Recently, Andrés Guadamuz from CC Costa Rica was in Geneva at the 9th session of the Committee on Development and Intellectual Property (CDIP) at WIPO. Andrés has represented Creative Commons over the past few years at WIPO. CDIP was established in 2008 and deals with intellectual property issues relevant to developing nations. CC gained permanent observer status at CDIP in 2011.
At the meeting, Creative Commons delivered an intervention (this means offered a formal spoken comment) on Agenda Item CDIP/9/INF/2: Scenarios and Possible Options Concerning Recommendations 1c, 1f and 2a of the Scoping Study on Copyright and Related Rights and the Public Domain (PDF). The original study by Professor Séverine Dussolier can be located here for reference. Here are the recommendations under discussion:
1(c) The voluntary relinquishment of copyright in works and dedication to the public domain should be recognised as a legitimate exercise of authorship and copyright exclusivity, to the extent permitted by national laws (possibly excluding any abandonment of moral rights) and upon the condition of a formally expressed, informed and free consent of the author. Further research could certainly be carried out on that point. […]
1(f) International endeavours should be devoted to developing technical or informational tools to identify the contents of the public domain, particularly as far as the duration of copyright is concerned. Such tools can be data collections on works, databases of public domain works, or public domain calculators. International cross-operation and cross-referencing of such tools is of particular importance. […]
2(a) The availability of the public domain should be enhanced, notably through cooperation with cultural heritage institutions and UNESCO (through its work on the preservation of intangible cultural heritage).
Creative Commons made a statement focusing primarily on Sections 1(c) and 1(f). CC communicated that in support of 1(c) it has developed the CC0 public domain waiver as a tool for those who wish to relinquish copyright, database, and related rights to the extent allowed by law. In support of 1(f), CC welcomed the mention of its tools as a mechanism that can help identify works already in the public domain (such as the Public Domain Mark) and communicate license metadata so that search engines can filter and display to users what content is available for reuse, and under which conditions.
Below is the text of the intervention (PDF) made by Andrés. This crux of this entry is cross-posted at TechnoLlama. The COMMUNIA association, of which Creative Commons is a founding member, also offered an intervention on this agenda item. You can find previous CC interventions and associated WIPO documents on the wiki.
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Creative Commons statement to the CDIP on the Public Domain
Thank you Mr Chairman, we would like to congratulate you on your election to preside this Committee.
In his keynote presentation to the Global INET Conference here in Geneva just a couple of weeks ago, Dr Francis Gurry described intellectual property as a balancing mechanism for all of the often competing rights and equities that occur in and around the creation of innovation. Creative Commons strongly believes in this balance of rights, and strives to offer technical and legal tools to make that balance possible. We also believe that an integral part of that balance has to be the protection and promotion of the Public Domain. The public domain enriches the global cultural and intellectual environment; it allows the reproduction and reuse of countless classics that are often modernized and reintroduced to new audiences and new generations. One could almost say that they are remixed.
It is with that in mind that we welcome the Secretariat’s inclusion on this session of the Scenarios and Possible Options Concerning Recommendations 1c, 1f and 2a of The Scoping Study on Copyright and Related Rights and The Public Domain, and commend the author of The Scoping Study, Prof. Severine Dusollier. We encourage the adoption of all three recommendations, but we would like to complement the information contained in the document with regards to recommendations 1c and 1f.
With regards to Recommendation 1c, and as the document CDIP/9/INF/2 accurately describes, Creative Commons offers CC0, a universal tool that allows users to voluntarily relinquish all copyright, database and related rights to the fullest extent allowed by law. CC0 is a tool that was conceived and created out of both necessity and demand. Dedicating works to the public domain is difficult if not impossible for those wanting to contribute, voluntarily and of their own free will, their works for public use before applicable copyright or database protection terms expire. Few if any jurisdictions have a process for doing so easily and reliably. Laws vary from jurisdiction to jurisdiction as to what rights are automatically granted and how and when they expire or may be voluntarily relinquished. We understand the inherent difficulties with dealing with this issue in a comprehensive manner given the different approaches to copyright seen from Common and Civil legal traditions. Moreover, our conversations with copyright holders over CC’s 10 years in existence revealed that for some rights holders, there is a desire to signal clearly and unequivocally that their work may be used without reference to restrictions that the holder no longer wishes to retain for any number of reasons. This demand, coupled with the complex and lack of harmonized copyright frameworks, resulted in the creation of CC0. CC0 has been leveraged by numerous important rights holders, including the Dutch Government, the British Library, and the Personal Genome Project, and is part of the legal framework for important projects such as Europeana. For these reasons, we second the Secretariat’s recommendation to conduct a study on copyright relinquishment, and we also encourage this Committee to continue this important avenue.
