public domain

Creative Commons at WIPO for the 9th meeting of the Committee on Development and IP

Timothy Vollmer, May 22nd, 2012

Recently, Andrés Guadamuz from CC Costa Rica was in Geneva at the 9th session of the Committee on Development and Intellectual Property (CDIP) at WIPO. Andrés has represented Creative Commons over the past few years at WIPO. CDIP was established in 2008 and deals with intellectual property issues relevant to developing nations. CC gained permanent observer status at CDIP in 2011.

At the meeting, Creative Commons delivered an intervention (this means offered a formal spoken comment) on Agenda Item CDIP/9/INF/2: Scenarios and Possible Options Concerning Recommendations 1c, 1f and 2a of the Scoping Study on Copyright and Related Rights and the Public Domain (PDF). The original study by Professor Séverine Dussolier can be located here for reference. Here are the recommendations under discussion:

1(c) The voluntary relinquishment of copyright in works and dedication to the public domain should be recognised as a legitimate exercise of authorship and copyright exclusivity, to the extent permitted by national laws (possibly excluding any abandonment of moral rights) and upon the condition of a formally expressed, informed and free consent of the author. Further research could certainly be carried out on that point. [...]

1(f) International endeavours should be devoted to developing technical or informational tools to identify the contents of the public domain, particularly as far as the duration of copyright is concerned. Such tools can be data collections on works, databases of public domain works, or public domain calculators. International cross-operation and cross-referencing of such tools is of particular importance. [...]

2(a) The availability of the public domain should be enhanced, notably through cooperation with cultural heritage institutions and UNESCO (through its work on the preservation of intangible cultural heritage).

Creative Commons made a statement focusing primarily on Sections 1(c) and 1(f). CC communicated that in support of 1(c) it has developed the CC0 public domain waiver as a tool for those who wish to relinquish copyright, database, and related rights to the extent allowed by law. In support of 1(f), CC welcomed the mention of its tools as a mechanism that can help identify works already in the public domain (such as the Public Domain Mark) and communicate license metadata so that search engines can filter and display to users what content is available for reuse, and under which conditions.

Below is the text of the intervention (PDF) made by Andrés. This crux of this entry is cross-posted at TechnoLlama. The COMMUNIA association, of which Creative Commons is a founding member, also offered an intervention on this agenda item. You can find previous CC interventions and associated WIPO documents on the wiki.

Creative Commons statement to the CDIP on the Public Domain

Thank you Mr Chairman, we would like to congratulate you on your election to preside this Committee.

In his keynote presentation to the Global INET Conference here in Geneva just a couple of weeks ago, Dr Francis Gurry described intellectual property as a balancing mechanism for all of the often competing rights and equities that occur in and around the creation of innovation. Creative Commons strongly believes in this balance of rights, and strives to offer technical and legal tools to make that balance possible. We also believe that an integral part of that balance has to be the protection and promotion of the Public Domain. The public domain enriches the global cultural and intellectual environment; it allows the reproduction and reuse of countless classics that are often modernized and reintroduced to new audiences and new generations. One could almost say that they are remixed.

It is with that in mind that we welcome the Secretariat’s inclusion on this session of the Scenarios and Possible Options Concerning Recommendations 1c, 1f and 2a of The Scoping Study on Copyright and Related Rights and The Public Domain, and commend the author of The Scoping Study, Prof. Severine Dusollier. We encourage the adoption of all three recommendations, but we would like to complement the information contained in the document with regards to recommendations 1c and 1f.

