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  • 1. Creative Commons 4.0 Licenses: a Sui Generis Challenge? Claudio Artusio, Federico Morando Conference for eDemocracy & Open Government Krems, 21st May 2014
  • 2. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 2 Open Data & Intellectual Property Rights Copyright and related rights impact on the re-use of data and information given the “All rights reserved” default rule The EU Database directive (Directive 96/9/EC) sets two levels of protection: ● Copyright-like protection of creative databases (70 years from the database creation) ● Sui Generis Database Right (15 years from the database completion) – Extraction and re-use of all/substantial part of the database contents is prohibited
  • 3. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 3 Open Data Licenses (Open) Licenses are legal tools to manage copyright and related rights on (open) data and explain the terms and conditions under which they can be shared and re-used.
  • 4. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 4 Offer of Open Data Licenses Open Data Commons licenses ● PDDL; ODC-ODbL; ODC-By Creative Commons licenses ● From version 3.0 National open data licenses ● UK: OGL ● France: License Ouverte ● Italy: IODL ● Germany: Datenlizenz Deutschland ● …
  • 5. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 5 Creative Commons US non profit organization founded in 2001 ● Mission: to develop and support legal/technical infrastructure to maximise digital creativity, sharing and innovation ● Tools to broaden the default “All rights reserved” copyright regime: – CC licenses – CC Plus – CC0 waiver – Public Domain Mark
  • 6. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 6 CC Licenses from 3.0 to 4.0 1/3 Major Changes ● Single international license suite worldwide (broader drafting activity ex ante) ● No porting (adaptation ex post) just translations ● Full licensing of Sui Generis Database Rights ● New wording: e.g. disclaimer of warranties; limitation on liability; moral rights; severability clause
  • 7. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 7 CC Licenses from 3.0 to 4.0 2/3 New (Open Data-oriented) features 1/2 ● Consideration for licensors and the public ● Sui Generis Database Rights ● Author ---> Creator; Work---> Material ● No sublicensing
  • 8. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 8 CC Licenses from 3.0 to 4.0 3/3 New (Open Data-oriented) features 2/2 ● No endorsement ● Other rights ● Modifications to the licensed material ● Reinstatement
  • 9. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 9 Treatment of SGDR in the CC Licenses 1/3 ● Up to version 3.0: SGDR not addressed explicitly ● Version 3.0: national ported licenses waives the SGDR (rectius, the licensor waives to use her SGRD to enforce the license clauses) ● Version 4.0: SGDR included in the License Grant ● Ad hoc definition of SGDR ● Ad hoc Section 4 – Sui Generis Database Rights ● Right to extract, re-use, reproduce and share all/substantial portion of the Licensor's database (Section 4.a)
  • 10. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 10 Treatment of SGDR in the CC Licenses 2/3 A matter of: ● compliance with the database legal framework (EU Database directive) – Adoption of the EU Database Directive terminology ● Interoperability with the other existing database licenses – Sublicense prohibition – Obligation to indicate modifications to the licensed data – Prohibition to assert official status regarding the Licensee's use of the licensed data
  • 11. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 11 Treatment of SGDR in the CC Licenses 3/3 BUT ● CC compatible licenses have not been announced yet ● Non Commercial definition remained the same (and the uncertainty on its interpretation too) ● Section 4 b. (database adaptation): ● If the licensee includes all/substantial portion of the licesor's database in a database in which the licensee has SGDR, then the licensee's database is Adapted Material If the licensee does not have SGDR, then the resulting database based on the licensor's one is not Adapted Material?
  • 12. 21st May 2014 Creative Commons: a Sui Generis Challenge? - CeDEM 2014 12 In conclusion: CC 4.0 Pros and Cons ● One single legal text worldwide ● Proper licensing of the SGDR ● No sublicensing ● Prohibition to imply official status ● Modifications to the licensed material ● Ambiguous interpretation of Section 4.b (derivative databases)? ● A list of CC compatible licenses is still missing ● Definition of Non Commercial
  • 13. Thank you! claudio.artusio@polito.it federico.morando@polito.it The paper was drafted in the context of the Network of Excellence on Internet Science (EINS) and, in particular, in relation with the case studies concerning Governance, Standards and Regulation (JRA4). The authors acknowledge the support of the European Commission and are grateful to the network members for their support. Conference for eDemocracy & Open Government Krems, 21st May 2014