Creative Commons has responded to the European Commission’s consultation on recommended standard licenses, datasets and charging for the re-use of public sector information (PSI). See our response here. The Commission asked for comments on these issues in light of the adoption of the new Directive on re-use of public sector information. The Directive 1) brings libraries, museums, and archives under the scope of the Directive, 2) provides a positive re-use right to public documents, 3) limits acceptable charging to only marginal costs of reproduction, provision, and dissemination, and 4) reiterates the position that documents can be made available for re-use under open standards and using machine readable formats. CC recognizes the high value of PSI not only for innovation and transparency, but also for scientific, educational and cultural benefit for the entire society.
The Commission has not yet clarified what should be considered a “standard license” for re-use (Article 8). The dangers of license proliferation–which potentially leads to incompatible PSI–is still present. But it’s positive that the Commission is using this consultation to ask specific questions regarding legal aspects of re-use.
Part 3 of the questionnaire deals with licensing issues. One question asks what should be the default option for communicating re-use rights. We believe that there should be no conditions attached to the re-use of public sector information. The best case scenario would be for public sector information to be in the public domain, exempt from copyright protection altogether by amending national copyright laws. If it’s not possible to pass laws granting positive re-use rights to PSI without copyright attached, public sector bodies should use the CC0 Public Domain Dedication (CC0) to place public data into the worldwide public domain to ensure unrestricted re-use.
Another question first states that the Commission prefers the least restrictive re-use regime possible, and asks respondents to choose which condition(s) would be aligned with this goal. Again, we think that every condition would be deemed restrictive, since ideally PSI would be removed from the purview of copyright protection through law or complete dedication of the PSI to the public domain using CC0. If the Commission were to permit public sector bodies to incorporate limited conditions through licensing, then they should be expected to use standard public licenses aligned with the Open Definition (with a preference for “attribution only” licenses). A simple obligation to acknowledge the source of the data could be accomplished by adopting a liberal open license, like CC BY. Such a license would also cover other issues, such as acknowledging that an adaptation has been made or incorporating a waiver of liability. Some of the conditions listed would be detrimental to interoperability of PSI. An obligation not to distort the original meaning or message of public sector data should be deemed unacceptable. Such an obligation destroys compatibility with standard public licenses that uniformly do not contain such a condition. The UK’s Open Government License has already removed this problematic provision when it upgraded from OGL 1.0 to OGL 2.0.
In addition to mentioning CC licensing as a common solution, the questionnaire notes, “several Member States have developed national licenses for re-use of public sector data. In parallel, public sector bodies at all levels sometimes resort to homegrown licensing conditions.” In order to achieve the goals of the Directive and “to promote interoperable conditions for crossborder re-use,” the Commission should consider options that minimize incompatibilities between pools of PSI, which in turn maximize re-use. As far as we are concerned that means that governments should be actively discouraged from developing their own licenses. Instead, they should be encouraged to adopt standard public licenses aligned with the Open Definition. But even better would be to consider removing copyright protection for PSI by amending copyright law or waiving copyright and related rights using CC0.1 Comment »
The European Commission has opened a public consultation period on the topic of “Opening Up Education.” The objective of the consultation is to explore the perceived need for EU action to promote the use of Open Educational Resources (OER) and of Information Communication Technologies (ICT) in education. Interested stakeholders (including organizations, public bodies, citizens) can complete the questionnaire on this consultation.
From the summary document (PDF):
While OER and the use of ICT in education are high on the agenda of policy makers in the educational sphere, OER and ICT have not yet reached a critical threshold to be fully exploited across all education and training sectors. Several actions have been undertaken over the years by the EU and Member States, but in a fragmented, short-term manner, without prospects for long-term sustainability. A comprehensive initiative at EU level could match the scope, size and complexity of the challenges, and respond to the increasing demand to tap into the potential of OER and ICT to modernize education. Such a strategy could provide a significant push to improve the way educational content is produced, accessed and used to teach, learn or connect with peers.
The consultation period ends 13 November 2012. Following on from the June 2012 UNESCO OER Declaration, the EU consultation can be a productive vehicle for continuing the exploration of and support for Open Education in Europe and around the world.3 Comments »
Creative Commons is conducting a study on the meaning of “NonCommercial” and you can weigh in by answering a detailed questionnaire on the subject. We’ve extended the deadline for participation to December 14 (originally December 7) as we’re still getting healthy response via all those who blogged about the questionnaire this week.
Full disclosure: taking the questionnaire requires a significant investment of time — 15 to 25 minutes, and it isn’t an “easy” questionnaire — you’ll have to think. Unfortunately the meaning of “NonCommercial”, or at least people’s understanding of the term, is a nuanced issue (we’ll see what the results actually say about that, after analysis), requiring nuanced, even difficult questions to tease out the sub-issues. So a huge thanks to those who have participated, and thanks in advance to those who will. If you’re ready, go on and take the questionnaire.
For a bit of further background, see our previous post on the questionnaire.
Thank you!7 Comments »
Your input is greatly appreciated. CC CEO Joi Ito explains:
“The study has direct relevance to Creative Commons’ mission of providing free, flexible copyright licenses that are easy to understand and simple to use,” said Creative Commons CEO Joi Ito. “The NC term is a popular option for creators choosing a Creative Commons license, and that tells us the term meets a need. However, as exponentially increasing numbers of works are made available under CC licenses, we want to provide additional information for creators about the contexts in which the NC term may further or impede their intentions with respect to the works they choose to share, and we want to make sure that users clearly understand those intentions. We expect the study findings will help us do a better job of explaining the licenses and to improve them, where possible. We also hope the findings, which will be made publicly available, will contribute to better understanding of some of the complexities of digital distribution of content.”
You can also help by sending your friends and colleagues to the questionnaire.
If you don’t have time to help CC in this way, remember that we’re in the midst of our annual fundraising campaign.
Contributing in both ways would be ideal. :-)
CC licenses are an important* part of the digital infrastructure and debate. Your financial contributions and your feedback are both crucial to the ongoing development of this infrastructure.
* The ‘important’ link above points out a recent extraordinarily important and visible use of the CC BY license, which does not include the NC term. As Joi points out in the quote above, we also want to provide information about contexts in which NC is not appropriate. So please take the questionnaire if you care about public copyright licenses, even if you don’t like or don’t use ones with the NonCommercial term. Thanks!14 Comments »
As previously announced, Creative Commons is studying how people understand the term “noncommercial use”. At this stage of research, we are reaching out to the Creative Commons community and to anyone else interested in public copyright licenses – would you please take a few minutes to participate in our study by responding to this questionnaire? Your response will be anonymous – we won’t collect any personal information that could reveal your identity.
Because we want to reach as many people as possible, this is an open access poll, meaning the survey is open to anyone who chooses to respond. We hope you will help us publicize the poll by reposting this announcement and forwarding this link to others you think might be interested. The questionnaire will remain online through December
714 or until we are overwhelmed with responses — so please let us hear from you soon!
Questions about the study or this poll may be sent to email@example.com Comments »