copyright

Improving Access to the Public Domain: the Public Domain Mark

Diane Peters, October 11th, 2010

Today, Creative Commons announces the release of its Public Domain Mark, a tool that enables works free of known copyright restrictions to be labeled in a way that allows them to be easily discovered over the Internet. The Public Domain Mark, to be used for marking works already free of copyright, complements Creative Commons’ CC0 public domain dedication, which enables authors to relinquish their rights prior to the expiration of copyright.

“The Public Domain Mark is a further step on the path towards making the promise of a digital public domain a reality,” said Michael Carroll, a founding board member of Creative Commons and a law professor at American University.

Europeana—Europe’s digital library, museum and archive—is the first major adopter of the Public Domain Mark. Europeana estimates that by mid-2011, the Public Domain Mark will be used in connection with millions of out-of-copyright works made available through its portal.

“An important part of our mandate is to ensure that digitized works made available through Europeana are properly labeled with rights information, including when a work is free of known copyright restrictions so that teachers, students and others can freely use it in their work, changing it and remixing it as they wish,” noted Jill Cousins, Executive Director of Europeana.

The Public Domain Mark in its current form is intended for use with works that are free of known copyright around the world, primarily old works that are beyond the reach of copyright in all jurisdictions. We have already started mapping the next phases of our public domain work, which will look at ways to identify and mark works that are in the public domain in a limited number of countries.

A final note about design. We took this opportunity to revise the CC0 deed, to align it more closely with the Public Domain Mark deed. We think the design changes will help everyone recognize the difference between our licenses, which apply to works restricted by copyright, and our public domain tools.

For more information, read the full press release.

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P2PU launches 3rd round of courses, with “Copyright for Educators”

Jane Park, August 26th, 2010

The Peer 2 Peer University, more commonly known now as P2PU by a growing community of self-learners, educators, journalists, and web developers, launches its third round of courses today, opening sign-ups for “courses dealing in subject areas ranging from Collaborative Lesson Planning to Manifestations of Human Trafficking.”

P2PU is simultaneously launching its School of Webcraft, which is a collaboration with the Mozilla Foundation and “is a powerful new way to learn open, standards based web development in a collaborative environment. School of Webcraft courses include Beginning Python Webservices and HTML5.”

In addition, Creative Commons Counsel Lila Bailey is co-facilitating the Copyright for Educators course this round, which will focus on United States law. The course is “for educators who want to learn about copyright, open content material and licensing” and “is taught around practical case studies faced by teachers when using copyright material in their day to day teaching and educational instruction.” For more information, see the course page.

Sign-ups for all other courses are available at http://p2pu.org/course/list. The deadline to sign up is September 8, and courses will run until October 27th. All courses are free to take and openly licensed under CC BY-SA. For more information, see the full announcement, but stay tuned for more courses!

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CC Talks With: Curriki’s Christine Mytko: Open Education and Policy

Jane Park, August 5th, 2010


Photo by Christine Mytko / CC BY-NC

At the beginning of this year we announced a revised approach to our education plans, focusing our activities to support of the Open Educational Resources (OER) movement. In order to do so we have worked hard to increase the amount of information available on our own site – in addition to a new Education landing page and our OER portal explaining Creative Commons’ role as legal and technical infrastructure supporting OER, we have been conducting a series of interviews to help clarify some of the challenges and opportunities of OER in today’s education landscape.

One major venue for the advancement of OER is through policy change at the local, state, federal, and international levels. We recently had the chance to talk to Christine Mytko, who is advancing OER at the local levels through her work as a K-12 educator and the lead science reviewer at Curriki. As a teacher, Christine brings a unique perspective to the conversation around open education and policy, and gives us important insight into how teachers on the ground are thinking about copyright and using Creative Commons and OER.

You are a teacher and the lead science reviewer at Curriki, which is known as the “next generation wiki” for K-12 education. Can you briefly describe who you are, your current roles, and what led to them? What would you say is Curriki’s mission, and how is it helping teachers like yourself?

For most of my teaching career, I have been a middle school science teacher in public schools. When I moved to the Bay Area three years ago, I was fortunate to find a job that combines both of my passions –  science and technology. I currently serve as the K – 5 science specialist and middle school technology teacher at a small independent school in Berkeley, CA.

