affiliates engaged in reform efforts to be able to speak and engage wearing their “CC Affiliate hat,” instead of trying to maintain the ambiguous and sometimes arbitrary separation between their “CC work” and the work they do supporting user rights and the public interest.

While we think this policy statement is noncontroversial, we must proceed with care. Historically, our organization has not been heavily involved in copyright reform efforts. Instead, we’ve been focused on the development and stewardship of the licenses and public domain tools. And this will certainly continue to be the case. Direct advocacy supporting more fundamental copyright reform has taken a backseat, for several reasons. First, we recognize and appreciate the value of neutrality, and acting as a responsible and impartial steward of our licenses, no matter who wishes to use them. Making our tools the best they can be and educating about how to use them are our core tasks. Second, as a U.S. based 501(c)(3) nonprofit corporation, we are constrained in our ability to engage in lobbying activities. Any lobbying conducted by CC headquarters staff will continue to be carefully tracked and reported. And lobbying by CC Affiliates will continue to be on behalf of the jurisdiction team in accordance with our MOU and established guidelines. Finally, there are groups that are well-positioned for advocacy activities, such as the Electronic Frontier Foundation, Open Rights Group, Open Knowledge Foundation, and La Quadrature du Net. We support and promote the crucial, timely work of these and other groups.

We reaffirm that the mission of Creative Commons will sometimes call for our involvement in reform efforts. At the Creative Commons Global Summit in Buenos Aires, Lawrence Lessig gave a talk entitled, “Laws that Choke Creativity”. Lessig said he supports the fundamental freedom to remix. “We need to share more, and share more legally,” he said. “But in order to do so, the law must change.” He said that Creative Commons is not the complete solution. “We need real change in real law if these freedoms are to be secured.”

File Repair icon by iconoci, from The Noun Project. CC BY.

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Reflections on our OER policy workshop in Berlin

Timothy Vollmer, October 8th, 2013

This post was written by Alek Tarkowski and originally posted on the European OER Policy Project site.

A week ago, the European Commission launched the “Opening Up Education” initiative, a proposal for modernizing the European educational system. The proposal contains a strong “open” component. We’re using this opportunity to strengthen open educational policies in Europe, and we started our project with a workshop in mid-September. Below you can learn about the outcomes of our workshop, including an overview of the OER landscape in Europe, concept for a policy brief, and ideas for policy-related activities.

The workshop took place 14-15 October as part of the German “OERde13” conference. The workshop marked the public launch of CC’s collaborative „Open Educational Resources Policy in Europe” project. Eleven OER experts from all over Europe met for two days to discuss the state of OER policies in Europe and ways in which CC can increase their reach. Participants included Lisette Kalshoven (Kennisland, Netherlands), Eneli Sutt (HITSA, Estonia), Teresa Nobre (Creative Commons Portugal), Valentina Pavel (APTI, Romania), Hans de Four (KlasCement, Belgium), Bardhyl Jashari (Metamorphosis, Macedonia), Ignasi Labastida y Juan (Universitat de Barcelona, Catalonia / Spain), Ivan Matejic (Creative Commons Serbia), Kamil Śliwowski (Centrum Cyfrowe, Poland) and John Weitzmann (Creative Commons Germany). The workshop was led by Alek Tarkowski from Creative Commons Poland, open policy advisor to CC and lead of this project.

OER-Konferenz_Berlin_2013-6390
OER workshop participants. Photo: Raimond Spekking / WikiMedia Commons, CC BY-SA (Source)

State of open education in Europe

We started with a session presenting the state of OER developments in EU countries, focusing particularly on public policies for open education. The session gave a good overview of the range of approaches to increasing adoption of OER: public e-textbook programs running in Poland and Macedonia; OER repositories such as Belgian Klascement, Dutch Wikiwijs, and Norwegian NDLA; “1 on 1” computer in school schemes used as entry channels for open content in Portugal or Macedonia; bottom-up hubs for open education communities such as German ZUM Wiki and the OER Champions project initiated in Macedonia.

We discussed the broader context for such initiatives, including national educational strategies and the specific shape of legal regulations–in particular copyright exceptions and limitations for educational use. In general, while there are very few functioning national-level policies supporting open education, there are multiple OER projects being implemented with public funding. Some are directly branded as “open education” projects, while others apply this philosophy without naming it that way.

