A few months ago the United States Copyright Office issued a request for comments on an extended collective licensing (ECL) pilot program they are considering for mass digitization projects. The Office thinks that such a program would permit greater access to cultural works by allowing institutions to engage in mass digitization and then licence those digital collections for a fee. Creative Commons and Creative Commons USA submitted comments to the Copyright Office in coordination with Wikimedia and Internet Archive.
We urged the Office to reconsider the pilot because the fair use doctrine has actually been strengthened in the U.S. due to recent court cases. This has increased the certainty with which a number of entities can engage in mass digitization. And even though the Office points toward similar pilots in Europe, their reliance on ECL is a response to the inflexibility of the current EU copyright framework. Some European cultural heritage institutions are willing to accept the ECL framework because they have no other option. U.S. institutions—such as university libraries—can rely on fair use.
The ECL system as proposed by the Office would not work well to support mass digitization projects. Many authors are not primarily interested in financial rewards—for example those that write scholarly books. And if there is no expectation of revenues for the creator, paying a collective rights organization collect fees to use such works is inefficient and in opposition to the intentions of these authors.
The proposed ECL scheme in the U.S. would be more powerful if it could do more, but the Office has chosen to favor a pilot program that would “facilitate the work of those who wish to digitize and provide full access to certain collections of books, photographs, or other materials for nonprofit educational or research purposes.” By limiting the proposed ECL scope to noncommercial uses, the Office inadvertently makes a stronger case that the activities of digitizers and users will be considered a fair use and that the ECL is not needed in the first place.
We explained that if the Office ultimately pursues an ECL pilot, it should affirmatively exclude works that are publicly licensed and allow other authors who wish to be excluded to apply a Creative Commons license to their work.
In the end, we agreed with many of the libraries that if the Copyright Office is serious about helping to increase legal mass digitization of our shared cultural heritage, it should instead focus on: 1) Encouraging the application of fair use to digitization projects; 2) Promoting the development of better copyright ownership and status information through enhanced registries, rethinking recordation, and asking copyright owners to identify themselves and their works through an internationally-compliant formalities system; and 3) Providing better access to existing copyright ownership and status information by digitizing or encouraging others to digitize and provide free access to all of the Copyright Office’s records.
Post written by John Weitzmann
Creative Commons and the European group of CC Affiliates are proud and happy to announce the launch of the official Polish translation of CC0 version 1.0.
Translation is an essential part of our efforts to be a truly global project, offering legal tools that work for everyone regardless of language and origins of the respective legal system. Our tools aren’t finished until everyone who wants to use them has the ability to understand the license in the language they know best. The Polish CC0 translation exemplifies how our affiliates, in this case Centrum Cyfrowe in Warsaw as hosting organization of Creative Commons Poland together with other volunteers, are achieving that goal. Together with the Polish Coalition for Open Education, CC Poland had engaged in extensive analysis of the usability of CC0 under Polish law in advance of conducting the translation, this included engagement with the Polish Ministry of Culture and Heritage and the wider community of legal experts in Poland and abroad.
The Polish CC0 translation has passed the various internal and external stages of the standard process divised for this and is now complete. Further info on the public discussion that forms part of this process can be found here (in Polish). Key contributors in the process were Helena Rymar, Marcin Serafin and Katarzyna Strycharz, and further expertise and comments were provided by Krzysztof Siewicz and Adrian Niewęgłowski. Alek Tarkowski of CC Poland and Piotr Wasilewski presented on CC0 in October 2015 at a meeting organized by the Department of Intellectual Property Law of Jagiellonian University in collaboration with Creative Commons Poland, focussing on CC0 and the boundaries of copyright law.
Polish cultural institutions for a long time had been interested in CC0 as a tool, particularly because of their collaboration with Europeana. The team of CC Poland therefore expects a large increase in the use of the CC0 by libraries, archives and museums. We are proud to hear that for example the Polish National Institute for Museums and Public Collections (Narodowy Instytut Muzealnictwa i Ochrony Zbiorów – NIMOZ) in a brochure recommends the use of CC0 for digitized museum resources.