In 2007, I interviewed for part-time work at Curriki. Like many teachers, I was looking to supplement my income. What I found was a community of educators committed to creating, collaborating on, and sharing open-source materials. As part of the Curriki Review Team, I am responsible for reviewing submitted science materials and providing a public score and feedback for the contributor. I also help out with other projects as needed. Currently, I am working with another Bay Area Chemistry teacher to revise and submit an open source Chemistry digital textbook as part of the California Learning Resource Network’s Free Digital Textbook Initiative.

As stated on its main page, Curriki’s mission is to “provide free, high-quality curricula and education resources to teachers, students and parents around the world.”  Its name, somewhat recognizably, is a play on the words “curriculum” and “wiki.” The Curriki repository does have many curriculum options, from lesson plans to full courses, available in various subject areas, educational levels, and languages. Curriki offers other resources, too, including textbooks, multimedia, and opportunities for community and collaborative groups.

All Curriki content is shared under the Creative Commons Attribution license (CC BY), planting it firmly in the OER space. Do you know why Curriki chose CC BY for all of its materials? If not, what do you see CC BY enabling that other licenses or “all-rights-reserved” content might not?

Contributors of Curriki content do have the option to select either public domain or a variety of CC licensing, but the default License Deed is CC-BY. I honestly don’t know specifically why Curriki chose this, but I must say it as an excellent decision. CC-BY gives educators the power to remix, share and distribute materials as needed to be timely and maximally relevant to their own curriculum.

The flexibility afforded by a CC-BY license allows for materials to be adapted quickly. I hear that a typical textbook revision works on a 7-year cycle. Curriki materials can be updated and “published” in a matter of seconds and the community can correct any content errors just as quickly. Many topics, especially in science and technology, are changing so quickly that education can no longer afford to wait for proprietary materials to go through their lengthy cycles of publication.

Currently, California and Texas are the biggest purchasers of traditional “all-rights reserved” textbooks, and publishers strive to meet these states’ requirements. Educators in other states (and countries) are forced to work within these proprietary constraints. However, OER [initiatives] such as Curriki allow teachers to freely adapt materials to best fit their pedagogical and cultural needs. Furthermore, by creating or uploading such materials onto a public repository, teachers will no longer need to work in isolation, continuously “re-inventing the wheel.”  As relevant materials are freely shared among communities of educators, individual time spent on adapting proprietary materials will decrease, allowing educators to spend more of their precious time on other important areas of teaching.

Describe a class- or school-wide project where you have integrated CC licensing and/or OER. What challenges have you or your students come across while searching for or using resources on the web? How would you translate this experience for teachers looking to mark up their own resources correctly for OER search and discovery? What do teachers need to know?

In my technology classes, I now require all incorporated media to be Creative Commons, Public Domain or No Copyright. At first, after having free rein in Google Images for years, my students felt very limited in their choices. But after discussing the reasons behind copyright and copyright alternatives, many students understood the importance of respecting rights reserved.

There are so many excellent resources to help teachers and students use Creative Commons in their classrooms. The Creative Commons search page, Wikimedia Commons, Flickr CC group, and Google Advanced Search all are wonderful tools for finding alternatively copyrighted images. Websites such as Jamendo are great for finding CC music.

The language was a challenge at first for my middle school students. Although there are only six main CC licenses, my students got bogged down with terms such as “Attribution” and “No Derivatives.”  It didn’t help that Google uses slightly different terminology (“reuse” and “reuse with modification”) in their license search filter. But the kids quickly became comfortable with the terms and procedures and, within a few class periods, they easily accessed and properly used “some rights reserved” media. Of course, I have the kids assign rights to their own work, which reinforces the licenses, and gives students the opportunity to think carefully about which rights are important to them.

As far as marking up my own resources for OER search and discovery, I am still learning about the process myself. In fact, prior to my work with Curriki, I was hesitant to “release” my work as open source. I had put so much time and effort into certain materials, I didn’t see the point of just giving them away on the Internet. However, the last few years, I have come to recognize the benefits of open source materials and have begun to post some of my formally guarded resources on Curriki as CC-BY; and I now freely share my new material. Now that I am more comfortable using and creating open source materials on my own and with my students, I hope to move on to work with other teachers.

