Seal Of The Executive Office Of The President / Public Domain
Yesterday President Barack Obama issued an Executive Order requiring federal government information to be open and machine-readable by default. This Order is the latest in a series of actions going back to 2009 in support of increasing access to and transparency of government information.
In addition to the Executive Order, the White House released a Memorandum (PDF) explaining how federal government agencies will comply with the new open data policy.
This Memorandum requires agencies to collect or create information in a way that supports downstream information processing and dissemination activities. This includes using machine readable and open formats, data standards, and common core and extensible metadata for all new information creation and collection efforts. It also includes agencies ensuring information stewardship through the use of open licenses and review of information for privacy, confidentiality, security, or other restrictions to release.
It provides a forward-thinking set of guidelines for open data to be released by U.S. federal agencies:
Open data: For the purposes of this Memorandum, the term “open data” refers to publicly available data structured in a way that enables the data to be fully discoverable and usable by end users. In general, open data will be consistent with the following principles:
- Public. Consistent with OMB’s Open Government Directive, agencies must adopt a presumption in favor of openness to the extent permitted by law and subject to privacy, confidentiality, security, or other valid restrictions.
- Accessible. Open data are made available in convenient, modifiable, and open formats that can be retrieved, downloaded, indexed, and searched. Formats should be machine-readable (i.e., data are reasonably structured to allow automated processing). Open data structures do not discriminate against any person or group of persons and should be made available to the widest range of users for the widest range of purposes, often by providing the data in multiple formats for consumption. To the extent permitted by law, these formats should be non-proprietary, publicly available, and no restrictions should be placed upon their use.
- Described. Open data are described fully so that consumers of the data have sufficient information to understand their strengths, weaknesses, analytical limitations, security requirements, as well as how to process them. This involves the use of robust, granular metadata (i.e., fields or elements that describe data), thorough documentation of data elements, data dictionaries, and, if applicable, additional descriptions of the purpose of the collection, the population of interest, the characteristics of the sample, and the method of data collection.
- Reusable. Open data are made available under an open license that places no restrictions on their use.
- Complete. Open data are published in primary forms (i.e., as collected at the source), with the finest possible level of granularity that is practicable and permitted by law and other requirements. Derived or aggregate open data should also be published but must reference the primary data.
- Timely. Open data are made available as quickly as necessary to preserve the value of the data. Frequency of release should account for key audiences and downstream needs.
- Managed Post-Release. A point of contact must be designated to assist with data use and to respond to complaints about adherence to these open data requirements.
The Memorandum provides some more information about how U.S. government information will be made reusable:
Ensure information stewardship through the use of open licenses – Agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes.
Depending on the exact implementation details, this could be a fantastic move that would remove any legal confusion about using federal government data. By leveraging open licenses, the U.S. federal government would be doing a great service to reusers by communicating those rights available in advance. And, if the U.S. truly wishes to make federal government information available without restriction, it could consider using a tool such as the CC0 Public Domain Dedication. CC0 is used by many data providers to place open data directly in the public domain. We’ve already suggested this (PDF) as an option for sharing federally funded research data.
The White House should be commended for taking another positive step forward to ensure that U.S. government data is made legally and technically accessible and useable.3 Comments »
Today the Public Library of Science announced the Accelerating Science Award Program (ASAP). The award program seeks nominations of individuals who have used, applied, or remixed scientific research — published through open access — in order to realize innovations in science, medicine, and technology. The goal of ASAP is to build awareness of and encourage the use of scientific research published through open access. Major sponsors include the Wellcome Trust and Google.
Three winners will each receive $30,000. The nomination period opens today and runs through June 15, 2013. Potential nominees may include individuals, teams, or groups of collaborators -– such as scientists, researchers, educators, social services, technology leaders, entrepreneurs, policy makers, patient advocates, public health workers, and students -– who have used scientific research in transformative ways. The winners will be announced in Washington, DC, in October 2013 at an Open Access Week event hosted by SPARC and the World Bank.
Creative Commons is a supporter of ASAP, along with several other library organizations, publishers, and research organizations.