From now on, CC0 in Polish is available on the CC server at https://creativecommons.org/publicdomain/zero/1.0/legalcode.pl.No Comments »
The declaration increases interoperability of the commons for games, hardware designs, and more
In January we officially opened a public consultation (blog post) on CC BY-SA 4.0 unilateral compatibility with GPLv3, in accordance with our ShareAlike compatibility process and criteria. Following additional months of detailed analysis, discussion and deliberation with the Free Software Foundation and other stakeholders, we are very pleased to announce that we have added a declaration of one-way compatibility from CC BY-SA 4.0 to GPLv3 to our compatible licenses page!
Put simply this means you now have permission to adapt another licensor’s work under CC BY-SA 4.0 and release your contributions to the adaptation under GPLv3 (while the adaptation relies on both licenses, a reuser of the combined and remixed work need only look to the conditions of GPLv3 to satisfy the attribution and ShareAlike conditions of BY-SA 4.0).
This doesn’t mean that you should apply GPLv3 to your revised BY-SA 4.0 work — in most cases it makes sense to release adaptations under the same license as the original, even if not required (e.g., in the case of CC BY or CC0) to facilitate ongoing collaboration with the “upstream” and peer “forks”. But if your use case calls for or requires (in the case of remixing CC BY-SA 4.0 and GPLv3 material to make a single adaptation) releasing a CC BY-SA 4.0 adaptation under GPLv3, now you can: copyright in the guise of incompatible copyleft licenses is no longer a barrier to growing the part of the commons you’re working in. We hope that this new compatibility not only removes a barrier, but helps inspire new and creative combinations of software and culture, design, education, and science, and the adoption of software best practices such as source control (e.g., through “git”) in these fields.
Since 2005 Creative Commons has been working to increase the legal interoperability of the commons — roughly the ability to use works in the commons together, usually in the form of adaptation, without legal barriers. This has meant retiring little-used CC licenses that were incompatible with other licenses — meaning works under the now-retired licenses could not be remixed with works in the commons under more popular licenses. It has meant working with other license stewards and user communities to migrate projects to licenses compatible with those used for the largest pools of relevant works, as when we worked with the Free Software Foundation and the Wikimedia community to facilitate the latter migrating from the GNU Free Documentation License to CC BY-SA 3.0 as its default license. It has meant working with governments to use and mandate broadly used licenses, or the least ensure that government-specific licenses are compatible with broadly used licenses, most often CC-BY.
Finally, this long-term push for increasing interoperability meant developing an explicit mechanism for declaring compatibility between CC BY-SA and similar share-alike or copyleft licenses. Absent such a mechanism, works under different copyleft licenses cannot be used together to form an adaptation, as copyleft licenses typically require that adaptations be released under the same license as the original work. We first introduced the mechanism in CC BY-SA 3.0 (2007) but it has yet to be used for that license — the most pressing interoperability barrier at the time was mitigated instead through a temporary allowance for license migration (see Wikimedia above) — and we believe compatibility should only be declared after much careful analysis and deliberation. With CC BY-SA 4.0 (2013) the mechanism was enhanced, allowing the possibility of unilateral as well as bilateral compatibility. Nearly a year ago CC BY-SA 4.0 was declared bilaterally compatible with the Free Art License 1.3.
Since the beginning of version 4.0 consultations (2011) and before, we have been discussing with the Free Software Foundation and other stakeholders the possibility of declaring unilateral compatibility from CC BY-SA 4.0 to GPLv3, allowing new contributions to adaptations of works under the former to be released under the latter, and thus also allowing adaptations to be created from works under both licenses. The demand for such an arrangement comes from a variety of use cases, including games and other smart artifacts for which it isn’t always easy to separate software and non-software, hardware designs for which both CC BY-SA and GPL family licenses are popular, and artists who wish to require that adaptations of adaptations not only be allowed, but facilitated through availability of a “preferred form of the work for making modifications”, as the GPL requires. These may seem like niche issues if you think only of media such as text, images, and data. But as the saying goes, “software is eating the world”; the winning educational resources, cultural artifacts, and research inputs and outputs of the future will be software, designed by software, processed by software, or all three. Mitigating legal barriers to remixing “software” and “non-software” in the commons is one thing we can do to help ensure the commons remains vibrant.