With regards to Recommendation 1c, and as the document CDIP/9/INF/2 accurately describes, Creative Commons offers CC0, a universal tool that allows users to voluntarily relinquish all copyright, database and related rights to the fullest extent allowed by law. CC0 is a tool that was conceived and created out of both necessity and demand. Dedicating works to the public domain is difficult if not impossible for those wanting to contribute, voluntarily and of their own free will, their works for public use before applicable copyright or database protection terms expire. Few if any jurisdictions have a process for doing so easily and reliably. Laws vary from jurisdiction to jurisdiction as to what rights are automatically granted and how and when they expire or may be voluntarily relinquished. We understand the inherent difficulties with dealing with this issue in a comprehensive manner given the different approaches to copyright seen from Common and Civil legal traditions. Moreover, our conversations with copyright holders over CC’s 10 years in existence revealed that for some rights holders, there is a desire to signal clearly and unequivocally that their work may be used without reference to restrictions that the holder no longer wishes to retain for any number of reasons. This demand, coupled with the complex and lack of harmonized copyright frameworks, resulted in the creation of CC0. CC0 has been leveraged by numerous important rights holders, including the Dutch Government, the British Library, and the Personal Genome Project, and is part of the legal framework for important projects such as Europeana. For these reasons, we second the Secretariat’s recommendation to conduct a study on copyright relinquishment, and we also encourage this Committee to continue this important avenue.

With regards to Recommendation 1f, we once again welcome the Secretariat’s specific mention of the practices and tools available through Creative Commons. The possibility of marking copyright works with license metadata can tell search engines what is available for reuse, and under which conditions. We applaud all of the national and regional practices cited in the Secretariat’s document, and agree that these efforts must continue. Specifically, we encourage member states and regional bodies to continue to attempt to make public registry data more widely available. We would like to see a more proactive role by WIPO in the international arena. Among other promising avenues, WIPO could host some tools to facilitate the sharing of public registry information on their website, such as an aggregated database of existing registries.

Concluding, Creative Commons thoroughly supports efforts that will enhance the ability of rightsholders to voluntarily relinquish copyright thereby enriching the public domain, and of the public to access and use the public domain as copyright law full intends.

Thank you.

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COMMUNIA explores role of digital public domain in final report

Jane Park, May 16th, 2012

From 2007 to 2011, COMMUNIA was a project funded by the European Commission to explore the role of the public domain in the digital age. Over four years, COMMUNIA, or The European Thematic Network on the Digital Public Domain, gathered over 50 members from academia and the CC community to research, promote, and preserve the digital public domain. In 2011, COMMUNIA’s members decided to continue the network as an international nonprofit association.

We would like to highlight two recent publications by COMMUNIA that shed light on COMMUNIA’s progress:

In April, COMMUNIA released, “The Digital Public Domain: Foundations for an Open Culture” under CC BY:

“This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project [from 2007-2011]. Together the authors argue that the Public Domain — that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information — is fundamental to a healthy society.”

More recently, COMMUNIA published its Final Report, also under CC BY:

“This Public Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain (hereinafter “COMMUNIA”). This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable. Each of the subjects indicated above will be further developed and detailed in Annex I, Annex II, and Annex III of this Report, respectively.”

The Final Report, along with the collection of essays above, highlights much of the good work completed by COMMUNIA over the years, including The Public Domain Manifesto, of which many CC affiliates, staff, and community members were a part of drafting.

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National Libraries and a Museum open up their data using CC0

Jane Park, March 12th, 2012

CC0 has been getting lots of love in the last couple months in the realm of data, specifically GLAM data (GLAM as in Galleries, Libraries, Archives, Museums). The national libraries of Spain and Germany have released their bibliographic data using the CC0 public domain dedication tool. For those of you who don’t know what that means, it means that the libraries have waived all copyrights to the extent possible in their jurisdictions, placing the data effectively into the public domain. What’s more, the data is available as linked open data, which means that the data sets are available as RDF (Resource Description Framework) on the web, enabling the data to be linked with other data from different sources.


“Open Data Stickers” / Copyright and related rights waived via CC0 by jwyg

The National Library of Spain teamed up with the Ontology Engineering Group (OEG) to create the data portal: datos.bne.es. The datasets can be accessed directly at http://www.bne.es/es/Catalogos/DatosEnlazados/DescargaFicheros.

