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 »
Having been here at Creative Commons for a couple of weeks now, I’m excited to share what I’m working on this summer as a Google Policy Fellow.
A quick introduction: I’m currently a graduate student in Management Science & Engineering at Stanford University. Before moving to Northern California, I lived in the Boston area where I worked at the Learning Games Network (LGN), a nonprofit spin-off of the MIT Education Arcade. While helping to develop a foundation-funded Open Educational Resource (OER) project at LGN, I came to appreciate the possibilities that open licensing can offer innovators in the philanthropic and nonprofit sectors.
The project I’m working on during my ten weeks here focuses on the use of Creative Commons licenses in the world of philanthropy. Our goal is to provide best practices that will help foundation leaders implement open licensing policies and ensure that the work they fund is available for others to build upon. This follows in the footsteps of last year’s Foundation Funding: Open Licenses, Greater Impact, published by the Berkman Center for Internet & Society as an updated version of its 2009 report, An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities.
As the title of the Berkman Center’s update suggests, open licensing can be thought of as a force multiplier in the context of grant-making. Sharing the digital outputs of philanthropic investments under open licenses makes their reuse easier and increases their potential impact. If grantees produce documents, materials, or other content that could be applied in different settings or remixed in unanticipated ways that offer further social benefits, why not lower the barriers to these possibilities by automatically granting others permission (i.e., open licensing) to pursue these additional uses?
While a few foundations require or encourage their grantees to use open licenses in their work, this is not yet a standard practice. Some highlight their philosophies regarding open licensing, like the Shuttleworth Foundation and the Open Society Foundations, while others mandate specific licenses for selected programs or projects, like the Next Generation Learning Challenges initiative that’s funded by the Bill & Melinda Gates Foundation and The William and Flora Hewlett Foundation.
Creative Commons encourages philanthropic funders to help lead the way for greater use of open licensing within the nonprofit sector. To learn what works and develop best practices, we’re reaching out to foundations that have already incorporated open licensing into their grant-making processes, analyzing existing policies and the documents used to communicate them, and talking with others in the field to better understand the challenges to broader adoption. Our final output will be sample copyright licensing policies for foundations that want to establish new expectations for sharing the intellectual works they fund, while also preserving flexibility for those instances where reserving more rights might still make sense.
If you’re a staff member at a grant-making foundation and would like to learn more about this project, please contact us at email@example.com Comment »
Last week the Federal Research Public Access Act (FRPAA) was reintroduced with bipartisan support in both the U.S. House of Representatives and the Senate. According to SPARC, the bill would “require federal agencies to provide the public with online access to articles reporting on the results of the United States’ $60 billion in publicly funded research no later than six months after publication in a peer-reviewed journal.” If passed, the legislation would extend the current NIH Public Access Policy (with a shorter embargo) to other US government-funded research, including agencies such as the Department of Agriculture, Department of Energy, NASA, the National Science Foundation, and others. FRPAA was first introduced in 2006.
Unlike the Research Works Act, FRPAA would ensure that the public has access to the important scientific and scholarly research that it pays for. Creative Commons recently wrote to the White House asking that taxpayer funded research be made available online to the public immediately, free-of-cost, and ideally under an open license that communicates broad downstream use rights, such as CC BY. While FRPAA–like the NIH Public Access Policy before it–does not require the application of open licenses to the scientific research outputs funded with federal tax dollars, it is a crucial step toward increasing public access to research.
SPARC has issued an action alert, and there are several specific actions you can take in support of FRPAA. On this 10th anniversary of the Budapest Open Access Initiative, please voice your support that the public needs and deserves access to the research it paid for and upon which its education depends.2 Comments »
This post is an adaptation from the COMMUNIA International Association blog and is cross-posted at the Open Knowledge Foundation website. Creative Commons and the Open Knowledge Foundation are institutional members of COMMUNIA. The mission of COMMUNIA is to educate about, advocate for, offer expertise and research about the public domain in the digital age within society and with policymakers.
The European Commission Public Sector Information Directive, which describes the conditions under which European public sector information (PSI) should be made available for reuse by the public, has been in place since 2003. PSI ranges from digital maps to weather data to traffic statistics, and there’s a lot of potential value in making PSI available for reuse for commercial and non-commercial purposes – up to €140bn. The EC says that increasing the reuse of PSI can generate new businesses and jobs – and to this end is planning to update its nine-year-old Directive. The COMMUNIA International Association last week released a short policy document (PDF) in reaction to the to the European Commission’s (EC) proposals, which the OKF’s Daniel Dietrich presented at the LAPSI conference in Brussels to a positive and interested audience.
To give a bit of background: in December 2011 the EC published a proposal (PDF) to update the PSI Directive. The Open Knowledge Foundation already covered the basics of the Commission announcement. The COMMUNIA document draws attention to two areas where these proposals still need improvement: firstly regarding the conditions for re-use of public sector information that falls within the scope of the Directive; and secondly regarding public domain content that is held by libraries, museums and archives.
Conditions for re-use of public sector information
From the perspective of COMMUNIA the way the amended Directive addresses licensing of public sector content remains underdeveloped and as such has the potential to create diverging and potentially incompatible implementations among the Member states. The article of the amended Directive dealing with licensing mentions “standard licenses,” but does not sufficiently clarify what should be considered to be a standard license, and encourages the development of open government licenses. Instead of recommending the use and creation of more licenses, COMMUNIA suggests that the Commission should consider advocating the use of a single open license that can be applied across the entire European Union. Such licenses (stewarded by the Open Knowledge Foundation and Creative Commons) already exist and are widely used by a broad spectrum of data and content providers.