What are the most common confusions or concerns of teachers when it comes to sharing their teaching materials? Do you think the average K-12 teacher is aware of open licensing alternatives, like Creative Commons? What are the various school or institutional policies for teachers sharing their materials?

I am certain that the average teacher is NOT aware of open licensing alternatives. In fact, many teachers I know still operate on the guiding principle of CASE – Copy And Steal Everything.  I don’t believe teachers are lazy or purposely deceitful for using materials in this way; anyone who has taught in a classroom knows how much there is to do in an incredibly short amount of time. Sometimes, copying an (often copyrighted) activity and tossing it in your colleague’s box is merely survival. Even those teachers who are aware of copyright will often claim “fair use.”  The problem is that teachers often overestimate their protections and privileges under fair use. And there is little training in copyright and fair use, let alone Creative Commons and OER. Not only is an average K – 12 teacher unaware of his or her responsibilities, he or she often does not know the rights and options available to him or her in sharing his or her own work.

There are a variety of roadblocks preventing teachers from sharing their own work. First of all, since creating curriculum takes so much time, many teachers are unwilling to share lessons because they feel the product belongs to them. Other teachers may feel that their work isn’t good enough to share. And even if teachers overcome these psychological blocks, there are still the technical issues revolving around how will they share their work as open source. None of the schools I have worked with had any sort of policies on, or time set aside for, sharing materials. In talking with my colleagues, they found a similar lack of school policy. Even in the rare case in which there was some sort of policy, teachers often selectively ignored it. Currently, most teachers do not have the access, training, and support necessary to confidently participate in the OER movement.

Curriki has been doing some work to tie their resources to state education standards (http://www.curriki.org/xwiki/bin/view/Main/BrowseStandards). Can you describe a little of that process to us? What are some of the benefits and challenges to including this information? How useful is it?

This work is not part of my professional duties at Curriki, however, I can speak to the process on a personal note as a teacher and Curriki member. Right now, when you visit a resource, you will see four tabs – Content, Information, Standards, and Comments. Choosing the Standards tab allows a user to view currently aligned standards, as well as gives the option to “Align to [additional] Standards.”  The process itself is very intuitive; the user clicks through a series of menus and applies standards as he or she deems appropriate.

The biggest benefit will certainly be the convenience of browsing for resources by standard through the aforementioned jump page. The biggest challenge is to align all of the existing and future resources in the repository. Curriki is depending largely on the community to gather momentum for this process. Right now, in its infancy, only about half of the states have standards-aligned resources to browse, and even those collections are far from complete across subject areas and educational levels. Of course, members of Curriki are always welcome to browse unaligned resources by subject, educational level, or other criteria by using Curriki’s Advanced Search.

There has been a lot of OER talk at the state and federal policy levels, especially surrounding open textbooks. What do you think is the future of the textbook for the K-12 classroom? How would you like to see this reflected in policy?

I, like many educators, feel that the reign of the textbook is coming to an end. As a science teacher, I have rarely depended on a textbook for curriculum, and rely more heavily on both online materials and self-created materials. OER allow me to take better advantage of creating and sharing work within a collaborative community. While science and technology lend themselves to early adoption of the open source philosophy, I believe other subjects will soon follow.

Textbooks will not be able to maintain their current stronghold in K–12 schools. A recent New York Times article points out that “[e]ven the traditional textbook publishers agree that the days of tweaking a few pages in a book just to sell a new edition are coming to an end.”  Textbooks are expensive and quickly become outdated. Printed errors are not correctable until the next edition comes out. In contrast, OER are inexpensive or free, constantly updated, and easily correctable. I would love to see the money saved by choosing inexpensive OER over pricey textbooks used for supplementary materials and teacher training. Or even better, districts can use that money to set aside release time and pay teachers to meet, collaborate and create OER content.

Lastly, what does a successful teaching and learning environment implementing the power of OER “look like”? Do you have any lingering thoughts—worries, hopes, predictions?

A successful learning environment is relevant, engaging, challenging, and flexible. OER material is current, as well as easily, and legally, adaptable to meet the needs of various learners. An OER community can provide a teacher with materials and support in meeting the needs of his or her particular student population. Resources that are freely shared end up saving others countless hours of redundant individual work and frees teachers from stagnating in a proprietary curriculum.

