Two weeks ago we wrote about the U.S. Executive Order and announcement of Project Open Data, an open source project (managed on Github) that lays out the implementation details behind behind the President’s Executive Order and memo. The project offers more information on open licenses, and gives examples of acceptable licenses for U.S. federal data. Some of this information is clear, while other pieces require more clarification. Below we’ve provided some commentary and notes on the licensing parts of Project Open Data.
The Open Licenses page on Project Open Data says that a license will be considered “open” if the following conditions are met:
Reuse. The license must allow for reproductions, modifications and derivative works and permit their distribution under the terms of the original work.
Users can copy and make adaptations of the data. The government may use a copyleft license, thus requiring that adapted works be shared under the same license as the original. In our view, the reference to the government using a license is confusing. Works created by federal government employees in the in the public domain, and a license is not appropriate–at least as a matter of U.S. copyright law. More on this below.
The rights attached to the work must not depend on the work being part of a particular package. If the work is extracted from that package and used or distributed within the terms of the work’s license, all parties to whom the work is redistributed should have the same rights as those that are granted in conjunction with the original package.
Everyone is offered the work under the same public license.
Redistribution. The license shall not restrict any party from selling or giving away the work either on its own or as part of a package made from works from many different sources.
Third parties can sell the data verbatim or produce adaptations of the data and sell those.
The license shall not require a royalty or other fee for such sale or distribution.
Users don’t have to pay to use the licensed data.
The license may require as a condition for the work being distributed in modified form that the resulting work carry a different name or version number from the original work.
When the data gets remixed the licensor can require that the remixer note that their remixed version is different from the original.
The rights attached to the work must apply to all to whom it is redistributed without the need for execution of an additional license by those parties.
Public licenses must be used, which means that everyone gets offered the data under the same terms, without the need to negotiation individual licenses.
The license must not place restrictions on other works that are distributed along with the licensed work. For example, the license must not insist that all other works distributed on the same medium are open.
The license doesn’t infect other data or content that is distributed alongside the openly licensed data. It’s important that the open data is marked as such; the same goes for marking of the the non-open data.
If adaptations of the work are made publicly available, these must be under the same license terms as the original work.
This is a confusing statement, because it seems to require that all data be licensed under a copyleft license. This does not align with the licensing options listed in the Open License Examples page.
No Discrimination against Persons, Groups, or Fields of Endeavor. The license must not discriminate against any person or group of persons. The license must not restrict anyone from making use of the work in a specific field of endeavor. For example, it may not restrict the work from being used in a business, or from being used for research.
Anyone may use the licensed data for any reason.
Open License Examples
The Open License Examples page offers a helpful guide as to which open licenses will be accepted for government data released by federal agencies. As we noted in our earlier post, there is some confusion in that the Open Data Policy Memo says, “open data are made available under an open license that places no restrictions on their use.” Saying that data should be placed under a license with no restrictions doesn’t make sense, since even a very “open” license (such as CC BY) requires attribution to the author a condition on using the license. If the United States truly wishes to make federal government data available without restriction, it could consider mandating only those tools that accomplish this, for example the CC0 Public Domain Dedication or the Open Data Commons Public Domain Dedication and License.
Data and content created by government employees within the scope of their employment are not subject to domestic copyright protection under 17 U.S.C. § 105.
The fact that data and content created by federal government employees is not subject to copyright protection in the United States is a longstanding positive feature of the US code. But as noted here, this copyright-free zone only applies when talking about domestic protection, e.g. inside the United States. Outside its borders, the United States government could assert that, for example, one of its works is protected under French copyright law, and then enforce its copyright in France. It’s unclear how much this legal nuance is leveraged outside of the United States. But it does seem to create a challenge for the U.S. federal agencies in utilizing public domain dedication tools like CC0. This is because CC0 puts content into the worldwide public domain, whereas under Section 105 works created by federal government employees are only in the public domain in the United States. So, while it’s useful that works created by U.S. federal government employees is in the public domain in the United States, it’s a shame that this seems to preclude federal agencies from utilizing public domain tools like CC0, which would help communicate broad reuse rights easily and in machine-readable form. This begs the larger question, if information created by federal government employees is in the public domain in the United States, then is it inappropriate to license this data and content under one of the licenses noted below? And, if that is true, then what content will be licensed under the conformant licenses? Third party content?