For more information, including the full details of the ASAP program, nomination process, and the award specifics, go to http://asap.plos.org/. For program rules visit http://asap.plos.org/nominate/rules/.Comments Off
As we mentioned last week, California has introduced AB 609, the California Taxpayer Access to Publicly Funded Research Act. The bill, sponsored by Assembly Member Brian Nestande, would require that research articles funded through California tax dollars be made available online for free no later than 12 months after publication in a peer-reviewed journal. A letter from the University of California may have prompted the Assembly to modify the text of the draft bill to extend the embargo to 12 months (instead of six), and to include a provision exempting the University of California and California State University from the state agencies that must comply with the legislation, if enacted.
A group of organizations (including Creative Commons) sent a letter to Assembly Member Nestande thanking him for introducing the bill. The letter urged the Assembly to considering strengthening the proposed law by including reuse rights language, such as through the adoption of open licenses:
We encourage you to consider strengthening this legislation by including a provision to ensure that manuscripts reporting on state-funded research be made fully usable by the public. To fully unlock the value of the information contained in these digital articles, they should be made available in formats and under licensing terms that permit users to read, downloaded, search, compute on, data mine or analyze for any lawful purpose.
It also asked for the original 6 month embargo to be reinstated:
Additionally, while we would strongly prefer that these articles be made available to the public immediately upon publication, we would support the inclusion of an embargo period as originally proposed of no longer than six months.
A hearing in the Committee on Accountability and Administrative Review is scheduled for May 1 in Sacramento.Comments Off
With the introduction at the federal level of both the Fair Access to Science and Technology Research Act (FASTR) and the White House public access directive, several states have begun to think about supporting public access to publicly funded research. Like the proposed federal legislation and White House policy, the state-level bills aim to support the notion that the taxpaying public should have access to the research it funds. The Illinois legislation is particularly interesting in that it has included a reuse rights provision whereby the articles developed as a result of state funds would be shared under an open license such as CC BY.
Notwithstanding any other law, each state agency that provides funding in the form of a research grant to a grantee for direct research shall develop a public access policy that shall do the following:
(1) Include a requirement that electronic versions of the author’s final manuscripts, or a link to an electronic version of the author’s final manuscript in an open access digital repository of original research papers that have been accepted for publication in peer-reviewed journals and result from research supported from state agency funding, be submitted to the funding state agency and the California State Library.
(2) Provide free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than six months after publication in peer-reviewed journals. [...]
Each agency that provides funding for direct research shall develop a public access policy that shall:
(i) Include a requirement that electronic versions of the author’s final manuscripts of original research papers that have been accepted for publication in peer-reviewed journals and result from research supported from funding by the state of New York, be submitted to such funding agency;
(ii) Provide free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable but not later than six months after publication in peer-reviewed journals; [...]
(a) No later than 12 months after the effective date of this Act, each public institution of higher education shall develop an open access to research articles policy.
(b) All public institutions of higher education shall develop policies that provide for the following:
(1) the submission, by all faculty employed by the public institution of higher education, to the employing institution (or to an institution designated by the employing institution) of an electronic version of the author’s final manuscript of original research papers upon acceptance by a scholarly research journal, including peer-reviewed journals and related publications used by researchers to disseminate the results of their institution-affiliated research; [...]
(4) free online public access to the final peer-reviewed manuscripts or published versions immediately upon publication in a peer-reviewed journal;
(5) an irrevocable, worldwide copyright license granted by the author to the public that permits any use of an article on condition that the author and original publisher are attributed as such and that any such attribution is not made in a way that implies endorsement of the use by the author or original publisher. [...]
New York state seal is in the public domain.
Illinois state seal is in the public domain.Comments Off
Today, U.S. Register of Copyright Maria Pallante stood before Congress to say: we need a new copyright law. Pallante’s prepared remarks (127 KB PDF) to the U.S. House of Representatives, Subcommittee on Courts, Intellectual Property, and the Internet called for “bold adjustments” to U.S. copyright law.
This is a most welcome aspiration. A strong push for copyright reform is currently occurring around the world through domestic reviews and in international fora like WIPO — coming both from those wanting increased recognition of user rights and those calling for tighter author controls. With the United States one of the leading nations advocating for stronger copyright protection through treaties such as ACTA and the TPP, the international community will be closely observing any movement in U.S. domestic law.
