Update: The amendment to Section 303 was adopted.
Can it be salvaged to promote public access to federally funded research?
In March we wrote about the introduction of the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The aim of the FIRST Act is to promote the dissemination of publicly funded scientific research. But the contentious Section 303 of the bill rolls back some of the most common policies governing existing research investments.
If passed in its current state, the FIRST Act would extend embargoes to federally funded research articles to up to three years after initial publication. This means that commercial publishers would be able to control access to publicly funded research during this time, and the public would not have free public access to this research. Even the longstanding NIH Public Access Policy tolerates embargoes no longer than 12 months. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
The FIRST Act would allow grantees to fulfill access requirements by providing a link to a publisher’s site instead of requiring deposit in a federally-approved repository. Currently NIH research grantees must deposit in the PubMed Central repository. The reliance on publishers to make (and keep) the research available jeopardizes the long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved.
The FIRST Act would permit affected agencies to spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Public Access Directive and Omnibus Appropriations Act.
The bill was previously was discussed in the subcommittee of the House Committee on Science, Space, and Technology. The passage of the FIRST Act with the Section 303 language as-is would harm existing as well as proposed public access policies in the United States. Today during the full committee markup of the bill Representatives James Sensenbrenner (R-WI) and Zoe Lofgren (D-CA) will introduce an amendment that would improve Section 303.
The Sensenbrenner/Lofgren amendment would change the embargo to 12 months, with the possibility that under certain circumstances the embargo could be extended for an additional 6 months. The amendment still does not require that federally-funded research articles be deposited in an approved repository. But it would shorten the length of time agencies get to develop and implement their public access plans. Affected agencies would need to develop a public access plan and report to Congress within 90 days. And the plans would need to be implemented within a year. One interesting piece of the amended Section 303 is that after an initial three-month planning period, the agencies would be required to submit an analysis on whether covered works should be made available under an open license.
Such report shall include an examination of whether covered works should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner.
There’s still time for you to call members of the House Science, Space and Technology Committee and tell them to support the Sensenbrenner/Lofgren Section 303 amendment. The amendment is a step in the right direction to truly supporting public access to publicly funded research in the United States.Comments Off on FIRST Act moving ahead in US Congress
I received a fat packet in mail, full of seeds with unusual names—Magma Mustard; Flashy Lightning Lettuce; Lemon Pastel Calendula; Cherry Vanilla Quinoa—and an even more unusual but evocative note stuck on the packets.
This Open Source Seed pledge is intended to ensure your freedom to use the seed contained herein in any way you choose, and to make sure those freedoms are enjoyed by all subsequent users. By opening this packet, you pledge that you will not restrict others’ use of these seeds and their derivatives by patents, licenses, or any other means. You pledge that if you transfer these seeds or their derivatives they will also be accompanied by this pledge.
Welcome to the Open Source Seed Initiative, a group that includes scientists, citizens, plant breeders, farmers, seed companies, and gardeners, and has its origins in both the open source software movement and in the realization among plant breeders and social scientists that continued restrictions on seed may hinder our ability to improve our crops and provide access to genetic resources.
Jack Kloppenburg, Professor, Department of Community and Environmental Sociology, and one of the founders of OSSI, contacted me a couple of years ago, just around the time I joined CC full-time. He was hoping for a CC-type license for the seeds. CC’s focus, however, is restricted to copyright. And, at least for now, copyright is an area that keeps our hands full. However, OSSI’s goals are very much in line with CC’s mission, to free information, to make it flow from those who create it to those who want to use it, with least impedance. And, what better example of information than a seed in which the very blueprint of life is embedded.
Jack’s email signature reads, “Well,” she said, “you have a high tolerance for lunatics, don’t you?” Knowing Jack, that sounds about right. You’ve got to be crazy to be able to change the world.
Yes Jack, let’s talk, heck, let’s not just talk, but let’s actually collaborate and spread the seeds of change.Comments Off on Seeds of Change
Today we’re excited to announce the launch of the Open Policy Network. The Open Policy Network, or OPN for short, is a coalition of organizations and individuals working to support the creation, adoption, and implementation of policies that require that publicly funded resources are openly licensed resources. The website of the Open Policy Network is http://openpolicynetwork.org.