Increasing interoperability of the commons is a very long-term, ongoing process, in part enabled by cooperation between license stewards within and across particular domains. CC BY-SA 4.0 one-way compatibility with GPLv3 is a huge win. It took many years to achieve. There are still many incompatibilities among licenses used for data, hardware designs, software, and other materials, both within those domains and especially across them. What commons interoperability fixes do you want to see in the next 5-10 years?Comments Off on CC BY-SA 4.0 now one-way compatible with GPLv3
Earlier this year, Creative Commons and the Open Policy Network hosted the first Institute for Open Leadership (IOL). The IOL is a training and support program to empower new leaders interested in crafting and implementing an open licensing policy within their discipline. We had a diverse cohort of 14 fellows who came together for a week in January, 2015 in San Francisco. The fellows worked with mentors and each other to hone their open policy project ideas. Since then they’ve working within their institutions and fields to implement their open policy plan.
Today we’re opening the application period for the next round of the institute. IOL 2 will take place March 14-18, 2016 in Cape Town, South Africa.
Application instructions are on the Institute for Open Leadership webpage. Applications are due October 30, 2015. We will accept 15 IOL fellows.
We encourage applications from a variety of areas, including the public sector, cultural heritage institutions, publishing, and scientific labs. We’re interested in individuals who are eager to become experts in open licensing, pursue new opportunities for open sharing of content and data, and directly influence policy decisions in their institution and field of work.Comments Off on Institute for Open Leadership 2: Apply now
Creative Commons awarded $450,000 from the Arcadia Fund to support open access publishing for authors
Creative Commons is pleased to announce a grant award in the amount of $450,000 over 3 years from the Arcadia Fund, the charitable fund of Lisbet Rausing and Peter Baldwin. Since its inception in 2001, Arcadia has awarded grants in excess of $331 million. Arcadia works to protect endangered culture and nature. Creative Commons will use funds from Arcadia to develop tools that complement the current CC license suite and empower authors to retain or regain their right to publish so they can make their scholarly and academic works available for public use.
Building on the success of the current CC licenses — now with nearly 1 billion licenses in use across over 9 million websites — Creative Commons is enthusiastic about developing tools that can be used by authors who “write to be read” but face all too common barriers to making their research openly available. These resources will be developed for global use, taking into account country-specific copyright laws, customs, and language. Once in widespread use, these tools are expected to increase the number of articles and publications that are available for broad public use.
To accomplish this ambitious goal, Creative Commons will work with CC’s international network of over 100 affiliates working in over 80 regions around the world. This core group will next convene at the 2015 Creative Commons Global Summit on October 14-17 in Seoul, South Korea. A dedicated summit session will be held to discuss the best approach to formulating tools and materials that enable authors to retain and regain their rights, while also addressing the needs of publishers. Collaborators on this project include Authors Alliance, Free Culture Trust, and SPARC, all of whom are dedicated to supporting authors, institutions, and the public in promoting access to research and scholarly work. Importantly, this group also includes academic publishers who support or have interest in promoting open access principles.
Creative Commons is grateful to the Arcadia Fund for its essential support of our work. We look forward to sharing our progress and success with all of you!
About Creative Commons and our collaborators
Creative Commons enables the sharing and use of creativity and knowledge through free legal tools to help realize the full potential of the Internet—universal access to research and education, and full participation in culture.
Authors Alliance is a membership-driven non-profit organization that supports and advocates for authors who write to be read.
Free Culture Trust is dedicated to helping authors and artists make their works widely available by removing bureaucratic and structural barriers to sharing.
SPARC is an international alliance of organizations dedicated to creating a more open system for sharing research and scholarship.Comments Off on Creative Commons awarded $450,000 from the Arcadia Fund to support open access publishing for authors
This is a guest post by Jan Gondol.
In the midst of the European migrant crisis, the Czech Republic is showing the power of open educational resources (OER).
EDUin, a non-profit organization based in Prague worked with the Czech organization of civic education teachers to address the current migrant crisis. Students in schools were asking questions and wanted to understand what was going on. Why are so many people on the run? What is the difference between a refugee and a migrant? What is the difference between migration, emigration and immigration?
The teachers worked on developing the materials for Czech schools, and the resulting worksheets are now shared on their website (in the Czech language). These worksheets are licensed under CC BY-NC-SA 3.0, and there are different versions for ages 6-11 and ages 12-16.
