public domain

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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License or public domain for public sector information?

Mike Linksvayer, June 20th, 2011

Mike Masnick at Techdirt asks Does It Make Sense For Governments To Make Their Content Creative Commons… Or Fully Public Domain?

Ideally all Public Sector Information (PSI; government content and data) would be in the public domain — not restricted by copyright or any related rights. Masnick points to the U.S. federal government’s good policy:

nearly all works produced by the [U.S.] federal government automatically go into the public domain, and don’t receive any form of copyright

Unfortunately it is not quite that good: works produced for the U.S. federal government, but not directly by federal government employees or officers are covered by copyright — including works acquired, produced by contractors, and funded by grants. Furthermore, works produced by U.S. federal government employees are only unambiguously free of copyright in the U.S., thus cannot be considered in the public domain worldwide. This is not to say that the U.S. federal government policy is not stellar — relative to policies of other levels of government within the U.S., and those of other governments worldwide, it truly is, to the particular and tremendous benefit of the U.S. people and economy. But we live in a globalized and highly interconnected world now, and even that stellar policy could be improved.

This brings us to another question: how to improve policy around PSI? The status of U.S. federal government works is specified in the U.S. Copyright Act. Crown Copyright is specified in the copyright acts of various commonwealth jurisdictions. Similarly many other jurisdictions’ copyright acts specify the status of and any special limitations and exceptions to copyright for government works. Clearly changing a jurisdiction’s copyright act or otherwise changing its default status for PSI (preferably to public domain) would be most powerful. But they aren’t changes anyone can effect relatively quickly and deterministically (historically opening up a copyright act has led to more restrictive copyright).

In the meantime (presumably many years) there’s a tremendous desire to make government more accessible and unlock the value of content and data that is funded, held, and produced by governments — and existing public sector copyright defaults are recognized as a barrier to achieving these benefits. Especially in the last few years, governments have been implementing their own directives aimed to modernize PSI while some government agencies and politicians look to move more quickly within their remits, and activist citizens push to clear barriers to the potential of “open government” or “government 2.0″ with utmost urgency. This is where government use of a standard public license, usually one of the Creative Commons licenses, makes lots of sense. An agency, province, city or other body that holds copyright or funds the creation of copyrighted works can choose to open its or funded content by releasing under one of the Creative Commons licenses, or if they are really progressive, under the CC0 Public Domain Dedication.

Many governments are using CC tools in just these ways, and we expect that many more will in the coming years. That said, if any do manage to change policy defaults for PSI such that more government content and data is automatically in the public domain — we will be cheering all the way. In fact, we already have a tool for marking and tagging works that are in the public domain worldwide. The CC Public Domain Mark is currently applicable to really old works, but it would be lovely if a government were to decide to by law make all of its content unambiguously public domain, worldwide, thus making the CC Public Domain Mark applicable (of course there is no requirement to use the mark; it is just there for people and institutions that wish to use it to signal to humans and machines the public domain status of a work).

A couple caveats. First, whether they ought to or not, many governments like using copyright to control PSI. Sometimes the desire comes from a good place, e.g, to have the information be used in a way so as to not mislead the public, imply endorsement of the government, or imply that other regulations, e.g., privacy, do not apply. CC licenses have mechanisms to address these concerns where relevant (e.g., attribution to original URL, noting adaptation, non-endorsement) and government licensing frameworks (or non-binding guidelines in the case of the public domain) that explain orthogonal rights and responsibilities (e.g., privacy) but do not create incompatible licenses are key to addressing these concerns.

Second, although as noted above, usually use of any CC license would give the public more rights to PSI than they have now. But, licenses with a NonCommercial or NoDerivatives restriction set the bar too low. Clearly to maximize the value of public sector information, business needs to have access, and to maximize the ability of citizens to do interesting things with content, adaptation needs to be permitted. We strongly prefer governments use fully free/open CC tools — the CC0 Public Domain Dedication and CC Attribution (BY) and Attribution-ShareAlike (BY-SA) licenses. The Definition of Free Cultural Works and Open Knowledge Definition spell out why those tools are preferred in general. We look forward to working with the Open Knowledge Foundation and others to flesh out the specific and even more compelling case for fully free/open PSI.

Further reading:

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