Increasingly, governments around the world are sharing huge amounts of publicly funded research, data, and educational materials. The key question is, do the policies governing the procurement and distribution of publicly funded materials ensure the maximum benefits to the citizens those policies are meant to serve? When open licenses are required for publicly funded resources, there is the potential to massively increase access to and reuse of a wide range of materials, from educational content like digital textbooks, to the results of scholarly research, to troves of valuable public sector data. The $2 billion U.S. Department of Labor TAACCCT grant program is an example of a policy whereby publicly funded education and training materials are being made available broadly under an open intellectual property license.
There is a pressing need for education, advocacy, and action to see a positive shift in supporting open licensing for publicly funded materials. The Open Policy Network will share information amongst its members, recruit new advocates, and engage with policymakers worldwide. The OPN members are diverse in content area expertise and geographic location. Creative Commons is a part of the Open Policy Network because we believe that the public deserves free access and legal reuse to the the resources it funds. With simple policy changes — such as requiring publicly-funded works be openly licensed and properly marked with easy-to-understand licensing information — the public will be better able to take advantage of their rights to access and reuse the digital materials developed with taxpayer funds.
With today’s launch of the Open Policy Network, we’re announcing our first project, the Institute for Open Leadership. Through a weeklong summit with experts, accepted fellows will get hands-on guidance to develop a capstone project for implementation in their organization or institution. The Institute for Open Leadership will help train new leaders in education, science, and public policy fields on the values and implementation of openness in licensing, policies, and practices.Comments Off on Launch of the Open Policy Network
If you’re a videogame designer and you have nothing to do over the next week (or if making cool games is more fun than your day job), why not spend the week developing a public domain game?
The idea of The Public Domain Jam is to encourage developers to create games based on public domain assets and stories, and optionally give the games themselves back to the public domain via the CC0 waiver. The game trailer encourages designers to think about the amazing wealth of public domain source material: maybe in the next week, Ovid’s Metamorphoses will dethrone zombies as the most important source of game design inspiration in the public domain.Comments Off on Attention game designers: Public Domain Jam!
Ryan Merkley / Rannie Turingan / CC0
I’m honored to be chosen as CEO of Creative Commons. CC is a giant of the open web, and it’s an organization that I have always believed in and truly admire. I appreciate the confidence shown by the board, and support I have already received from staff and community members has been fantastic.
My path to CC has been unorthodox, but feels logical in retrospect. My commitment to public service and the public good; my deep belief in the power of technology; and my work to support the open Web as a place for everyone to create, share, and connect. Those are common threads that run through my work at the City of Toronto, at Mozilla, and now with Creative Commons.
Why am I joining CC? Because its success is so vital, and I want to ensure we succeed. Creativity, knowledge, and innovation need a public commons — a collection of works that are free to use, re-use, and build upon — the shared resources of our society. The restrictions we place on copyright, like fair use and the public domain, are an acknowledgement that all creativity and knowledge owe something to what came before.
Without a robust and constantly growing collection of works available for use and reuse, we lose the kind of innovation and creative inspiration that gave us Disney classics, hip-hop, and the interoperable Web. The consequences of failing to grow and protect the public commons present themselves as lost opportunities: discoveries not made, innovations left undeveloped, and creativity unrealized. It’s complex and hard to quantify, but also dangerous to ignore.
A public commons is a driving force to advance human knowledge, and is essential infrastructure for the global economy.
In today’s legal environment, the commons is increasingly under threat. New works are restricted by copyright from the moment they are created until long after their creators are dead, and stricter copyright rules are almost always demanded by large rights-holders who benefited from the commons in the first place. It’s like running across a rope bridge only to cut it loose once you get to the other side. And today’s battles over copyright often ignore the fact that the Web has dramatically shifted the motivations for creators: it’s no longer only about money. Many do it just for the love of their craft, or just to be seen in the world, and still more are finding ways to share their work and get paid at the same time.
There needs to be a balance that allows business models to thrive, and allows shared work to proliferate.