“This activity shows that open educational resources can help react to a new situation very quickly in a way traditional textbooks cannot,” says Tamara Kováčová, coordinator of EDUin’s open education program. “Because of fast distribution, materials get to schools around the country in a matter of days. Teachers get support in time when they need it and teaching is up-to-date. Furthermore, it’s possible to join several school subjects together on phenomenon based learning principle.”Comments Off on European migrant crisis: Czech teachers create and share resources
Creative Commons believes that public and foundation funded resources should be openly licensed by default. We have written extensively about the importance of open licensing policies in government, foundations, and have built the Open Policy Network and the Institute for Open Leadership with our open policy partners around the world. In the past few years, the United States federal government has accelerated its interest in and implementation of open licensing policy requirements on the products of publicly funded grants and contracts.
To support the education of government staff creating, adopting and implementing open licensing policies – we’ve created an Open Licensing Policy Toolkit. While this draft is tailored for U.S. government federal staff, it can easily be revised to meet the needs of any country. We share it here under a CC BY 4.0 license hoping others will take, improve, and modify it to meet regional, national and/or local needs. We look forward to seeing what you create… and we are happy to collaborate with you should you identify an opportunity to work with your government on broad open licensing requirements on publicly funded resources.Comments Off on Open Licensing Policy Toolkit (DRAFT)
There are plenty of examples to depict our broken copyright system, but the “dancing baby” case is one of the most notorious. That’s the one where Universal Music used the DMCA to take down a 29-second YouTube video of an adorable baby dancing to “Let’s Go Crazy” by Prince. Putting aside the legal questions, it is unclear what motivated Universal Music to go after this home movie where the Prince song was almost indecipherable. It’s impossible to imagine people were using the short video as a substitute for buying Prince albums, and of course, it’s impossible to imagine this sort of enforcement would help the troubled record industry earn goodwill from the public. But sadly, this is (or at least was) the state of copyright.
Most DMCA takedowns result in quiet removals of content, but this one resulted in 8 years of litigation that continues to this day. The mother of the dancing baby, Stephanie Lenz, teamed up with EFF and fought back. They sued Universal Music for violating Section 512(f) of the DMCA by misrepresenting their claim in the takedown notification. The fight continues, but the good news is this week the Ninth Circuit issued an opinion that affirmed some of the key principles at stake in the case.
Specifically, the panel of circuit judges held that copyright holders have to consider fair use before sending a DMCA takedown notification. The court also definitively explained something most of us already knew – fair use is authorized by law. It’s not simply an excuse for infringement or even an affirmative defense. It is outside the scope of copyright.
The decision wasn’t perfect. It went on to state that if copyright holders like Universal fail to consider fair use before sending a takedown, it just creates a question of fact for the jury to decide whether the rights holder had a good faith belief that the claim was valid. The court also made a somewhat confusing reference to copyright holders who use automated systems to determine what content to have taken down, stating that doing so was a reasonable solution but not explaining how that would possibly account for fair use.
Nonetheless, the key takeaway from the case was a win for fair use. It confirmed that exceptions and limitations to copyright are affirmative rights, and it created a mechanism to help deter sham DMCA takedowns. Given how easy it is to have content removed using the DMCA, it is increasingly the tool of choice for anyone looking to have content removed online, whether or not they have a valid copyright claim. This case should help deter at least the most blatant bad actors from misusing the statute in this way.
Perhaps the case also symbolizes a larger shift in how rights holders view reuse of their content. Not every use of copyrighted content is infringing, and not every use is a threat.Comments Off on Congrats to EFF and the dancing baby
I’m pleased to announce two important updates from the U.S. Department of Education!
#1: Williamsfield Community Unified School District embraces OER
Today, U.S. Secretary of Education Arne Duncan visited Williamsfield Community Unified School District in Illinois to highlight the progress the rural school district has made in shifting to digital and open educational resources (OER) to connect their students to the world. “The walls break down,” Zack Binder, the Pre K-12 Principal said. “You’re no longer in Williamsfield, Illinois. You have the same access to this information that anyone in the world does.”