Schools are beginning to recognize the cost savings of abandoning the current textbook model, and I predict that publishers will adapt as the market demands of them. I hope that schools begin to recognize that teachers are a valuable resource and skilled professionals, and deserve to be compensated for their time spent developing curriculum. I hope districts begin to create policies and provide support to encourage teachers to share the materials they create.

Ideally, the classroom should be a place where students are not merely passive consumers of resources and media, but rather active collaborators, synthesizers and publishers of their own work. I hope that, from a young age, students will be held accountable for using others’ work in an appropriate way, and encouraged to share their own work as open source with some rights reserved, rather than falling back on the default of full copyright, or worse, not sharing at all. I want my students and colleagues to understand that, by sharing materials, they are contributing to a collection of materials that will benefit learners far beyond the walls of their own classroom. This is a significant shift in current educational philosophy, but sites like Curriki are a great step in facilitating a move in the right direction.

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Response to ASCAP’s deceptive claims

Eric Steuer, June 30th, 2010

Last week, the American Society of Composers, Authors and Publishers (ASCAP) sent a fundraising letter to its members calling on them to fight “opponents” such as Creative Commons, falsely claiming that we work to undermine copyright.*

Creative Commons licenses are copyright licenses – plain and simple. Period. CC licenses are legal tools that creators can use to offer certain usage rights to the public, while reserving other rights. Without copyright, these tools don’t work. Artists and record labels that want to make their music available to the public for certain uses, like noncommercial sharing or remixing, should consider using CC licenses. Artists and labels that want to reserve all of their copyright rights should absolutely not use CC licenses.

Many musicians, including acts like Nine Inch Nails, Beastie Boys, Youssou N’Dour, Tone, Curt Smith, David Byrne, Radiohead, Yunyu, Kristin Hersh, and Snoop Dogg, have used Creative Commons licenses to share with the public. These musicians aren’t looking to stop making money from their music. In fact, many of the artists who use CC licenses are also members of collecting societies, including ASCAP. That’s how we first heard about this smear campaign – many musicians that support Creative Commons received the email and forwarded it to us. Some of them even included a donation to Creative Commons.

If you are similarly angered by ASCAP’s deceptive tactics, I’m hoping that you can help us by donating to Creative Commons – and sending a message – at this critical time. We don’t have lobbyists on the payroll, but with your support we can continue working hard on behalf of creators and consumers alike.

Sincerely,
Eric Steuer
Creative Director, Creative Commons

* For background on ASCAP’s anti-Creative Commons fundraising campaign, see Boing Boing, Techdirt, ZeroPaid, and Wired.

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Commoner Letter #4: Molly Kleinman of the University of Michigan

Allison Domicone, November 16th, 2009

Molly Kleinman is a long-time friend of CC and has been doing incredible work for all things copyright over at the University of Michigan as Special Assistant to the Dean of Libraries. From Espresso Book Machines to a CC-friendly Scholarly Publishing Office, we continue to be inspired by the University of Michigan’s innovative approach to open content, copyright, and especially open education, an area of focus CC is highly committed to developing through ccLearn. We’re honored to have Molly, a self-proclaimed dedicated advocate of Creative Commons, write the fourth letter in the Commoner Letter series of this year’s fundraising campaign.

Subscribe to receive future Commoner Letters by email.


Molly Kleinman2
Photo by Chan Wong CC BY-NC

Hello, Fellow Commoner,

Creative Commons licenses make it easier for me to do my work, and to help my faculty and students do theirs. Today I’d like to return the favor and encourage you to support the Creative Commons 2009 Annual Campaign, and help make sure they continue the wonderful work they’ve been doing.

Why is Creative Commons so helpful and important? Because it provides a balanced, sane alternative to the madly out-of-whack copyright system I deal with every day. I am an academic librarian and copyright specialist who teaches faculty, students, librarians, archivists and others about their rights as creators and their rights as users. Anyone familiar with the state of copyright law knows it’s messy and confusing stuff, and the very notion of users’ rights is contentious in some circles. Big Content has been waging a propaganda campaign to convince the public that all unauthorized, un-paid-for uses are infringing, illegal uses. It’s not true, but the widespread misinformation is bad for educators, bad for students, and bad for all of us who benefit from the fruits of scholarly research. Professors are afraid to share educational material with their students. Parents are afraid to let their kids post homemade videos online. All this fear hinders the ability of scholars, teachers, and students to do the work of research, teaching, and learning that is their job.