Public Domain Content held by libraries, museums and archives
COMMUNIA is supportive of the Commission’s suggested change to include cultural heritage institutions into the scope of the amended Directive. Access to and re-use of PSI has been one of the issues that has featured prominently in the work of COMMUNIA. For instance, the EC’s amendments to the Directive are aligned with COMMUNIA’s January 2011 policy recommendation #13, which states, “The PSI Directive needs to be broadened, by increasing its scope to include publicly funded memory organisations – such as museums or galleries – and strengthened by mandating that Public Sector Information will be made freely available for all to use and re-use without restriction.”
Including such content under the purview of the Directive will improve citizens’ access to our shared knowledge and culture and should increase the amount of digitized cultural heritage that is available online. But, while the amended Directive makes it clear that documents held by cultural heritage institutions in which there are no third party intellectual property rights will be re-usable for commercial or noncommercial purposes, it does not address the largest category of works held by cultural heritage institutions — those that are not covered by intellectual property rights at all because those works are in the public domain. COMMUNIA thinks that explicitly including public domain content held by libraries, museums and archives in the re-use obligation of the amended PSI Directive will strengthen the Commission’s position with regard to access and re-use of public domain content.
The full COMMUNIA association reaction to the EC’s proposal to amend Directive 2003/98/EC on re-use of public sector information can be downloaded here (PDF).Comments Off
The hearings are still going on; please keep calling, emailing, and otherwise spreading the word!
Tomorrow the House Judiciary Committee will debate and potentially vote on SOPA, the Internet Blacklist bill that would break the Internet.
Our friends at the Electronic Frontier Foundation have compiled a list of 12 actions you can take now to stop SOPA.
Soon you’ll find a huge banner at the top of every page on the CC site protesting SOPA. The Wikimedia community is considering a blackout to bring massive attention to the danger posed by SOPA. Many others are taking action. What are you doing?
For background on the bill, why it would be especially bad for the commons, and links for news, check out our previous post calling for action against SOPA and a detailed post from Wikimedia’s General Counsel.
Finally, remember that CC is crucial to keeping the Internet non-broken in the long term. The more free culture is, the less culture has an allergy to and deathwish for the Internet. We need your help too. Thanks!3 Comments »
November 16 the U.S. Congress will hold hearings on a bill that would unfairly, recklessly and capriciously enable and encourage broad censorship of the Internet in the name of suppressing distribution of works not authorized by copyright holders. As Public Knowledge aptly summarizes, the “Stop Online Piracy Act” would seriously “threaten the functioning, freedom, and economic potential of the Internet” by:
- short-circuiting the legal system, giving rightsholders a fast-track to shutting down whole websites;
- creating conflicts between Domain Name System (DNS) servers, making you more vulnerable to hackers, identity theft, and cyberattacks;
- sanctioning government interference with the Internet, making it more censored globally.
SOPA threatens every site on Internet, but would especially harm the commons, as the Electronic Frontier Foundation explains, focusing on free software. The same applies to free and open projects beyond software, which often use CC licenses. While standard public licenses have lowered the costs and risks of legal sharing and collaboration, SOPA would drastically increase both the costs and risks of providing platforms for sharing and collaboration (think sites ranging from individual blogs to massive community projects such as Wikipedia, from open education repositories to Flickr and YouTube), and vaporize accessibility to huge swathes of free culture, whether because running a platform becomes too costly, or a single possibly infringing item causes an entire domain to be taken down.
The trend that one can plot from the DMCA (1998) to SOPA, and continued extensions and expansions of copyright and related restrictions around the world, also demonstrate the incredible importance of the commons for healthy information policy and a healthy Internet — almost all other “IP” policy developments have been negative for society at large. The DMCA was decried by advocates of free speech and the Internet, and has over past 13 years had many harmful effects. Now, in 2011, some think that the U.S. Congress ‘struck the right balance’ in 1998, while big content is dissatisfied, and with SOPA wants to ratchet the ‘balance’ (watch out, 2024!) much further to their short-term advantage.
Techdirt has excellent coverage of the gritty details of SOPA, its ill effects, and the many constituencies alarmed (such as librarians and sports fans).
Please take action! If you aren’t already sharing works under a CC license and supporting our work, now is a good time. Bad legislation needs to be stopped now, but over the long term, we won’t stop getting new bad legislation until policymakers see broad support and amazing results from culture and other forms of knowledge that work with the Internet, rather than against it. Each work or project released under a CC license signals such support, and is an input for such results.7 Comments »
Today UNESCO and the Commonwealth of Learning jointly released the policy document Guidelines for Open Educational Resources (OER) in Higher Education. The purpose of the guidelines is “to encourage decision makers in governments and institutions to invest in the systematic production, adaptation, and use of OER and to bring them in to the mainstream of higher education in order to improve the quality of curricula and teaching and to reduce costs.”
UNESCO and COL note, “Open Educational Resources are teaching, learning or research materials that are in the public domain and released with an open license (such as Creative Commons). They allow communities of practitioners and stakeholders to copy, adapt and share their resources legally and freely, in order to support high-quality and locally relevant teaching and learning.”
The guidelines indicate how the potential of OER can be harnessed to support quality teaching and learning by higher education stakeholders, including governments, higher education institutions, teaching staff, students, and quality assurance, accreditation, and academic recognition authorities.
The Guidelines for OER in Higher Education inform the process leading up to the 2012 World OER Congress. That event is being organized by UNESCO and the Commonwealth of Learning, with support from the William and Flora Hewlett Foundation. The Congress will 1) work to promote the UNESCO/COL OER Policy Guidelines; 2) share the world’s best practices in OER policies, initiatives, and experts; and 3) release the 2012 Paris OER Declaration calling on Governments to support the development and use of OERs.
The UNESCO/COL policy document is licensed under a Creative Commons Attribution ShareAlike 3.0 license.5 Comments »