Similarly, there are multiple initiatives at the European level, often funded by the European Union, that fit within the scope of the new initiative. The Open Education Europa portal has been developed on the basis of a previous e-learning portal. At the same time, projects that deal with ICTs in schools, e-learning, or quality of education are not necessarily aligned with OER issues. This means there might still be low awareness among key potential stakeholders. At the same time, there remains a great potential for gaining ICT allies in support of open education policy.

What kind of open education policy?

We spent part of the workshop discussing the concept of CC’s policy brief for open education in Europe. The basic policy position, achieved through a quick consensus among participants, can be summed up very easily: A free license like CC BY or CC BY-SA + (open formats, WCAG accessibility standards and metadata) should be adopted for all publicly funded educational content. (In other words, of all the varied definitions, the Hewlett Foundation OER definition is our definition of choice – and we’re happy that the new Open Education Europa portal sets a high standard by adopting CC BY as a default).

So while the basic policy rule is simple, the challenge lies in providing the best arguments for its widespread adoption. The workshop participants discussed essential elements of a successful policy brief. These should include:

  • A grounding both in rights issues, in particular the right to education and right to knowledge, but also in broader pedagogical theories, such as connectivism;
  • Proof that open education works, especially in economic terms; everyone knows this is not easy, often due to lack of data, but basic arguments can be made, especially about cost savings for parents and schools;
  • Evidence of existing OER projects and their scale and usage, including those that are not directly framed as “open education”, but follow the general model.

Finally, a challenge that any European educational policy faces is the limited scope in which the EU deals with educational issues, which are largely left in the hands of national governments and schooling systems. Other than a new Directive (which would be binding for EU member states, but also difficult to introduce), the EU could introduce an open education policy model to apply to its own funding of educational content. It could also work with national governments by promoting good examples and following best practices and standards. A policy brief needs to address the interdependence of EU- and national-level governmental bodies.

How to promote open education policy?

Policy matters are often difficult to understand beyond a narrow circle of policymakers, experts and stakeholders. During the workshops we discussed ways of making them easier to understand. We focused on three projects, two of which we’d like to work on in the coming months.

Teresa Nobre presented the concept of a study of European exceptions and limitations for education. These are rules defined in national copyright laws that allow for legal use of copyrighted content without permission under certain conditions for educational purposes. These vary greatly between countries and between K-12 and higher education. This “balkanization” of law is one of the reasons that open education, based of course on open licensing, is such an important policy alternative. We were initially considering conducting the necessary legal comparison, but we found out during the workshop that this has already been done by Prof. Raquel Xalabarder of Universitat Oberta de Catalunya (see the WIPO-commissioned analysis). Therefore, our work will build on this analysis and in particular “translate” it into an explanation that will apply to practical issues faced by educators in order to demonstrate the real-life application of policy decisions.

Kamil Śliwowski talked about a mythbusting approach, focusing on finding counter arguments for current criticisms of open education. Kamil described experiences we’ve had in Poland debating commercial educational publishers, who have been vocal critics of open education policy. These publishers often recite arguments against OER that are not based on evidence–hence, “myths”. The mythbusting approach began last year with a presentation at the UNESCO OER Congress in Paris, and continued with a workshop at the CC Summit in Buenos Aires. As part of this project, Kamil will organize in early 2014 a sprint-type workshop during which we’ll produce an OER mythbusting publication.

Bardhyl Jashari presented the idea of open education champions, which his organization, Foundation Metamorphosis, has been implementing in Macedonia. According to Bardhyl, leaders are crucial in promoting open education policy, since these issues are often difficult to understand for many on-the-ground educators. Empowering education champions to explain these topics makes the policies easier to understand. We agreed that it is a great idea, and in line with the recently appointed European “Digital Champions.” But these education champions will be difficult to implement without the Commission’s support.

Next steps

We are now starting work on our policy brief and related analyses and documents, and we’ll focus on developing these over the next few months. For early 2014, we are planning several events, culminating during Open Education Week in March.

We’re all the time looking for partners, collaborators and allies. if you care about open educational policy and want to help, please get in touch.

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