As my favorite CC video says, “Enter Creative Commons.” Creative Commons carves out an arena in which people can use and build on new works without fear. It frees us from both the looming threat of lawsuits and the time consuming and expensive demands of clearing permissions. Creative Commons helps people share openly, and the more content that CC helps to open up, whether it’s music or photography or scientific data or educational resources, the more it expands what faculty and students can teach and study freely.

I’d like to call particular attention to the work of one of Creative Commons’ offshoots, ccLearn. ccLearn is striving to realize the full potential of the internet to support open learning and open educational resources, and to minimize legal, technical, and social barriers to sharing and reuse of educational materials. I cannot overemphasize the importance of this work. In the United States alone, plummeting budgets and rising costs for both K-12 and higher education are making it harder for students and teachers to access the quality educational resources they need. Until recently, most educational content was locked behind digital paywalls or hidden in print books, and the free stuff you could find online was often unreliable. Now, the pool of high quality open educational resources is growing every day, with open textbooks, open courseware, and other experimental projects popping up all the time. Many of these projects have received support from ccLearn, and nearly all of them are built on the framework of Creative Commons licenses. Every one provides expanded access that is crucial to the future of a quality educational system, both in this country and throughout the world.

This is why it is so important to support Creative Commons, in any number of ways. Though I donate (and you should, too), I believe that one of my greatest contributions has been in helping to build the Creative Commons community from the ground up, one frustrated professor or librarian at a time. Every person I teach about Creative Commons is a person who may eventually contribute to the Commons herself, attaching licenses to her works and sharing them with the world. The bigger the Commons, the better for all of us.

Molly Kleinman
Special Assistant to the Dean of Libraries
University of Michigan Library

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Code of Best Practices in Fair Use for OpenCourseWare

Jane Park, October 15th, 2009

The Center for Social Media at AU has released a Code of Best Practices in Fair Use for OpenCourseWare. From the press release,

“OpenCourseWare, the Web-based publication of academic course content launched in 2002 by the Massachusetts Institute of Technology (MIT) has been lauded for making college-level courses available to anyone anywhere in the world for free. The movement has expanded to include offerings from some of the nation’s most selective universities including the University of Notre Dame and Yale University…

Now, educational organizations have a guide that simplifies the legalities of using copyrighted materials in open courseware—The Code of Best Practices in Fair Use for OpenCourseWare. The code was developed by experts in media and fair use at American University and a committee of practitioners of open courseware from Johns Hopkins Bloomberg School of Public Health, MIT, Tufts University, University of Michigan, University of Notre Dame, and Yale University…

The code aims to help OCW designers at U.S. educational organizations recognize situations to which fair use applies and situations that require they get permission from third-party rights holders.”

The complete code is available via CC BY.

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Dealing with Legally Incompatible Content in OER

Jane Park, October 12th, 2009

Last month, ccLearn published “Otherwise Open: Managing Incompatible Content in OER“. For those of you who never got around to reading the paper, it basically provides an overview of the problem posed by the incorporation of “all-rights-reserved” materials into otherwise open educational resources (OER). It also explores ways of dealing with this problem and the trade-offs involved in relying on jurisdictional copyright exceptions and limitations, such as fair use or fair dealing. As the paper is intended to spur further inquiry and research globally, “Otherwise Open” does not offer concrete solutions to the problem right now.

However, the average OER creator cannot afford to wait, especially if they value their work as part of a global learning commons. In order for OER to be global, the copyright of the OER must be viable across jurisdictions. OER that are available under a CC license are global, as CC licenses are effective worldwide. But the inclusion of third party content that is not under the same terms of the license changes the global nature of OER, potentially walling it off from use in other countries. Thus, ccLearn has developed some practical recommendations and alternatives for those OER creators who are concerned with the global reach and impact of their works.

ccLearn Recommendations – Dealing with Legally Incompatible Content in OER

“Open Educational Resources (OER) are defined by the use of a Creative Commons license and are generally created by those who would like to share their work globally. However, some creators find the need to consider the costs and benefits of incorporating third-party materials with incompatible licenses into their “otherwise open” OER. This document recommends ways of managing or avoiding the problems that will arise.”

This and all ccLearn Recommendations and productions are licensed CC BY.

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Does your sharing scale?