When purchasing data or content from third-party vendors, however care must be taken to ensure the information is not hindered by a restrictive, non-open license. In general, such licenses should comply with the open knowledge definition of an open license. Several examples of common open licenses are listed below:
- Creative Commons BY, BY-SA, or CC0
- GNU Free Documentation License
- Open Data Commons Public Domain Dedication and Licence (PDDL)
- Open Data Commons Attribution License
- Open Data Commons Open Database License (ODbL)
- Creative Commons CC0
Notwithstanding the questions above about licensing options for the work produced by federal government employees, the Administration is taking a great step in recommending that licenses should align with the Open Definition. In addition, the Administration might include information about appropriate software licenses, should those come into play when they release data.2 Comments »
Seal Of The Executive Office Of The President / Public Domain
Yesterday President Barack Obama issued an Executive Order requiring federal government information to be open and machine-readable by default. This Order is the latest in a series of actions going back to 2009 in support of increasing access to and transparency of government information.
In addition to the Executive Order, the White House released a Memorandum (PDF) explaining how federal government agencies will comply with the new open data policy.
This Memorandum requires agencies to collect or create information in a way that supports downstream information processing and dissemination activities. This includes using machine readable and open formats, data standards, and common core and extensible metadata for all new information creation and collection efforts. It also includes agencies ensuring information stewardship through the use of open licenses and review of information for privacy, confidentiality, security, or other restrictions to release.
It provides a forward-thinking set of guidelines for open data to be released by U.S. federal agencies:
Open data: For the purposes of this Memorandum, the term “open data” refers to publicly available data structured in a way that enables the data to be fully discoverable and usable by end users. In general, open data will be consistent with the following principles:
- Public. Consistent with OMB’s Open Government Directive, agencies must adopt a presumption in favor of openness to the extent permitted by law and subject to privacy, confidentiality, security, or other valid restrictions.
- Accessible. Open data are made available in convenient, modifiable, and open formats that can be retrieved, downloaded, indexed, and searched. Formats should be machine-readable (i.e., data are reasonably structured to allow automated processing). Open data structures do not discriminate against any person or group of persons and should be made available to the widest range of users for the widest range of purposes, often by providing the data in multiple formats for consumption. To the extent permitted by law, these formats should be non-proprietary, publicly available, and no restrictions should be placed upon their use.
- Described. Open data are described fully so that consumers of the data have sufficient information to understand their strengths, weaknesses, analytical limitations, security requirements, as well as how to process them. This involves the use of robust, granular metadata (i.e., fields or elements that describe data), thorough documentation of data elements, data dictionaries, and, if applicable, additional descriptions of the purpose of the collection, the population of interest, the characteristics of the sample, and the method of data collection.
- Reusable. Open data are made available under an open license that places no restrictions on their use.
- Complete. Open data are published in primary forms (i.e., as collected at the source), with the finest possible level of granularity that is practicable and permitted by law and other requirements. Derived or aggregate open data should also be published but must reference the primary data.
- Timely. Open data are made available as quickly as necessary to preserve the value of the data. Frequency of release should account for key audiences and downstream needs.
- Managed Post-Release. A point of contact must be designated to assist with data use and to respond to complaints about adherence to these open data requirements.
The Memorandum provides some more information about how U.S. government information will be made reusable:
Ensure information stewardship through the use of open licenses – Agencies must apply open licenses, in consultation with the best practices found in Project Open Data, to information as it is collected or created so that if data are made public there are no restrictions on copying, publishing, distributing, transmitting, adapting, or otherwise using the information for non-commercial or for commercial purposes.
Depending on the exact implementation details, this could be a fantastic move that would remove any legal confusion about using federal government data. By leveraging open licenses, the U.S. federal government would be doing a great service to reusers by communicating those rights available in advance. And, if the U.S. truly wishes to make federal government information available without restriction, it could consider using a tool such as the CC0 Public Domain Dedication. CC0 is used by many data providers to place open data directly in the public domain. We’ve already suggested this (PDF) as an option for sharing federally funded research data.
