The keys to an elegant set of open licenses are simplicity and interoperability. CC licenses are widely recognized as the standard in the open access publishing community, but a major trade association recently published a new set of licenses and is urging its members to adopt it. We believe that the new licenses could introduce unnecessary complexity and friction, ultimately hurting the open access community far more than they’d help.
Today, Creative Commons and 57 organizations from around the world released a joint letter asking the International Association of Scientific, Technical & Medical Publishers to withdraw its model “open access” licenses. The association ostensibly created the licenses to promote the sharing of research in the scientific, technical, and medical communities. But these licenses are confusing, redundant, and incompatible with open access content published under other public licenses. Instead of developing another set of licenses, the signatories urge the STM Association to recommend to its authors existing solutions that will truly promote STM’s stated mission to “ensure that the benefits of scholarly research are reliably and broadly available.” From the letter:
We share a positive vision of enabling the flow of knowledge for the good of all. A vision that encompasses a world in which downstream communicators and curators can use research content in new ways, including creating translations, visualizations, and adaptations for diverse audiences. There is much work to do but the Creative Commons licenses already provide legal tools that are easy to understand, fit for the digital age, machine readable and consistently applied across content platforms.
So, what’s really wrong with the STM licenses? First, and most fundamentally, it is difficult to determine what each license and supplementary license is intended to do and how STM expects them each to be used. The Twelve Points to Make Open Access Licensing Work document attempts to explain its goals, but it is not at all clear how the various legal tools work to meet those objectives.
Second, none of the STM licenses comply with the Open Definition, as they all restrict commercial uses and derivatives to a significant extent. And they ignore the long-running benchmark for Open Access publishing: CC BY. CC BY is used by a majority of Open Access publishers, and is recommended as the optimal license for the publication, distribution, and reuse of scholarly work by the Budapest Open Access Initiative.
Third, the license terms and conditions introduce confusion and uncertainty into the world of open access publishing, a community in which the terminology and concepts utilized in CC’s standardized licenses are fairly well accepted and understood.
Fourth, the STM licenses claim to grant permission to do many things that re-users do not need permission to do, such as describing or linking to the licensed work. In addition, it’s questionable for STM to assume that text and data mining can be regulated by their licenses. Under the Creative Commons 4.0 licenses, a licensor grants the public permission to exercise rights under copyright, neighboring rights, and similar rights closely related to copyright (such as sui generis database rights). And the CC license only applies when at least one of these rights held by the licensor applies to the use made by the licensee. This is important because in some countries, text and data mining are activities covered by an exception or limitation to copyright (such as fair use in the United States), so no permission is needed. Most recently the United Kingdom enacted legislation specifically excepting noncommercial text and data mining from the reach of copyright.
Finally, STM’s “supplementary” licenses, which are intended for use with existing licenses, would only work with CC’s most restrictive license, Attribution-NonCommercial-NoDerivatives (BY-NC-ND). Even then they would have very limited legal effect, since much of what they claim to cover is already permitted by all CC licenses. As a practical matter, these license terms are likely to be very confusing to re-users when used in conjunction with a CC license.
The Creative Commons licenses are the demonstrated global standard for open access publishing. They’re used reliably by open access publishers around the world for sharing hundreds of thousands of research articles. Scholarly publishing presents a massive potential to increase our understanding of science. And creativity always builds on the past, whether it be a musician incorporating samples into a new composition or a cancer researcher re-using data from past experiments in their current work.
But to fully realize innovations in science, technology, and medicine, we need clear, universal legal terms so that a researcher can incorporate information from a variety of sources easily and effectively. The research community can enable these flows of information and promote discoveries by sharing writings, data, and analyses in the public commons. We’ve already built the legal tools to support content sharing. Let’s use them and not reinvent the wheel.
Questions should be directed to firstname.lastname@example.org Comment »
Today the European Commission released licensing recommendations to support the reuse of public sector information in Europe. In addition to providing guidance on baseline license principles for public sector content and data, the guidelines suggest that Member States should adopt standardized open licenses – such as Creative Commons licenses:
Several licences that comply with the principles of ‘openness’ described by the Open Knowledge Foundation to promote unrestricted re-use of online content, are available on the web. They have been translated into many languages, centrally updated and already used extensively worldwide. Open standard licences, for example the most recent Creative Commons (CC) licences (version 4.0), could allow the re-use of PSI without the need to develop and update custom-made licences at national or sub-national level. Of these, the CC0 public domain dedication is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions.
The Commission’s recommendations warn against the the development of customized licenses, which could break interoperability of public sector information across the EU. The guidelines clearly state that license conditions should be standardized and contain minimal requirements (such as attribution-only).
In order to proactively promote the re-use of the licenced material, it is advisable that the licensor grants worldwide (to the extent allowed under national law), perpetual, royalty-free, irrevocable (to the extent allowed under national law) and non-exclusive rights to use the information covered by the licence… it is advisable that [licenses] cover attribution requirements only, as any other obligations may limit licensees’ creativity or economic activity, thereby affecting the re-use potential of the documents in question.