The National Library of Germany, aka Deutsche Nationalbibliothek (DNB), has documentation on its linked open data under CC0 here. CC Germany reported the move, and a post in English can be found over at Open GLAM.

Relatedly, the Smithsonian Cooper-Hewitt Museum, a major design museum in New York, has released the collection data for 60% of its documented collection into the public domain, also using CC0. The data set is available on a repository in Github; you can read more about the move at http://www.cooperhewitt.org/collections/data.

To learn more about Creative Commons and data, including a recently updated FAQ, check out http://wiki.creativecommons.org/Data.

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Guide to Finding Interesting Public Domain Works Online by the Open Knowledge Foundation

Jane Park, January 25th, 2012

The Open Knowledge Foundation has published a nifty guide on the basics of Finding Interesting Public Domain Works Online. You can skim the guide in well under ten minutes, and it includes useful links and accompanying descriptions to online collections where PD works can be found, including Europeana, the Internet Archive, and Project Gutenberg. It also contains quite a few references to Creative Commons and succinct explanations of the relevant CC tools, such as the Public Domain Mark and the CC0 Public Domain Dedication. The guide, like all articles at The Public Domain Review, is available for reuse under CC BY.


Bibliotheca Buloviana (Ausschnitt) / Georg Daniel Heumann / Public Domain

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Safecast: Global sensor network collects and shares radiation data via CC0

Jane Park, December 5th, 2011


INTERPOLATION MAP / Lionel Bergeret, Safecast / CC BY-NC

One week after the nuclear disaster at the Fukushima Diachi plant in March, the Safecast project was born to respond to the information needs of Japanese citizens regarding radiation levels in their environment. Safecast, then known as RDTN.org, started a campaign on Kickstarter “to provide an aggregate feed of nuclear radiation data from governmental, non-governmental and citizen-scientist sources.” All radiation data collected via the project would be dedicated to the public domain using CC0, “available to everyone, including scientists and nuclear experts who can provide context for lay people.” Since then, more than 1.25 million data points have been collected and shared; Safecast has been featured on PBS Newshour; and the project aims to expand its scope to mapping the rest of the world.

“Safecast supports the idea that more data – freely available data – is better. Our goal is not to single out any individual source of data as untrustworthy, but rather to contribute to the existing measurement data and make it more robust. Multiple sources of data are always better and more accurate when aggregated.

While Japan and radiation is the primary focus of the moment, this work has made us aware of a need for more environmental data on a global level and the longterm work that Safecast engages in will address these needs. Safecast is based in the US but is currently focused on outreach efforts in Japan. Our team includes contributors from around the world.”

To learn more, visit http://safecast.org. All raw data from the project is available for re-use via the CC0 public domain dedication, while other website content (such as photos and text) are available under CC BY-NC.

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Europeana Licensing Framework published

Jane Park, December 2nd, 2011

Yesterday, Europeana — Europe’s digital library, museum and archive, and the first major adopter of the Public Domain Mark for works in the worldwide public domain — published and made available The Europeana Licensing Framework using the CC0 public domain dedication. The licensing framework encompasses and is a follow-on to the recent Data Exchange Agreement that Europeana adopted in September, and which Europe’s national librarians publicly supported weeks later.

In Europeana’s own words, the licensing framework “underpins Europeana’s Strategic Plan” for 2011-2015:

“The goal of the Europeana Licensing Framework is to standardize and harmonize rights-related information and practices. Its intention is to bring clarity to a complex area, and make transparent the relationship between the end-users and the institutions that provide data.”

“Users need good and reliable information about what they may do with [content]. Whether they can freely re-use it for their educational, creative or even commercial projects or not. The Europeana Licensing Framework therefore asks data providers to provide structured rights information in the metadata they provide about the content that is accessible through Europeana. Doing so makes it easier for users to filter content by the different re-use options they have – by ‘public domain’, for example and hence easier for users to comply with licensing terms.”