The White House should be commended for taking another positive step forward to ensure that U.S. government data is made legally and technically accessible and useable.3 Comments »
Have you ever looked at an article on Wikipedia and thought, “this could really use some work”? With the free online course “Writing Wikipedia Articles: The Basics and Beyond,” offered through the School of Open, you have the opportunity to take the next step.
In the course, you will learn about both the technical and social underpinnings of this worldwide, volunteer-built resource, and how you can most effectively contribute to its vision to freely share knowledge. The six-week course will start its second round on 14 May (for those in the Americas) or 15 May (Asia/Australia).* Sign up here.
Sara and Pete, Communicate OER / Pete Forsyth / CC BY
While the course is free and open to everyone, it focuses on the topic of open educational resources (OER), and students work to improve relevant Wikipedia articles as part of their coursework. The first round of the course concluded last week. The course organizers, Pete Forsyth and Sara Frank Bristow of Communicate OER, had so much fun that they are diving right back in to facilitate a second round. Pete says,
“We learned a great deal in our first run: we were surprised by how few of our students knew about OER, but also how fully they embraced the topic. We hope you will agree, their efforts to improve the OER article have been successful: while there will always be room for improvement, today’s version of the article is much improved from the version prior to the start of our class.”
Several members of the CC community were proud to support this effort. In the first round, CC CEO Cathy Casserly participated in a panel discussion and CC Senior Project Manager Paul Stacey provided a review of the OER article around which the course participants shaped their improvements.
Creative Commons encourages you to take advantage of this opportunity to contribute to the world’s understanding of open educational resources and the open licenses that make them possible. Sign up for the upcoming course today. You can also participate in a future course or engage in other ways by reaching out to the course organizers at the same link.
If you would like to be notified when other “open” courses launch their second rounds, make sure you’re subscribed to the School of Open announcements list.
*If you’re in Europe or Africa, the synchronous course sessions will be in the middle of the night. You are welcome to enroll and watch the archived sessions each week; join the third round of the course, expected to launch in July; or watch for the self-paced version of the course, to be announced in early June.2 Comments »
Creative Commons is looking for a LRMI Project Manager. This person will play a key role in leading the LRMI project.
We are looking for a Project Manager to lead the Learning Resource Metadata Initiative (LRMI), a project co-led by Creative Commons and the Association of Educational Publishers to build a common metadata vocabulary for educational resources.
The LRMI Project Manager will provide general oversight of the internal project staff and subcontractors, and ensure LRMI work plans are clearly articulated and timelines adhered to.
- project manages all CC LRMI grants and deliverables;
- serves as the primary contact for all LRMI subcontractors and external stakeholders;
- leads the LRMI technical working group listserv and meetings;
- liaises with open communities, OER repositories / referatories, institutions, standards bodies, and vendors that are integrating LRMI and/or increasing the value of CC’s legal and technology tools;
- is the key player in CC’s outreach to open education organizations and broadening awareness about LRMI and CC among states and school districts;
- represents LRMI and CC at private meetings and selected conferences and events;
- reports progress on the project to CC, the open community and the Bill and Melinda Gates Foundation; and
- serves as an education expert on technology aspects of CC internally and externally.
If this sounds exciting to you, we’d love to hear from you. Check out the full job listing for more information.2 Comments »
The Learning Resource Metadata Initiative (LRMI) specification (14 properties) has been accepted and published as a part of Schema.org, the collaboration between major search engines Google, Bing, Yahoo, and Yandex (press release). This marks the culmination of a year’s worth of open collaboration with the LRMI Technical Working Group and the wider education publishing community. To view the LRMI properties within the context of the full Schema.org hierarchy, visit schema.org/CreativeWork. See this post by Phil Barker for additional detail.
The LRMI, a simple tagging schema that draws from and maps easily to existing metadata frameworks (e.g., IEEE, LOM and Dublin Core), is intended to be an easy way for open and proprietary content publishers to standardize the way they describe the education specific characteristics of their resources.
This is wonderful news as the LRMI specification will be a piece of the future of education, especially as it pertains to Open Educational Resources (OER). Some of the features of LRMI will allow next generation learning systems based on personalized guided learning. To get a better idea of what kinds of things are possible with LRMI, watch this OSCON keynote by Danny Hillis describing the concept of a Learning Map.