This is a welcome outcome that will hopefully provide a clear path for data providers and re-users. It’s great to see this endorsement after our efforts alongside our affiliate network to advocate for clear best practices in sharing of content and data. The recommendation benefits from CC’s free international 4.0 licenses, saving governments time and money, and maximizing compatibility and reuse.Comments Off
This week the U.S. House Representatives introduced H.R. 4186, the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The stated goal of the proposed law — “to provide for investment in innovation through scientific research and development, [and] to improve the competitiveness of the United States — is worthy and well received. But part of the bill (Section 303) is detrimental to both existing and proposed public access policies in the United States.
Section 303 of the bill would undercut the ability of federal agencies to effectively implement the widely supported White House Directive on Public Access to the Results of Federally Funded Research and undermine the successful public access program pioneered by the National Institutes of Health (NIH) – recently expanded through the FY14 Omnibus Appropriations Act to include the Departments Labor, Education and Health and Human Services. Adoption of Section 303 would be a step backward from existing federal policy in the directive, and put the U.S. at a severe disadvantage among our global competitors.
The White House Directive, NIH Public Access Policy, Omnibus Appropriations Act, and the proposed Fair Access to Science and Technology Research Act (FASTR) all contain similar provisions to ensure public access to publicly funded research after a relatively short embargo (6-12 months). These policies make sure that articles created and published as a result of federal funding are deposited in a repository for access and preservation purposes. In addition, the policies provide for a reasonable process and timeline for agencies to development a plan to comply with the public access requirements.
The FIRST Act would conflict with each of these practices. Instead, if enacted it would permit agencies that must comply with the law to:
- Extend embargoes to federally funded research articles to up to 3 years after initial publication, thus drastically increasing the time before the public has free public access to this research. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
- Fulfill access requirements by providing a link to a publisher’s site. However, this jeopardizes long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved. A better outcome would be to ensure that a copy is deposited in a federally-controlled repository.
- Spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Directive and Omnibus Appropriations Act.
This bill is scheduled to be marked up in the House Committee on Science, Space, and Technology tomorrow, March 13.
But there are better alternatives, both in existing policy (e.g. White House Directive), and in potential legislation (e.g. FASTR). Here’s what you can do right now:
- Send a letter to members of the House Science, Space and Technology Committee opposing Section 303 of the FIRST Act.
- Use the SPARC action center to customize and send letters directly to your legislators. Tweet your opposition to Section 303 of the FIRST Act, or post about the bill on Facebook.
- Write a letter to the editor or an op-ed for your local or campus newspaper. You can write directly to them or by using the SPARC legislative action center.
- Share this post with your colleagues, labs, friends and family.
Yesterday the European CC Leads have under their regional identity CC Europe responded (PDF) to the ‘Public consultation on the review of the EU copyright rules’, run by the EU Commission through its Internal Market and Services Directorate. Like several other groups, the CC Leads have stressed the need for more robust and flexible exceptions and limitations throughout the region, especially regarding transformative uses in general and educational uses in particular. They also urge the EU Commission to find ways for copyright law in Europe to better recognize creator’s wishes to contribute to the ‘voluntary Public Domain’ through legal tools like CC0. They also highlighted once more the fact that CC Licenses are a patch for certain aspects of the copyright system but not a fix that substitutes legislative action. According to the Commission, all responses to the 80 question consultation will be published at some point in the future.Comments Off
Creative Commons has responded to the European Commission’s consultation on recommended standard licenses, datasets and charging for the re-use of public sector information (PSI). See our response here. The Commission asked for comments on these issues in light of the adoption of the new Directive on re-use of public sector information. The Directive 1) brings libraries, museums, and archives under the scope of the Directive, 2) provides a positive re-use right to public documents, 3) limits acceptable charging to only marginal costs of reproduction, provision, and dissemination, and 4) reiterates the position that documents can be made available for re-use under open standards and using machine readable formats. CC recognizes the high value of PSI not only for innovation and transparency, but also for scientific, educational and cultural benefit for the entire society.
The Commission has not yet clarified what should be considered a “standard license” for re-use (Article 8). The dangers of license proliferation–which potentially leads to incompatible PSI–is still present. But it’s positive that the Commission is using this consultation to ask specific questions regarding legal aspects of re-use.
Part 3 of the questionnaire deals with licensing issues. One question asks what should be the default option for communicating re-use rights. We believe that there should be no conditions attached to the re-use of public sector information. The best case scenario would be for public sector information to be in the public domain, exempt from copyright protection altogether by amending national copyright laws. If it’s not possible to pass laws granting positive re-use rights to PSI without copyright attached, public sector bodies should use the CC0 Public Domain Dedication (CC0) to place public data into the worldwide public domain to ensure unrestricted re-use.