With regards to Recommendation 1f, we once again welcome the Secretariat’s specific mention of the practices and tools available through Creative Commons. The possibility of marking copyright works with license metadata can tell search engines what is available for reuse, and under which conditions. We applaud all of the national and regional practices cited in the Secretariat’s document, and agree that these efforts must continue. Specifically, we encourage member states and regional bodies to continue to attempt to make public registry data more widely available. We would like to see a more proactive role by WIPO in the international arena. Among other promising avenues, WIPO could host some tools to facilitate the sharing of public registry information on their website, such as an aggregated database of existing registries.
Concluding, Creative Commons thoroughly supports efforts that will enhance the ability of rightsholders to voluntarily relinquish copyright thereby enriching the public domain, and of the public to access and use the public domain as copyright law full intends.
Many of you know Mike Linksvayer, the first CTO and then Vice President of Creative Commons. Mike started at Creative Commons back in 2003 (almost a decade ago!), and since then has shepherded CC through a period of great expansion, providing leadership and support for efforts across various initiatives and around the world. He has also been a great help to all of us this past year, during the transition from part-time to full-time CEO. We can not begin to name everything that Mike has done, not only for Creative Commons, but for free and open culture generally, so we’ll just name a few, with the caveat that, if ever there was a jack of all trades, he is Mike Linksvayer.
Since 2003, Mike has helped to:
- forward RDFa to a W3C Recommendation,
- migrate Wikipedia to BY-SA,
- build scalable tools and processes to support translation and localization,
- deploy constituent management tools to support fundraising and development,
- provide a great place for technical interns to come and develop their skills,
- improve scalability and responsiveness of the CC website,
- build visionary legal tools that enhance access to and grow our valuable public domain
- test, test and re-test new ideas and experimental projects,
- support the continued development and well-being of staff,
- develop our global network, providing guidance, support and encouragement for our affiliates worldwide,
- bridge communities including F/LOSS and Wikimedia, and
- implement compliant, employee-friendly operations and procedures to scale with staff size and program complexity, and
- bring exaggerated skepticism, rigorous logic and thorough analysis to all of CC’s program activities.
Finally, the board and staff would like to acknowledge that Mike has served as the primary voice of reason and forward thinking that has kept Creative Commons on a track that balances idealism with resource realism. We are grateful for Mike Linksvayer’s exceptional role in building the Creative Commons organization.
His contributions to CC make it all the more difficult to announce Mike’s transition from Vice President to Senior Fellow at Creative Commons. In his new role, he will continue to advise on CC-related research and tech projects, in addition to overarching strategy. We fully expect Mike will continue to bring passion and opinion and reason to all of our work in his new role.
Please join us in thanking Mike for all of his hard work! Mike, we wish you the very best in your future endeavors.10 Comments »
This week, open access advocates in the United States and around the world are rallying around a petition that urges public access to publicly funded research. The petition is now live on Whitehouse.gov’s We the People platform:
Require free access over the Internet to scientific journal articles arising from taxpayer-funded research.
We believe in the power of the Internet to foster innovation, research, and education. Requiring the published results of taxpayer-funded research to be posted on the Internet in human and machine readable form would provide access to patients and caregivers, students and their teachers, researchers, entrepreneurs, and other taxpayers who paid for the research. Expanding access would speed the research process and increase the return on our investment in scientific research.
The highly successful Public Access Policy of the National Institutes of Health proves that this can be done without disrupting the research process, and we urge President Obama to act now to implement open access policies for all federal agencies that fund scientific research.
The Obama Administration has been interested in exploring policy options for ensuring that the public has access to publicly funded research, and recently received nearly 500 comments on its request for information on these issues. Creative Commons recently wrote to the White House asking that taxpayer funded research be made available online to the public immediately, free-of-cost, and ideally under an open license that communicates broad downstream use rights, such as CC BY.15 Comments »
This Saturday is Culture Freedom Day, a worldwide celebration of free and open culture through education efforts, on- and offline events, and promoting artists who work in free culture. Culture Freedom Day is organized by Digital Freedom International, a nonprofit that also promotes software freedom.
As stewards of the open licenses and tools that enable creators to contribute to a free and open culture, Creative Commons encourages you to celebrate this day by learning more about it and the open licenses that make up the infrastructure for free cultural works. You can also CC license one or more of your own works, remix or build upon an existing CC-licensed work, or help bring awareness to one of your favorite CC artists.4 Comments »
From 2007 to 2011, COMMUNIA was a project funded by the European Commission to explore the role of the public domain in the digital age. Over four years, COMMUNIA, or The European Thematic Network on the Digital Public Domain, gathered over 50 members from academia and the CC community to research, promote, and preserve the digital public domain. In 2011, COMMUNIA’s members decided to continue the network as an international nonprofit association.
We would like to highlight two recent publications by COMMUNIA that shed light on COMMUNIA’s progress:
In April, COMMUNIA released, “The Digital Public Domain: Foundations for an Open Culture” under CC BY:
“This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project [from 2007-2011]. Together the authors argue that the Public Domain — that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information — is fundamental to a healthy society.”