In the modern copyright environment, each one of us has to make a conscious decision to share our work. It can be complicated, confusing, and expensive. But we need creators to be inspired to do it anyway. We need governments, nonprofits, and institutions to give the public permission to use their works. We need an organization that makes the case, creates solutions so that sharing is easy even when the legal frameworks make it difficult, and that champions the benefits — both to individual creators, and to society.
That’s where Creative Commons has to lead.
A lot has changed since the first Creative Commons licenses were released in 2002. While the organization has been by many measures incredibly successful — enabling hundreds of millions of works to become part of a public commons — it has also struggled to adapt to new technology and the massive expansion of content created online.
Half a billion licensed works is an impressive achievement, but today’s Facebook users upload 350 million photos a day, and YouTube users upload over 100 hours of video a minute (yes, some of it CC-licensed). I want to drive more licensed works into the commons by breaking down the barriers — legal and technical — for individual creators. And we need tools to help those who would reuse their work to find it quickly and easily.
In his 2008 book, The Public Domain: Enclosing the Commons of the Mind, James Boyle (also a former CC board member) makes an impassioned plea to build a global movement that will fight for the public commons — one modeled after the environment movement, which took something complex and hard to quantify and drew people to its cause. I believe Creative Commons must lead this movement.
We need to rally people to our cause, and ask for their creativity, their time, and their financial support.
We begin with a global network of 70 affiliates around the world who already form a vibrant, opinionated, and brilliant community of legal experts and advocates. The seeds of our movement already have roots.
We have a strong suite of free licenses that enable sharing in an increasingly restrictive legal framework.
And we have a powerful, recognizable brand that is respected the world over.
Not a bad place to start. I’m excited to step into this role, to defend and champion the public commons, and to join this global community and movement.Comments Off on Why I joined Creative Commons
I am thrilled to welcome Ryan Merkley as the incoming CEO of Creative Commons.
This is an important moment in the history of the organization. After eleven years, CC licenses are globally recognized as the definitive tool for sharing creative works. Millions across the world use CC as a force for good in their communities. We are building universal access to knowledge and culture as we had hoped — within the freedoms we craft inside copyright.
But the web has changed, and its users with it. And CC must too. I am excited and incredibly pleased that Ryan has agreed to join CC as the leader to take CC into its next era.
Ryan is an outstanding and recognized voice among Mozilla’s global community. From his time there he has proven that he is a strong believer in the open web, open data, and open content, and he knows how to activate and motivate community members for change. He is a leader with a great technical vision informed by the right values. He has inspired all of us, and I am confident he will be the leader CC needs.
At the last Creative Commons Global Summit in Buenos Aires, someone asked me how I’d like to see the organization change.
My answer was simple: We celebrate the tremendous achievement of Version 4.0 of our Creative Commons licenses. But we are still at Version 2.0 of the technology that we use to deliver those licenses.
Ryan will fix that, and give CC another decade of incredible growth and remarkable success. We are grateful he has agreed to share his enormous talents with us.Comments Off on A message from Larry: A new CEO and a challenge to the CC community
After an extensive search, the Creative Commons board of directors is pleased to announce that Ryan Merkley will be our new CEO. He’ll start work on June 1, and we’re all looking forward to working with him.
Ryan joins us after a career working to advance social causes and public policy in nonprofits, technology, and government. As chief operating officer at the Mozilla Foundation, Ryan contributed to the development of Mozilla products and programs supporting the open web, including Lightbeam, Webmaker, and Popcorn, and also established Mozilla’s successful individual fundraising program. Ryan was most recently managing director and senior vice president of public affairs at Vision Critical, a Vancouver-based SaaS and market research firm. Before that he held leadership roles at Toronto’s City Hall, including senior advisor to Mayor David Miller, where he initiated Toronto’s open data project. Ryan also served as director of corporate communications for the City of Vancouver and the 2010 Winter Olympics. He has an impressive track record of leadership in civic-minded and technology-centered organizations — and I think he’ll make a great leader in the Creative Commons movement.
As the board has gotten to know Ryan after the past several weeks, he’s articulated a strong vision to us for the future of the organization. He understands that the internet has changed a lot since we first launched the CC licenses, and that our relevance requires an evolving technology strategy. Ryan speaks enthusiastically and eloquently about the future of Creative Commons. It is clear to me, and I think to anyone he meets, that he has been working in our world as an outspoken supporter of our mission for almost as long as Creative Commons has existed.