Another question first states that the Commission prefers the least restrictive re-use regime possible, and asks respondents to choose which condition(s) would be aligned with this goal. Again, we think that every condition would be deemed restrictive, since ideally PSI would be removed from the purview of copyright protection through law or complete dedication of the PSI to the public domain using CC0. If the Commission were to permit public sector bodies to incorporate limited conditions through licensing, then they should be expected to use standard public licenses aligned with the Open Definition (with a preference for “attribution only” licenses). A simple obligation to acknowledge the source of the data could be accomplished by adopting a liberal open license, like CC BY. Such a license would also cover other issues, such as acknowledging that an adaptation has been made or incorporating a waiver of liability. Some of the conditions listed would be detrimental to interoperability of PSI. An obligation not to distort the original meaning or message of public sector data should be deemed unacceptable. Such an obligation destroys compatibility with standard public licenses that uniformly do not contain such a condition. The UK’s Open Government License has already removed this problematic provision when it upgraded from OGL 1.0 to OGL 2.0.
In addition to mentioning CC licensing as a common solution, the questionnaire notes, “several Member States have developed national licenses for re-use of public sector data. In parallel, public sector bodies at all levels sometimes resort to homegrown licensing conditions.” In order to achieve the goals of the Directive and “to promote interoperable conditions for crossborder re-use,” the Commission should consider options that minimize incompatibilities between pools of PSI, which in turn maximize re-use. As far as we are concerned that means that governments should be actively discouraged from developing their own licenses. Instead, they should be encouraged to adopt standard public licenses aligned with the Open Definition. But even better would be to consider removing copyright protection for PSI by amending copyright law or waiving copyright and related rights using CC0.1 Comment »
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 »
The Google Policy Fellowship program offers undergraduate, graduate, and law students interested in Internet and technology policy the opportunity to spend the summer contributing to the public dialogue on these issues, and exploring future academic and professional interests. Fellows will have the opportunity to work at public interest organizations at the forefront of debates on broadband and access policy, content regulation, copyright and trademark reform, consumer privacy, open government, and more.
The 2012 Google Policy Fellow will receive a substantial grant to work at Creative Commons’ office in Mountain View, California. We are looking for motivated candidates with partially-developed ideas in exploring a particular interest/expertise area, short research project, or related activity within the broad spectrum of open licensing and the commons. Past Google Policy Fellowship projects have included an analysis of the WIPO development agenda in relation to its effect on access to public domain materials, crucial research on the welfare impact of Creative Commons across various fields, and an investigation of the characterization of Creative Commons within U.S. legal scholarship over the past 10 years. We are very flexible in accommodating project ideas that will be mutually beneficial to the candidate and CC. We are interested in a wide range of activities, which could include conducting original research, researching and developing educational materials, or assisting in the development of activities/projects useful to our wide-ranging global community. Potential topics may include, but are certainly not limited to:
Encapsulated research within our CC contribution-study project. Examples include:
- Studying changing license adoption patterns in a specific community (can be quantitative, qualitative or comparative, with analysis depending on relevant applicant background)
- Studying changing license adoption patterns within a specific platform
- Studying the contribution of the platform in a specific context (applicant choice or our direction)
- Studying the contribution of the CC network in a specific context
- Studying CC’s contribution to the movement (with or without a human rights perspective; along the lines of expanding creation/data contribution to otherwise “distant” communities/persons/places/domains)
- Studying CC’s contribution to novel cultural fields
- For all the former: design DB (data gathering)
CC and the School of Open
- Help design challenges/courses around CC licenses, with a particular focus on how to certify and assess expertise on CC licenses and topics.
- Work would involve testing/evaluation with a user/creator community to measure effectiveness of courses.
- Develop documentation/case studies for different user/creator communities.
Research and development of CC related toolkits and guides
- Researching trends in CC usage, messaging around trends, development of high quality case studies and toolkits.
- Depending on applicant interest and CC needs, could create for CC in government adoption/public sector information, CC and innovative business models, etc.
- Translation projects (requires familiarity/experience with CC community)
- Community management projects (requires familiarity/experience in community management skills; applicant could usefully work on volunteers or team-model working groups projects)
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 »
A Brief Overview of U.S. Public Policy on OER from California’s Community Colleges to the Obama Administration
The Publius Project at Harvard’s Berkman Center for Internet and Society offers a new essay on OER and public policy in the United States: A Brief Overview of U.S. Public Policy on OER from California’s Community Colleges to the Obama Administration . Written by Carolina Rossini and Erhardt Graeff, it does a great job of pointing out the major recent movements toward OER in state and federal governments, and thoughtfully evaluates the issues that each initiative brings to the table.
“This post draws significantly from an interview on August 10, 2009 with Hal Plotkin, a Senior Advisor at the U.S. Dept. of Education, who has closely followed and been involved with OER policies in California. The interview was part of research on the educational materials sector being conducted under the Industrial Cooperation Project at the Berkman Center at Harvard University. The research is part of a broader project being led by Prof. Yochai Benkler and coordinated by Carolina Rossini. In the research, we are seeking to understand the approaches to innovation in some industrial sectors, such as alternative energy, educational materials, and biotechnology. The intention is to map the degree to which open and commons-based practices are being used compared to proprietary approaches and what forces drive the adoption and development of these models.”