“This Public Report is the outcome of the work of the COMMUNIA Network on the Digital Public Domain (hereinafter “COMMUNIA”). This Report was undertaken to (i) review the activities of COMMUNIA; (ii) investigate the state of the digital public domain in Europe; and (iii) recommend policy strategies for enhancing a healthy public domain and making digital content in Europe more accessible and usable. Each of the subjects indicated above will be further developed and detailed in Annex I, Annex II, and Annex III of this Report, respectively.”
The Final Report, along with the collection of essays above, highlights much of the good work completed by COMMUNIA over the years, including The Public Domain Manifesto, of which many CC affiliates, staff, and community members were a part of drafting.Comments Off on COMMUNIA explores role of digital public domain in final report
The Saylor Foundation provides global grants of US $20,000 to college textbook authors seeking to openly license their educational textbooks for use in free Saylor college-level courses. Authors maintain their copyright and license textbooks to the world via Creative Commons Attribution (CC BY) to enable maximum reuse, remix, and redistribution. To learn more and apply, visit Saylor’s Open Textbook Challenge page for more details.
In addition to providing grants for existing textbooks, the Saylor Foundation has announced a new option to award authors seeking to create open textbooks that will be CC BY licensed. Academics who are interested in creating a textbook can submit a brief statement about the proposed text and the relevant eligible Saylor course, and if successful they will receive a Request for Proposal from the Saylor Foundation (more details at the Open Textbook Development page). As a result of this new option and because preparing new texts is a lengthy process, the Saylor Foundation has decided to accept both textbook submissions and proposals for textbook development on an ongoing basis. The initiative has recently received funding from the William and Flora Hewlett Foundation and the Saylor Foundation expects to award millions of dollars for open textbooks under CC BY.
The cost of education is spiraling, for example the average amount that a U.S. college student spends on textbooks is almost US $1,200 per year. Textbook costs may represent up to seventy-five percent of a Californian community college education, and education affordability is frequently cited as a reason for course dropouts (pdf). The Saylor Foundation tackles this issue by providing free, college-level curricula worldwide via Saylor.org. Their Open Textbook Challenge aims to alleviate cost pressures by encouraging textbook authors to openly license their textbooks with CC BY so that students may use them for free.5 Comments »
In other news:
Today is Day Against DRM. If you don’t already, you should know that DRM stands for Digital Rights Management (or probably more accurately, Digital Restrictions Management), and that we have blogged about this day before for good reasons, including,
- DRM causes problems regarding fair use, lack of competition, privacy and security breaches, forced obsolescence, and more… (Read the Wikipedia article on DRM.)
- CC provides tools to make it easier for creators and owners to say what rights they reserve and permissions they grant — maximizing sharing and collaboration. This is in stark contrast with DRM that uses technology to make it harder to share and collaborate.
- CC licenses do not allow users of CC-licensed works to use DRM to prevent other users from taking advantage of the freedoms already granted by the license.
In addition, Defectivebydesign.org notes that,
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While DRM has largely been defeated in downloaded music, it is a growing problem in the area of ebooks, where people have had their books restricted so they can’t freely loan, re-sell or donate them, read them without being tracked, or move them to a new device without re-purchasing all of them. They’ve even had their ebooks deleted by companies without their permission.
This year the Content in Context conference (organized by the Association of Education Publishers and the Association of American Publishers School Division) will host a free Metadata Lab centered around educational metadata adoption.
The main highlights of the lab:
- Education data standards overview with Jack Buckley (NCES/CEDS), Ross Santy (US DOE), and Michael Jay (Educational Systemics)
- LRMI info session
- Group discussions
- One-on-one meetings
Of particular interest is the LRMI session, which will include
- A project update by Greg Grossmeier (Creative Commons)
- A discussion led by Brandt Redd (Gates Foundation) about LRMI in relation to other initiatives like the Shared Learning Collaborative and Learning Registry
- A demo of LRMI proof of concept by Mark Luetzelschwab (Agilix Labs)
Again, attendance is free but please register by contacting Dave Gladney (dgladney@AEPweb.org).Comments Off on LRMI integration workshop at Content in Context
Indie musician Dan Bull released “Sharing is Caring” into the public domain using CC0. Recently, “Sharing is Caring” reached #9 on the UK independent chart and #35 on the UK R&B Chart. Creative Commons United Kingdom interviewed Dan about why he chose to release his music for free:
“It’s up to the individual musician what they want to do and it depends on their principles. In the past I have gone the way of having no licensing on my music at all, or where licensing is necessary, I make it known that I have no problem personally with people copying or remixing the music. If you want to encourage fans to engage with your music, re-interpret it and redistribute it on your behalf, then Creative Commons is a good direction to look in.”
For those who don’t know, CC0 is not a license, but a universal public domain dedication that may be used by anyone wishing to permanently surrender the copyright they may have in a work, thereby placing it as nearly as possible into the public domain. As far as we know, Dan is the first musician to break into top music charts with music that is free from copyright restrictions. Let us know if we’re wrong!
Read the full interview with Dan over at the CC UK blog.Comments Off on Musician Dan Bull reaches #9 on UK indie charts using CC0