Creative Commons is currently working with 10 different OER platforms and repositories to implement LRMI support and we hope to announce the first few complete implementations in the coming months.
To join the ongoing discussions around LRMI support and implementation, please join the public mailing list.
And… Creative Commons is hiring a new LRMI Project Manager. Please send us the best and brightest to lead this important project!Comments Off
Today the Public Library of Science announced the Accelerating Science Award Program (ASAP). The award program seeks nominations of individuals who have used, applied, or remixed scientific research — published through open access — in order to realize innovations in science, medicine, and technology. The goal of ASAP is to build awareness of and encourage the use of scientific research published through open access. Major sponsors include the Wellcome Trust and Google.
Three winners will each receive $30,000. The nomination period opens today and runs through June 15, 2013. Potential nominees may include individuals, teams, or groups of collaborators -– such as scientists, researchers, educators, social services, technology leaders, entrepreneurs, policy makers, patient advocates, public health workers, and students -– who have used scientific research in transformative ways. The winners will be announced in Washington, DC, in October 2013 at an Open Access Week event hosted by SPARC and the World Bank.
Creative Commons is a supporter of ASAP, along with several other library organizations, publishers, and research organizations.
For more information, including the full details of the ASAP program, nomination process, and the award specifics, go to http://asap.plos.org/. For program rules visit http://asap.plos.org/nominate/rules/.Comments Off
A year and a half ago, the Washington State Board for Community and Technical Colleges (SBCTC) released the first 42 of Washington state’s 81 high-enrollment courses under the Creative Commons Attribution license (CC BY). Now they have released the remaining 39 under the same terms, which means that anyone, anywhere, including the state’s 34 public community and technical colleges and four-year colleges and universities, can use, customize, and distribute the course materials.
The Open Course Library project is funded by the Washington State Legislature and the Bill and Melinda Gates Foundation. It adheres to SBCTC’s open policy, which requires that all materials created through system grants be openly licensed for the public to freely use, adapt, and distribute under CC BY.
For further background on the project, read our 2010 feature about the project when it was just beginning. All 81 courses are available at the recently redesigned Open Course Library website where each individual course is marked with the CC BY license to enable discovery through Google and other search services on the web.
The SBCTC held a press call today bringing to light a new Cost Analysis report on savings for students where Open Course Library courses have been used in lieu of traditional course materials. For more info, please see:
- Affordable Textbooks For Washington Students: An Updated Cost Analysis of the Open Course Library – Among other findings, “The Open Course Library has saved students $5.5 million in textbook costs to date, including $2.9 million during the 2012-2013 academic year alone.”
- Official SBCTC press release announcing Phase 2 courses (pdf)
- Audio of the Open Course Library media conference call with Q&A (mp3)
As we mentioned last week, California has introduced AB 609, the California Taxpayer Access to Publicly Funded Research Act. The bill, sponsored by Assembly Member Brian Nestande, would require that research articles funded through California tax dollars be made available online for free no later than 12 months after publication in a peer-reviewed journal. A letter from the University of California may have prompted the Assembly to modify the text of the draft bill to extend the embargo to 12 months (instead of six), and to include a provision exempting the University of California and California State University from the state agencies that must comply with the legislation, if enacted.
A group of organizations (including Creative Commons) sent a letter to Assembly Member Nestande thanking him for introducing the bill. The letter urged the Assembly to considering strengthening the proposed law by including reuse rights language, such as through the adoption of open licenses:
We encourage you to consider strengthening this legislation by including a provision to ensure that manuscripts reporting on state-funded research be made fully usable by the public. To fully unlock the value of the information contained in these digital articles, they should be made available in formats and under licensing terms that permit users to read, downloaded, search, compute on, data mine or analyze for any lawful purpose.
It also asked for the original 6 month embargo to be reinstated:
Additionally, while we would strongly prefer that these articles be made available to the public immediately upon publication, we would support the inclusion of an embargo period as originally proposed of no longer than six months.