The framework supports re-use of data and content through CC legal tools (CC0 public domain dedication, the Public Domain Mark, and CC BY-SA), providing guidelines for their appropriate applications. Download the European Licensing Framework (pdf) or peruse the full set of resources at Europeana Connect.

Update

Relatedly, see Europeana’s white paper no. 2 published last month, The Problem of the Yellow Milkmaid: A Business Model Perspective on Open Metadata (pdf). The white paper “explore[s] in detail the risks and rewards of open data from different perspectives” after “extensive consultation with the heritage sector, including dozens of workshops.” It opens:

“‘The Milkmaid’, one of Johannes Vermeer’s most famous pieces, depicts a scene of a woman quietly pouring milk into a bowl. During a survey the Rijksmuseum discovered that there were over 10,000 copies of the image on the internet—mostly poor, yellowish reproductions1. As a result of all of these low-quality copies on the web, according to the Rijksmuseum, “people simply didn’t believe the postcards in our museum shop were showing the original painting. This was the trigger for us to put high-resolution images of the original work with open metadata on the web ourselves. Opening up our data is our best defence against the ‘yellow Milkmaid’.”

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CC News: Metadata for millions of cultural works will be published under CC0

Jane Park, October 6th, 2011

Stay up to date with CC news by subscribing to our weblog and following us on Twitter.

Europeana adopts new data exchange agreement, all metadata to be published under CC0

Europeana — Europe’s digital library, museum and archive, and the first major adopter of the Public Domain Mark for works in the worldwide public domain — has adopted a new Data Exchange Agreement. The agreement, which data providers and aggregators will transition to by the end of 2011, authorizes Europeana to release the metadata for millions of cultural works into the public domain using the CC0 public domain dedication. All metadata for cultural works accessible via the Europeana portal, including previously-delivered metadata, will then be available for free and open re-use. Read more.

New CC Office
Thilo Sarrazin am 3. Juli 2009 by Nina Gerlach
CC BY-SA

Creative Commons Attribution-ShareAlike license enforced in Germany

The Creative Commons Attribution-ShareAlike 3.0 Unported license (CC BY-SA) has been enforced by a judicial injunction in Germany. Legal analysis will be added to our case law database in the coming days. Till Jaeger reported the case at ifrOSS. The photo at right was used without providing attribution to the photographer and without providing notice of the license used, both core requirements of all CC licenses. This is an exciting ruling for CC, as the attribution and notice requirements are very clearly stated and upheld. Read more.

Prof. Brian Fitzgerald joins the Creative Commons Board

Many of you may be familiar with Brian, who has been the legal lead of CC Australia since 2004 and has made an outstanding contribution to the CC and broader open access communities. Brian’s appointment is a product of the first Affiliate Recommendation Process for Board Candidates, which petitioned members of its Affiliate network to recommend new members of the Board of Directors. Having supervised law students from over 30 different countries in his role as director of the Intellectual Property and Technology Law Clinic at Queensland University of Technology and beyond, Brian brings to the Board not only his own formidable expertise but also that of a significant international network. Read more.

In other news:

  • The Creative Commons Global Summit was a huge success! Read highlights from the event here.
  • Freesound, a collaborative database of nearly 120,000 sounds, launches a complete rewrite of its site, implementing a long-awaited license migration. CC takes this opportunity to retire the Sampling+ licenses. Read more.
  • $500 million is awarded to first round grantees of the U.S. Department of Labor's community college career training program. New learning materials resulting from these funds are required to be licensed under CC BY. Read more.
  • Video creators can now find CC-licensed tracks for their videos via the newly launched Vimeo music store with CC-licensed music curated and provided by the Free Music Archive.
  • The 11th annual Media That Matters Film Festival is premiering on October 27 in New York City. Films from the festival will be made available online after the event under CC BY-NC-ND. Learn more.
  • The winners of the Free! Music! Contest 2011 were announced last month, and published into a 19-track album available for free under CC BY-SA and also for purchase as a CD. Check it out here.
  • Flickr, the ever popular photo-sharing site, reaches the 200 million mark for CC-licensed photos!
  • Lastly, CC announced opportunities last month for two full-time positions: Senior Project Manager and Senior Project Analyst. Applications close this Friday, October 7.