Seal of the United States Copyright Office / Public Domain
In addition to several meaningful reform ideas — including shortening the copyright term itself, alterations to the Digital Millennium Copyright Act, and making revisions to exceptions and limitations for libraries and archives — we’re happy to see that the Register is highlighting the crucial need to expand and protect the public domain. Some of the most compelling work undertaken by Creative Commons and others in the open community has to do with increasing the accessibility and value of the public domain. We hope a more positive public domain agenda can become ingrained into the foundations of U.S. copyright policy. The central question: Can the United States devise a better system for both authors and the public interest in an environment where technology and social norms are increasingly disconnected from an aging copyright law?
Pallante said, “[A]uthors do not have effective protections, good faith businesses do not have clear roadmaps, courts do not have sufficient direction, and consumers and other private citizens are increasingly frustrated.” However, there is no doubt that public copyright licenses are offering a substantial and effective counter to some of these pains — even noted by Ms. Pallante in her longer lecture at Columbia University titled The Next Great Copyright Act (337 KB PDF), “[S]ome [authors] embrace the philosophy and methodology of Creative Commons, where authors may provide advance permission to users or even divest themselves of rights.” CC licenses and public domain instruments are right now helping alleviate frustration with copyright for all — individuals, businesses, institutions, governments — who opt in to using public licenses and licensed works.
Indeed, public licenses are easy-to-use tools for communities that wish to share their creativity on more flexible terms. And when millions of motivated creators share under public copyright licenses like CC, they create great and lasting things (hello Wikipedia). Public copyright licenses shine brightly in the light of Pallante’s telling reflection: “If one needs an army of lawyers to understand the precepts of the law, then it is time for a new law.”
At the same time, 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. If anything, the increase in adoption of public licenses is a bellwether for legislative reform — a signal pointing toward a larger problem in need of a durable solution.
We and the rest of the international community are looking forward to seeing what Pallante and Congress have in mind when they continue the discussion after today. In her oral testimony, Ms. Pallante said, “Copyright is about the public interest.” We hope that the public interest has a seat at the table, with room both for open content licensing and positive legislative reform. The existence of CC licenses does not limit the need for reform. Open licenses help forward-thinking people and institutions to live and thrive in the digital age now, and illuminate the roadmap for beneficial reform to come. Let us begin.1 Comment »
Today, the White House issued a Directive supporting public access to publicly-funded research.
John Holdren, Director of the Office of Science and Technology Policy, “has directed Federal agencies with more than $100M in R&D expenditures to develop plans to make the published results of federally funded research freely available to the public within one year of publication and requiring researchers to better account for and manage the digital data resulting from federally funded scientific research.”
Each agency covered by the Directive (54 KB PDF) 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 Directive comes out after a multi-year campaign organized by Open Access advocates, and reflects a groundswell of grassroots support for public access to the scientific research that the public pays for. Of course, the White House Directive is issued on the heels of the introduction of the Fair Access to Science and Technology Research Act (FASTR). Both the Directive and the FASTR legislation are complementary approaches to ensuring that the public can access and use the scientific research it pays for.
We applaud this important policy Directive. While the Directive and FASTR do not specifically require the application of open licenses to the scientific research outputs funded with federal tax dollars, both actions represent crucial steps toward increasing public access to research.3 Comments »
Each year on January 1st, copyright protection expires for millions of creative works, allowing those works to be used by anyone without restriction or need for permission. On this Public Domain Day, we celebrate the rich creative works that have risen into the public domain, and mourn the massive number of works that could have been in the public domain but which aren’t due to unreasonable copyright extension or the chilling effects created by Byzantine copyright term schemes. The excellent Public Domain Review–which catalogs and offers some interesting insight, explanation, and analysis into unique and unusual treasures in the public domain–has profiled some great works from the Class of 2013. But in other countries, nothing will enter the public domain again this year.
While copyright terms continue to be extended and policymakers support a detrimental enforcement agenda, there has been no shortage of encouraging work in support of a robust and expanded public domain.
- The Internet Archive announced this year a massive trove of over 1,000,000 mostly public domain content available for download over Bittorrent. In similar fashion, video archivist Rick Prelinger pointed us toward a big collection of public domain video footage.
- Musopen continues to be a promising project initially dedicated to providing copyright free music content: music recordings, sheet music and a music textbook.
- There’s ongoing efforts to educate the public about the public domain. The Public Domain Review published the Guide to Finding Interesting Public Domain Works Online, and P2PU is working on developing the Public Domain Detective course.