Mike Linksvayer, September 2nd, 2009

Techdirt’s Mike Masnick is perhaps the most prolific blogger on the ill impact of overly restrictive legal regimes, including of course copyright and patents, but also trademark and even employment law (see Noncompete Agreements Are The DRM Of Human Capital) and often on people delivering real value to customers (sad that these are considered “alternative” business models) instead of replying on protectionist legal measures — as blogged here, Masnick’s case study on NIN is an absolute must read/watch — and he hosts awesome guest authors.

So it’s a little disappointing to read Masnick write:

I don’t use any of their licenses, because I don’t necessarily see the point. We’ve declared in the past that the content here is free for anyone to do what they want with it, and thus I feel no need for a Creative Commons license.

The need arises from the reality that sharing without standardized legal tools doesn’t scale. It doesn’t scale socially — if I wasn’t a regular Techdirt reader I wouldn’t know that Masnick had declared Techdirt content is free for anyone and for any purpose (and even now I could only find one such declaration because I remembered that Masnick had written about it in a post that mentioned CC!), nor depending on wording would I know what that meant. It doesn’t scale technically — there’s no way for software such as search engines to recognize ad hoc declarations. It doesn’t scale legally — any community or institution that requires legal certainty (eg due to risk that the community’s work will be suppressed or that the institution will be financially liable) will avoid ad hoc declarations.

It’s no surprise that in the more developed field of free and open source software (which has a 10+ year head start on free culture/open content) anyone who claims that making an ad hoc declaration is good enough and did not release their code under an established license would be laughed at and their code not allowed in other projects, distributions, and repositories, not to mention getting no attention from IBM, Google, Red Hat and thousands of other corporate contributors to and adopters of open source software.

Communities and institutions outside software also require works under established licenses (ie those provided by CC) to scale, e.g., Wikipedia, OpenCourseWare, the Public Library of Science and many, many others. What about individuals and small group efforts? Of course they don’t have to use real legal tools for their content any more than an individual programmer has to share code under an established open source license — that is if they don’t actually want others to “do what they want” with their content or code — because no license means no-understand, no-find, and no-go.

One of Masnick’s best turns is his stylized formula Connect With Fans (CwF) + Reason To Buy (RtB) = The Business Model ($$$$). As he explains, each part of the formula has many facets — reasonable copyright terms are just one — and as he points out, in a sense copyright is irrelevant, as CwF+RtB would work in the complete absence of copyright. However, as Techdirt points out every day, copyright is in more than full effect, producing all kinds of anti-creative and anti-innovation effects, from labels suing fans, bloggers, startups and anyone else available to heirs suppressing the use of work by long-dead authors. In this environment it seems rather necessary to offer fans the legal certainty of an established public license that grants at least the right to non-commercially share. Anything less seems to betray a lack of respect for fans or, if done unknowingly, is an instance of failed sharing.

Of course one might want to go beyond offering a relatively restrictive license and not rely on copyright at all, giving fans complete freedom with respect to one’s works. As Masnick has noted, CC has developed a legally rigorous tool to do just that, worldwide — CC0 — we hope that he is still considering it.☺

The Techdirt post quoted above is primarily a solid response to another blogger’s post on whether CC is good or bad for copyright policy — a very worthy question. Masnick’s conclusion is good:

Many of the people behind it went through (and are still going through) numerous battles to push back on the excesses of copyright. Creative Commons wasn’t the solution — it was a helpful (and hopefully temporary) oasis in a bleak desert, following numerous well-reasoned, but ultimately futile attempts to push back corporate expansion of copyright. And while I agree that there are problems with shifting the issue to a contractual agreement (and the post highlights some of the many legal problems CC licenses may cause), I think that CC, as a whole, did turn a lot more people onto the some of the problems with copyright law as it stands today. In many ways, CC is an easy way for people to first start to understand the problems of copyright law, in understanding why CC is needed.

From there, many who do understand this have started questioning the larger issues around copyright — and many of those involved with CC have continued to fight that good fight, rather than just assuming that CC is “the answer.” So, in the end, I agree that we should be clear to recognize that Creative Commons and efforts to really rethink copyright are two separate things, but that doesn’t mean that Creative Commons is necessarily bad for copyright policy issues. It has been, and hopefully will continue to be, a real stepping stone to getting more people to recognize these bigger issues. In fact, I’d argue that many of the folks now leading the debate for more reasoned copyright policy in Canada first came to understand these issues via their exposure to Creative Commons’ licenses.