He also recognizes that this is a crucial moment for CC and its allies: we must work together to strengthen and protect the open web. As the web has become more stratified in a world of apps, and as new laws and court decisions stand to dramatically extend terms of copyright and make it more difficult for people to build upon the work of others, our role has never been more important.
Once again, the board would like to voice our appreciation for the work of outgoing CEO Cathy Casserly. She substantially advanced CC’s mission over the past three years. Under Cathy’s leadership, Creative Commons helped numerous governments around the world adopt open education policies, and we saw considerable growth and engagement in the CC Affiliate Network.
And finally, our sincere thanks to Lisa Grossman and staff at m/Oppenheim Associates for helping us conduct a swift and successful CEO search.
Please join me now in welcoming Ryan to Creative Commons.5 Comments »
- Download the press release (67 KB PDF)
Mountain View, CA May 14, 2014: The board of directors of Creative Commons is pleased to announce the appointment of Ryan Merkley to the position of chief executive officer. Ryan is an accomplished strategist, campaigner, and communicator in the nonprofit, technology, and government sectors. Ryan was recently chief operating officer of the Mozilla Foundation, the nonprofit parent of the Mozilla Corporation and creator of the world’s most recognizable open-source software project and internet browser, Firefox. At the Mozilla Foundation, Ryan led development of open-source projects like Webmaker, Lightbeam, and Popcorn, and also kicked off the Foundation’s major online fundraising effort, resulting in over $1.8 million USD in individual donations from over 44,000 new donors.
Ryan is a well-known and respected voice in the open source community, and recognized for his unwavering support to open government and open data initiatives.
“As the board has gotten to know Ryan after the past several weeks, he’s articulated a strong vision to us for the future of the organization,” board chair and interim CEO Paul Brest said. “He understands that the internet has changed a lot since we first launched the CC licenses, and that our relevance requires an evolving technology strategy. He also recognizes that this is a crucial moment for CC and its allies: we must work together to strengthen and protect the open web.”
“A public commons, enabled by the open web, is the most powerful force to foster creativity, inspire innovation, and enhance human knowledge around the world. Those who believe in its potential need to join together in a global movement to ensure its success,” said Ryan Merkley. “At Creative Commons we’re making that case, and supporting, inspiring, and connecting the various communities that are building the commons — from open education, to science, to film and photography — and working to provide tools, solutions, and policy on their behalf.”
Creative Commons provides a set of licenses that creators can use to grant permission to reuse their work. With over half a billion openly licensed works on the internet, Creative Commons is internationally recognized as the standard in open content licensing. Ryan will lead a global team of legal and technology professionals who manage and support the licenses, as well as experts who lead CC license adoption efforts in areas like education, culture, science, and public policy.
Ryan joins Creative Commons after a career working to advance social causes and public policy in nonprofits and government. Outside of his work at Mozilla Foundation, Ryan was senior advisor to Mayor David Miller in Toronto, where he initiated Toronto’s Open Data project. He was also seconded to the City of Vancouver as director of corporate communications for the 2010 Winter Games. Most recently, Ryan was managing director and senior vice president of public affairs at Vision Critical, a Vancouver-based SaaS company and market research firm.
Ryan will take up his new position on June 1, 2014. He will be based in Toronto, and will split his time between Toronto and the Bay Area.
Official biography and high-resolution images can be found at:
Bios and photos of Creative Commons board and advisory council members
Creative Commons launches Version 4.0 of its license suite
About Creative Commons
Creative Commons (http://creativecommons.org/) is a globally-focused nonprofit organization dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. Creative Commons provides free licenses and other legal tools to give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions and get credit for their creative work while allowing others to copy, distribute, and make specific uses of it.
For more information contact:
Communications Manager, Creative Commons
Today the White House released the U.S. Open Data Action Plan, reaffirming their belief that “freely available data from the U.S. Government is an important national resource… [and] making information about government operations more readily available and useful is also core to the promise of a more efficient and transparent government.” The report (PDF) outlines the commitments to making government data more accessible and useful, and documents how U.S. federal agencies are sharing government information. From a legal standpoint, some agencies have decided to place their datasets into the worldwide public domain using the CC0 Public Domain Dedication. This means that all copyright and related rights to the data are waived, so it may be used by anyone–for any purpose–anywhere in the world–without having to ask permission in advance–and even without needing to give attribution to the author of the data.
