Why is open licensing
important for OGP?
Open Government Partnership
Civil Society Day workshop
Why do need legal standards and open
licensing in the first place?
● Legal clarity
● Or else! chilling effects
● Legal pro...
What is enabled by clarifying legal standards?
● Efficient reuse by all, esp gov’
t
● Effective gov’t spending;
maximize i...
What is Creative Commons and how
does it work?
● CC licenses built on traditional copyright law
● works within existing sy...
License Building Blocks
All CC licenses are combinations of 4
elements:

Attribution

ShareAlike

NonCommercial

NoDerivat...
Anatomy of a CC license
Human readable deed
Lawyer readable code
Machine readable metadata
Creative Commons license chooser

https://creativecommons.org/choose/
Important License Attributes 1
●
●
●
●

Scope is copyright and related rights
All are non-exclusive, irrevocable licenses
...
Important License Attributes 2
● License runs with the work; recipient may
not apply technological measures or
conditions ...
CC0 Public Domain Dedication
● read “CC Zero”
● universal waiver, permanently surrenders
copyright and related rights, pla...
Public Domain Mark
● not legally operative, but a label to be used
by those with knowledge that a work is
already in the p...
Examples of CC open license
adoption
Examples of country-specific open
government license
Many statements, common goal
●
●
●
●
●

“License free”
“Public domain”
“No restrictions on use”
“CC0”
“Most open licensing...
Challenges
● Public domain = problems solved
● Even better: harmonize limitations &
exceptions
● Ongoing “license envy”
● ...
So what should we use?
● Codify & harmonize limitations and
exceptions to copyright!
● CC0 to waive copyright worldwide
● ...
Resources and getting involved
● Open data handbook - http:
//opendatahandbook.org/
● LAPSI project - http://www.lapsi-pro...
This work is dedicated to the public domain.
https://creativecommons.org/publicdomain/zero/1.0/.
Attribution is optional, ...
Open licensing workshop at OGP Civil Society Day
Open licensing workshop at OGP Civil Society Day
Open licensing workshop at OGP Civil Society Day
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Open licensing workshop at OGP Civil Society Day

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Open licensing workshop at OGP Civil Society Day

  1. 1. Why is open licensing important for OGP? Open Government Partnership Civil Society Day workshop
  2. 2. Why do need legal standards and open licensing in the first place? ● Legal clarity ● Or else! chilling effects ● Legal problems = huge timesuck ● Make it invisible ● Posting online not enough ● Put in PD or attach open license ● Machine-readable license ● It’s not so difficult!
  3. 3. What is enabled by clarifying legal standards? ● Efficient reuse by all, esp gov’ t ● Effective gov’t spending; maximize investments ● Citizen participation, collaboration, transparency ● Promote creativity, innovation, unexpected uses and applications ● Spur economic activity ● Example: Europeana - http: //pro.europeana.eu/casestudies-edm
  4. 4. What is Creative Commons and how does it work? ● CC licenses built on traditional copyright law ● works within existing system by allowing movement from “all rights reserved” to “some rights reserved” ● CC gives creators a choice about which freedoms to grant and which rights to keep ● CC minimizes transaction costs by granting the public certain permissions beforehand
  5. 5. License Building Blocks All CC licenses are combinations of 4 elements: Attribution ShareAlike NonCommercial NoDerivatives
  6. 6. Anatomy of a CC license
  7. 7. Human readable deed
  8. 8. Lawyer readable code
  9. 9. Machine readable metadata
  10. 10. Creative Commons license chooser https://creativecommons.org/choose/
  11. 11. Important License Attributes 1 ● ● ● ● Scope is copyright and related rights All are non-exclusive, irrevocable licenses All require attribution All permit reuse for at least noncommercial purposes in unmodified form ● Do not contract away user rights (exceptions/limitations) ● CC licensor enters into separate license agreement with each user
  12. 12. Important License Attributes 2 ● License runs with the work; recipient may not apply technological measures or conditions that limit another recipient’s rights under the license, e.g. no DRM ● no warranties ● license terminates immediately upon breach ● CC is not a party to the license
  13. 13. CC0 Public Domain Dedication ● read “CC Zero” ● universal waiver, permanently surrenders copyright and related rights, placing the work as nearly as possible into the worldwide public domain
  14. 14. Public Domain Mark ● not legally operative, but a label to be used by those with knowledge that a work is already in the public domain ● useful for very old works where we know it is in the public domain ● only intended for use with works in worldwide public domain
  15. 15. Examples of CC open license adoption
  16. 16. Examples of country-specific open government license
  17. 17. Many statements, common goal ● ● ● ● ● “License free” “Public domain” “No restrictions on use” “CC0” “Most open licensing terms available” ● “CC BY is default” ● “Enable free reuse, including commercial” ● “Open Definition is baseline” ● all about minimizing restriction, maximizing reuse!
  18. 18. Challenges ● Public domain = problems solved ● Even better: harmonize limitations & exceptions ● Ongoing “license envy” ● So be it, but keep out “poison” clauses that kill interoperability ● Example: OGL 2.0 ● Good moves: Open Definition WG, LAPSI 2.0
  19. 19. So what should we use? ● Codify & harmonize limitations and exceptions to copyright! ● CC0 to waive copyright worldwide ● Open Definition as baseline ○ means, reuse for any purpose (even commercial), with at most requirement to attribute and sharealike ○ conformant licenses = http://opendefinition. org/licenses/ ● Push for most progressive policies, as fewer restrictions leads to increased reuse
  20. 20. Resources and getting involved ● Open data handbook - http: //opendatahandbook.org/ ● LAPSI project - http://www.lapsi-project.eu/ ● EC consultation on PSI Directive - http://bit. ly/14JyJ8K ● CC affiliates in your country - http://wiki. creativecommons.org/CC_Affiliate_Network ● OKFN, GODI, Sunlight Foundation ● Open Definition Working group
  21. 21. This work is dedicated to the public domain. https://creativecommons.org/publicdomain/zero/1.0/. Attribution is optional, but if desired, please attribute to Creative Commons. Graphics Credits ● Policy Icon - by The Noun Project - Public Domain ● Question Icon - by Rémy Médard, from The Noun Project - CC BY ● Stamp Icon - by Marino Cagnina, from The Noun Project - CC BY ● Big Idea Icon - Public Domain ● Puzzle Icon - by John O’Shea, from the Noun Project - CC BY

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