While CC and other voluntary efforts (such as free software and open access) aren’t the solution (if there is such a thing), their contribution goes well beyond serving as stepping stones for thinking about how messed up the copyright environment is. They are simultaneously tools for enabling billions of dollars of collaboration across organization boundaries and unlocking untold social value now and in proving out models that don’t rely on excessive enforcement, changing the facts on the ground in a systemic way that arguably should increase the probability of good outcomes relative to those likely to result from a single-track strategy of merely complaining about the current regime as it worsens.

Copycense, the blogger that Techdirt responds to above, has unrealistic assessments of CC’s ability to “muzzle” the conversation about copyright reform and of the ability of such a conversation to obtain the “best case scenario, with a balanced and effective law that serves citizens and corporate owners equally well”. Copycense is enamored with the current Canadian copyright consultation — it’s worth noting that CC Canada has been around since 2004, that Michael Geist, the most prominent voice for positive reform, is a long time CC user and advocate — one can hardly say CC has muzzled the conversation — and furthermore it isn’t clear the consultation will lead to any good progress. Hopefully good reform will result, and many involved in CC in Canada and elsewhere are also involved in reform efforts (if you read French see the consultation of Olivier Charbonneau, one of the project leads of CC Canada) — but to denigrate voluntary efforts, at least while some rather intractable problems with the ability of concentrated interests to hijack politics remain, is a gigantic missed opportunity at best, and possibly flirting with very bad outcomes.

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An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities

Jane Park, August 28th, 2009

CC is pleased to announce that the Berkman Center for Internet & Society, in collaboration with the Hewlett Foundation, the Ford Foundation, and the Open Society Institute, has recently published a new study entitled, An Evaluation of Private Foundation Copyright Licensing Policies, Practices and Opportunities, by Philllip Malone. From the announcement,

“This project… undertook to examine the copyright licensing policies and practices of a group of private foundations. In particular, it looked at the extent to which charitable foundations are aware of and have begun to use open licenses such as Creative Commons or the GPL for the works they create and that they support with their funding. We surveyed foundation staff and leaders and examined a number of examples where foundations have begun to take advantage of new licensing models. Based on the survey results, foundation experiences and additional research, we identified a variety of significant benefits that the use of open licenses can bring to foundations and their charitable goals. In particular, open licenses permit knowledge and learning to be widely shared and more readily adapted, improved or built upon, and allow those later improvements to be readily distributed. The result can be dramatically faster and greater access to research, information, technologies and other resources in ways that directly benefit foundations’ core missions and the public good.

The study sought to develop an analytical framework and set of factors that foundations can use to begin considering when and where the use of open licenses would further their mission and day-to-day work and where such licenses might not be useful or appropriate. It provides a great starting point for informed consideration of open licenses and the new opportunities they create for foundations and related organizations.”

This report creates an amazing opportunity for foundations to propel themselves into the future via open licensing and open technologies. Please read and share far and wide, as the entire study is open via CC BY.

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OER Copyright Survey

Jane Park, August 17th, 2009

If you haven’t already, break up your Monday with the OER Copyright Survey. It only takes ten minutes, and it’s for a good cause—mainly to “gather information regarding the ways in which copyright law plays a role in, and perhaps acts as a barrier to, the practices of those who create or facilitate the production of Open Educational Resources (OER).”

From the survey page,

“Because most content remains “all-rights-reserved” under the traditional rules of copyright, it is often the case that the creators and producers of OER must confront questions as to when and if it is permissible to use content created by others when it is not offered under an open license. For example, an OER creator may want to incorporate a clip from a film into a lesson about film techniques, or an animated video illustrating a biological process into a lesson about that process. However, if the film clip or animation is protected by “all-rights-reserved” copyright, then the OER creator may be unsure how to proceed, or may wish to rely on some exception to copyright law that may apply under such circumstances.

It is our goal to develop a deeper awareness of the degree to which OER practitioners and users grapple with copyright law issues, and whether those issues pose barriers to the creation, dissemination, and reuse of OER. We hope that this initial survey will form the basis of a larger international study led by ccLearn.”

The survey closes on August 31, so fill it out soon!

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