Use of CC0 for U.S. government works has always been a challenging topic for federal agencies. This is due to the hybrid nature of copyright for government works under Section 105 of U.S. copyright law. That statute guarantees that U.S. government works do not receive copyright protection–they are in the public domain. However, while these works are not granted copyright protection inside the U.S., the legislative history of the law notes that the works may receive copyright protection outside of U.S. borders:
The prohibition on copyright protection for United States Government works is not intended to have any effect on protection of these works abroad. Works of the governments of most other countries are copyrighted. There are no valid policy reasons for denying such protection to United States Government works in foreign countries, or for precluding the Government from making licenses for the use of its works abroad.
Historically, the U.S. government has been apprehensive to apply CC0 to federal government works, because the CC0 Public Domain Dedication is a tool to waive copyright and neighboring rights globally. At the same time, it’s clear that many high-value U.S. government datasets, such as the weather data produced by the National Oceanographic and Atmospheric Administration (NOAA), are being widely (and freely) used by meteorological and research organizations around the world. It seems that in the vast majority of cases, the U.S. federal government doesn’t wish to leverage its copyrights abroad. So perhaps it makes sense to simply clarify that these works will be made available in the worldwide public domain using a standard tool such as CC0. While we had some initial questions about acceptable licenses for federal government information, it seems that agencies are moving in the right direction in utilizing the public domain dedication, as opposed to the other copyright licensing tools that were laid out in Project Open Data.
In addition to showcasing federal agencies that are using CC0 on some of the datasets it’s releasing, the U.S. Open Data Action Plan document itself is also published under CC0.
As a work of the United States Government, this document is in the public domain within the United States. Additionally, the United States Government waives copyright and related rights in this work worldwide through the CC0 1.0 Universal Public Domain Dedication.
Over the last several years, many have called upon the federal government to adopt CC0 for U.S. government works. Most recently, a group of advocates drafted recommendations urging federal agencies to release federal government works, contractor-produced works, and primary legal materials into the into the worldwide public domain under CC0. Today’s announcement is a move in the right direction for data re-users in the United States and beyond.1 Comment »
Naeema Zarif, CC BY 4.0
In February we said goodbye to Donatella Della Ratta, CC’s longtime coordinator for the Arab world. Today we’re pleased to announce that Naeema Zarif and Sami Ben Gharbia have joined Creative Commons as the regional coordinators for the region. Naeema and Sami join CC’s other regional team leaders, who are key in organizing the Creative Commons Affiliate Network around the world.
After 8 years in advertising, Naeema Zarif took a leap into social enterprise offering expertise on conceptualization and producing both offline and online integrated media initiatives, including print, social web, audio, and film. She is an enthusiastic supporter of open culture, speaking and lecturing frequently at conferences and educational institutes, and contributing visual and digital strategic consultancy and training to various governmental, not-for-profit, and for-profit initiatives around the MENA region.
Sami is a Tunisian campaigner, blogger, writer, and freedom of expression advocate. He was a political refugee living in the Netherlands between 1998 and 2011. Sami is founding director of the advocacy arm of Global Voices, co-founder of the award-winning collective blog Nawaat, and author of the first Tunisian e-book (in French), Borj Erroumi XL. He co-founded The Arab Techies Collective and co-organized the The Arab Bloggers Conferences for several years. Foreign Policy named Sami a major world influence in promoting government transparency. Sami received a Prince Claus Award in 2012 for his cyber-activism work. Yahoo! named Sami Ben Gharbia as a person of the year during the 2010 World Press Freedom for his work focused on Internet censorship. Electronic Frontier Foundation awarded Sami and his fellow Nawaat co-founders with their 2011 Pioneer Award.
We recently highlighted some of the ongoing affiliate project grants in the Arab world region, and we look forward to more great developments with Naeema and Sami on board.Comments Off on Welcoming new CC Arab world affiliate coordinators
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