- At the international policy arena, the public domain continues to be a topic on the agenda at venues like WIPO, where there have been discussions about how to support access to the public domain. The Communia Association has been at the forefront in championing support for broad access to public domain materials, and has been urging policymakers around the world to adopt liberal policies promoting wide access to public domain content. Communia–of which CC has been a longtime member–has been a key participant to these conversations at WIPO. CC has also been involved.
- Communia published “The Digital Public Domain: Foundations for an Open Culture” as well as a comprehensive report detailing the efforts of the group during the three years it operated as the European Thematic Network on the Digital Public Domain.
- Creative Commons continues to offer tools in support of the public domain. These include the CC0 Public Domain Dedication, which is a tool for authors to waive all copyright and related rights, thus putting their work in the public domain prior to the expiration of copyright. This is a crucial tool in use around the world for high profile projects. In September of this year, Europeana released 20 million records into the public domain using CC0. This release is the largest one-time dedication of cultural data to the public domain using CC0, and the dataset consists of descriptive information from a huge trove of digitized cultural and artistic works. In addition, the Public Domain Mark is used to mark works already in the worldwide public domain, such as for very old works where it is clear that the copyright has already expired.
- In fact, more libraries are releasing metadata under CC0, and public domain may become the norm for libraries in sharing their data.
As you can see, there’s a ton of positive work being done to help increase our access to creative content in the public domain. But the work is not done: the longer we do not have access to these works the less rich our culture will be moving ahead. Let’s keep working on it and demanding access to content that could (and should) be available to all.2 Comments »
In the last few months there has been quite a bit of discussion about what CC should do with the non-free licenses. Some have called for Creative Commons to retire or otherwise change the way we offer licenses containing the NonCommercial and NoDerivatives conditions because those licenses do not create a true commons of open content that everyone is free to use, redistribute, remix, and repurpose. These suggestions have been made by the Students for Free Culture, QuestionCopyright.org, the Open Knowledge Foundation, and others.
- the freedom to use the work and enjoy the benefits of using it
- the freedom to study the work and to apply knowledge acquired from it
- the freedom to make and redistribute copies, in whole or in part, of the information or expression
- the freedom to make changes and improvements, and to distribute derivative works
There are four CC licenses that are considered “non-free” because they do not provide for all of the freedoms listed above. The CC licenses that contain the NonCommercial and/or NoDerivatives terms are considered non-free. These licenses are BY-NC, BY-ND, BY-NC-SA, BY-NC-ND.
Back in August we wrote a blog post about the ongoing discussion around NonCommercial and NoDerivatives and promised to keep the conversation going. We noted that these issues have surfaced frequently over the years, and we reminded readers that CC studied the NonCommercial issue and has worked to try to clearly mark and otherwise communicate the differences between the Free and non-free licenses. For example, CC has placed a “Definition of Free Cultural Works” seal on the BY and BY-SA license deeds. We also included it in the most recent upgrade of our license chooser.
We’re taking a close look at the arguments and recommendations from the various individuals and groups and have generated a few TO-DO items to attempt to address the issues raised. We have aggregated these proposed actions on the CC wiki. We’d appreciate any feedback you have–you can do this over at the CC-Community email list or the wiki Talk page.
Some of the draft actions include the following (you can read more about them on the wiki page):
- Improve information about which CC licenses align with definitions of “Free licenses”
- Revive the color-coded “license spectrum” graphic
- Provide descriptive examples of adoptions of Free and non-free licenses
- Gather feedback about changing the name of “NonCommercial” to “Commercial Rights Reserved”
This last point warrants a specific mention here, as it would be a big (and potentially sensitive) change to the branding of the Creative Commons NonCommercial licenses. This proposal is for a simple renaming of the “NonCommercial” license element to “Commercial Rights Reserved,” without any change in the definition of what it covers. Renaming it to something that more accurately reflects the operation of the license may ensure that it is not unintentionally used by licensors who intend something different. For more information about the idea and rationale behind this proposal, please see the CC wiki page on the topic.