Banner photo is a film still from Europeana Remix by EuropeanaCC BY-SA.

 

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Europe’s national librarians support opening up their data via CC0

Jane Park, October 4th, 2011

Following the exciting news of Europeana’s new data exchange agreement, which authorizes Europeana to release the metadata for millions of cultural works into the public domain using the CC0 public domain dedication, the Conference of European National Librarians (CENL) voted to support the agreement in a meeting last week at the Royal Library of Denmark. CENL represents Europe’s national libraries and “is responsible for the massive collection of publications that represent the accumulated knowledge of Europe.” From the press release,

“It means that the datasets describing all the millions of books and texts ever published in Europe – the title, author, date, imprint, place of publication and so on, which exists in the vast library catalogues of Europe – will become increasingly accessible for anybody to re-use for whatever purpose they want.

Bruno Racine, new Chair of CENL and President of the Bibliothèque nationale de France, and Dr. Elisabeth Niggemann, former Chair of CENL and Director of the Deutsche Nationalbibliothek, welcomed the leadership shown by CENL. Dr Niggemann said…‘Only in that way can society derive full social and economic benefit from the data that we’ve created to record Europe’s published output over the past 500 years. The best analogy is between bottled water and a water main. Rather than bottling it and branding it, we’re putting data on tap, so that everyone has free and open access, and can use it for whatever purpose they need.’”

Read more about Europeana’s Data Exchange Agreement.

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Europeana adopts new data exchange agreement, all metadata to be published under CC0

Diane Peters, September 22nd, 2011

Europeana — Europe’s digital library, museum and archive, and the first major adopter of the Public Domain Mark for works in the worldwide public domain — has adopted a new Data Exchange Agreement. The agreement, which data providers and aggregators will transition to by the end of 2011, authorizes Europeana to release the metadata for millions of cultural works into the public domain using the CC0 public domain dedication. All metadata for cultural works accessible via the Europeana portal, including previously-delivered metadata, will then be available for free and open re-use.

Additionally, the new agreement requires data providers to make best efforts to correctly identify content that is public domain as being public domain. Last October, Europeana announced plans to use the PDM as the standard mark for works free of known copyright that are shared via the Europeana portal, playing an important infrastructural role in the EU’s efforts to ensure that all works shared online are marked with rights information.

Europeana has also published non-binding Usage Guidelines that users of the metadata are asked to follow, including a specific request that users “actively acknowledge and give attribution to all the sources” of the metadata.

This is hugely exciting news for CC and open culture! Read more about the Data Exchange Agreement. Congratulations Europeana on your leadership!

Update: Europe’s national librarians support opening up their data via CC0

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Launch of The Public Domain Review website

Timothy Vollmer, August 10th, 2011

We’re pleased to see the launch of The Public Domain Review. The Review is a website with weekly updates in which scholars, writers, artists, librarians and others present an interesting or curious work (including films, photographs, texts and audio) from the public domain and write short accompanying articles about it that provide background, context, history, or other commentary or criticism. There are already several articles up on the site. The Review is also accepting submissions.

The Public Domain Review aspires to become a bounteous gateway into the whopping plenitude that is the public domain, helping our readers to explore this rich terrain by surfacing unusual and obscure works, and offering fresh reflections and unfamiliar angles on material which is more well known.

The Public Domain Review will highlight public domain materials from Wikimedia Commons, The Internet Archive, Flickr’s The Commons, and other sites. While all the multimedia content featured on the site is in the public domain, the reviews themselves are published under the Creative Commons Attribution license.

Congratulations to editors Adam Green and Jonathan Gray on launching this fascinating site that will share and celebrate the vast wonders of the public domain! You can sign up for updates, or follow on Twitter.

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