Over the past two years, the 310-student district decided to adapt and adopt OER (e.g., EngageNY) rather than procuring new commercial textbooks for students, and direct those savings towards new devices for students.
“We worked to start leveraging open education resources in May of 2013. It coincided with a decision to purchase—or not purchase—a math textbook series. We decided to leverage OER and invest the money that was allocated for textbooks into technology and technological infrastructure,” said Williamsfield Superintendent Tim Farquer.
While this move saved money, and allowed the district to buy tablets and laptops for students and teachers, it was mostly about using Creative Commons (CC) licensed educational resources to make the content better – it helped change the classroom by empowering teachers and students to customize learning resources for students.
“The biggest transition for me, from what it was like before to what it is like now, is that kids can do things that they’re interested in, instead of having one prescribed way to do things that comes from a textbook,” said Lori Secrist, a district science teacher.
The newly formed K12 OER Collaborative, an initiative led by a group of 12 U.S. states, has similar goals and is in the process of creating comprehensive, high-quality, OER-supported K–12 mathematics and English language arts that are aligned with state learning standards.
If you’d like to replicate this in your school district, see the CC-USA FAQ on OER in Williamsfield.
#2: U.S. Dept of Ed hires its first full-time OER leader
Secretary Duncan announced today the hiring of the Department’s first full-time OER position to lead a national effort to expand schools’ access to high-quality, openly-licensed learning resources and help districts and states follow the path of Williamsfield. Andrew Marcinek will serve in the Department’s Office of Educational Technology (OET) as the first “Adviser for Open Education.”
“Creating a dedicated open education adviser position at the Department will greatly enhance our ability to support states and districts as they move to using openly licensed learning resources,” said Richard Culatta, Director of the OET. “The use of openly-licensed resources not only allows states and districts to adapt and modify materials to meet student needs, but also frees up funding to support the transition to digital learning.”
The availability of low-cost, high-quality learning resources in U.S. K12 public schools is a priority for President Obama’s ConnectED Initiative.
These exciting moves are part of the growing momentum within the Obama Administration to support OER and open access to publicly funded resources. Last month Creative Commons and 100 other organizations signed a letter calling on the White House to ensure that educational materials created with federal funds are openly licensed and released to the public as OER. Creative Commons looks forward to working closely with the Department’s new Open Education Adviser and will continue working with our partners to advance OER and open licensing policy in the U.S. Government, and around the world with the members of the Open Policy Network and the CC Affiliate Network.
Related press / blog posts:
- This 500-Person Town is Leading on Education
- U.S. Department of Education Announces First-Ever Adviser to Expand Access to Open Digital Resources in Schools
- #ReadyForSuccess: Department of ED Highlights District’s Strategic Use of OER
- Transitioning to Digital in Williamsfield
- U.S. Secretary of Education Arne Duncan to visit Williamsfield (Ill.) School District as Part of “Ready for Success” Back-to-School Bus Tour
- How Williamsfield schools decided to #GoOpen
- Education Department Hires First Ever Open Education Advisor
- #GoOpen USDOE Creates New Advisor for Open Education
- USDOE Hires Open Educator
- OER Implementation Sparks National Interest
We’re happy to present the draft program schedule for the 2015 Creative Commons Global Summit in Seoul. In addition to the keynotes, the program contains a diverse selection of sessions ranging from open business models, 3D printing and design, open education, CC technology, copyright reform advocacy, open access, and community cooperation. The summit includes Creative Commons partners from around the world, and will incorporate sister organizations such as EFF and companies like Shapeways and 500px. The program highlights several Korean organizations and projects in the creative industries and open data sector. Art Centre Nabi, a major art gallery in Korea, is preparing a special exhibition related to CC to celebrate the Global Summit.
We received over 130 session proposals, and our programming committee (comprised of the CC Korea team and other CC affiliates, staff, and board) worked to incorporate as many program ideas as possible considering the time and space constraints. The summit will be held at the National Museum of Korea and adjacent National Hangeul Museum on the 15th and 16th October and at the Content Korea Lab on the 17th. We are grateful to our lead sponsor Private Internet Access and all our sponsors for their meaningful support of this year’s summit.
The program is still subject to change. Also, it’s not too late to register for the summit. Join us for what looks to be a fantastic event.1 Comment »