Again, if you have feedback on the proposed actions or other ideas that haven’t been captured here, please contribute to the CC-community list, the wiki Talk page, or in the comments below. We appreciate your thoughts and suggestions.18 Comments »
Ten years after the release of the Budapest Open Access Initiative, OA advocates last week released updated recommendations in support of open access around the world, touching on areas including policy, licensing, sustainability, and advocacy. Of particular interest are recommendations that urge funders to require open access when they make grants: “When possible, funder policies should require libre OA, preferably under a CC-BY license or equivalent.” When funding agencies institute open access policies for the grant funds they distribute, they increase the impact of the research produced. This is because the outputs can be widely reused under the CC-BY license, which allows for reuse for any purpose (even commercial) so long as attribution is given to the author.
The updated recommendation document includes a section on licensing and reuse (see the three listed below). The document “recommend[s] CC-BY or an equivalent license as the optimal license for the publication, distribution, use, and reuse of scholarly work.”
OA repositories typically depend on permissions from others, such as authors or publishers, and are rarely in a position to require open licenses. However, policy makers in a position to direct deposits into repositories should require open licenses, preferably CC-BY, when they can.
OA journals are always in a position to require open licenses, yet most of them do not yet take advantage of the opportunity. We recommend CC-BY for all OA journals.
In developing strategy and setting priorities, we recognize that gratis access is better than priced access, libre access is better than gratis access, and libre under CC-BY or the equivalent is better than libre under more restrictive open licenses. We should achieve what we can when we can. We should not delay achieving gratis in order to achieve libre, and we should not stop with gratis when we can achieve libre.
A few days ago the Students for Free Culture (SFC) published a provocative blog post called “Stop the inclusion of proprietary licenses in Creative Commons 4.0.” The article urged Creative Commons to deprecate (meaning “retire” or similar), or otherwise change the way Creative Commons offers licenses containing the NonCommercial and NoDerivatives terms, because they “do not actually contribute to a shared commons.”
The SFC blog post raises important questions about the opportunities and challenges presented by the NC and ND licenses. The NC and ND licenses currently make up four of the six licenses in the CC license suite:
These issues have surfaced frequently over the years, in varied forums and by a variety of stakeholders. CC studied the NC issue from 2008 to 2009, investigating how online populations understand noncommercial use in the context of the NC licenses. The previous year, CC acknowledged the differences between the NC and ND licenses on the one hand, and BY and BY-SA on the other, by announcing placement of the free cultural works seal on the BY and BY-SA deeds as part of an “effort to distinguish among the range of Creative Commons licenses”.
At the same time, CC celebrates successful adoption of the NC and ND licenses, in part because those licenses signal a desire to be more open than the alternative of “all rights reserved.” Moreover, those adopters may eventually migrate to more open licenses once exposed to the benefits that accompany sharing. But this duality opens CC to criticism (if not also confusion) about our identity and mission.
CC committed to addressing this issue most recently with the launch of the 4.0 license process following consultation with the CC affiliates at the 2011 Global Summit in Warsaw. We fully intend to engage in a manner that is inclusive of a wide range of voices and interests. In this way, CC will be best positioned to make informed, thoughtful decisions with the input of our community (defined in the broadest sense), our affiliates, and our adopters (both would-be and existing).
While the specific challenges to NC and ND are not tied to the 4.0 versioning process per se, they’ve been raised in the context of the 4.0 NonCommercial dialogue. The decision not to change the definition of NonCommercial itself in 4.0 now gives way to the broader policy discussion of the role that the NC (and ND) licenses serve, and CC’s stewardship of and communications around those licenses.
As license steward, we are accountable to our stakeholders and global community, and must be transparent about decisions and how we act (or not) on the proposals that have been put on the table. These proposals span a wide range and include more clearly differentiating the licenses aligned with the Definition of Free Cultural Works from those that are not, to providing more education to licensors about the consequences of license choice, to disassociating Creative Commons from the NC and ND licenses altogether, among others.
Here’s what you can expect from CC:
- Please continue to use the CC-Community list (as opposed to the CC license development list) as the venue for discussions about the various options, proposals, and considerations for NC and ND.
- CC will collect, analyze and synthesize ideas and proposals, identify possible policy changes, and communicate potential implications of each. CC will look to these various proposals with the recognition that any policy change cuts across the entire community and organization, including education, data and science, legal, technical, etc. CC will share this information publicly in an easy to understand fashion that includes the relevant historical and contextual framing.
- CC will hold stakeholder consultations that include adopters, CC affiliates, funders, and the broader community. These might take the form of email discussions, community phone calls or IRC chats, etc.
Other suggestions for actions are most welcome.22 Comments »