A hearing in the Committee on Accountability and Administrative Review is scheduled for May 1 in Sacramento.Comments Off
On April 19, 2013 US Acting Secretary of Labor Seth D. Harris announced the third annual round of the Trade Adjustment Assistance Community College and Career Training Program (TAACCCT) grant program. The press release states that the current round of grants available is $474.5 million bringing the total 2011-13 program investment to nearly $1.5 billion. A fourth round is planned for 2014. Information on all the rounds is available here.
Funding is targeted at expanding innovative partnerships between community colleges and employers. All education and career training program strategies developed through grant funds have employer engagement and use labor market information to focus training on local economic needs. This years Solicitation for Grant Applications (SGA) says the TAACCCT programs aim is to help “adults acquire the skills, degrees, and credentials needed for high-wage, high-skill employment while ensuring needs of employers for skilled workers are met”.
In addition to partnerships TAACCCT stimulates innovation by requiring applicants to build five core elements into their initiatives:
1. Evidence-Based Design
2. Stacked and Latticed Credentials
3. Transferability and Articulation of Credit
4. Advanced Online and Technology Enabled Learning
5. Strategic Alignment
This years SGA even encourages the use of Massive Open Online Courses (MOOCs).
Another innovation, which DOL has maintained in all three rounds of the TAACCCT program, is the requirement for TAACCCT grantees to make all grant funded curricula and training materials Open Educational Resources (OER) by licensing them with a Creative Commons Attribution 3.0 license (CC BY).
This year’s SGA states:
- “The purpose of the CC BY licensing requirement is to ensure that materials developed with funds provided by these grants result in Work that can be freely reused and improved by others.”
- “To ensure that the Federal investment of these funds has as broad an impact as possible and to encourage innovation in the development of new learning materials, as a condition of the receipt of a TAACCCT grant, the grantee will be required to license to the public all work (except for computer software source code, discussed below) created with the support of the grant under a Creative Commons Attribution 3.0 (CCBY) license. Work that must be licensed under the CCBY includes both new content created with the grant funds and modifications made to pre-existing, grantee-owned content using grant funds.”
- “This license allows subsequent users to copy, distribute, transmit and adapt the copyrighted Work and requires such users to attribute the Work in the manner specified by the grantee. Notice of the license shall be affixed to the Work. For general information on CCBY, please visit http://creativecommons.org/licenses/by/3.0“
TAACCCT academic resources developed by the first round of grantees for industry sectors such as health, manufacturing, energy, transportation, and information technology, will become available for reuse in 2014 followed by additional resources from subsequent rounds. What a boon to education and the economy.
Congratulations to the Department of Labor and the Department of Education for their leadership and foresight in requiring publicly funded educational resources be openly licensed in a way that allows them to be reused and continuously improved. This innovation will benefit students, educators, and industry.
Creative Commons remains committed to supporting TAACCCT grantees in deploying and leveraging the CC BY requirement. See OPEN4us.org for a current list of TAACCCT grantee services Creative Commons offers in partnership with Carnegie Mellon University Open Learning Initiative, Center for Applied Special Technology, and the Washington State Board for Community & Technical Colleges.Comments Off
Creative Commons would like to congratulate the Digital Public Library of America on its official launch today. The DPLA, which has been in planning since 2010, brings together millions of digital resources from numerous libraries, archives, and museums.
The Digital Public Library of America will launch a beta of its discovery portal and open platform at noon ET today. The portal will deliver millions of materials found in American archives, libraries, museums, and cultural heritage institutions to students, teachers, scholars, and the public. Far more than a search engine, the portal will provide innovative ways to search and scan through its united collection of distributed resources. Special features will include a dynamic map, a timeline that allow users to visually browse by year or decade, and an app library that provides access to applications and tools created by external developers using DPLA’s open data.
The decision to apply the CC0 Public Domain waiver to the metadata will greatly improve interoperability with Europeana, Europe’s equivalent of the DPLA. Now that more different initiatives start publishing digitised heritage and its metadata, interoperability becomes more and more important in order to create a linked web of cultural heritage data, instead of new data silos. By both choosing the CC0 Public Domain waiver, Europeana and the DPLA take a great a step forward in achieving their goal.
We applaud DPLA’s commitment to open data and are excited about the launch of such an important resource.Comments Off