Creative Commons Public Domain Legal Tools and Infrastructure
Creative Commons PD Legal Tools and Infrastructure 3 rd COMMUNIA Workshop Marking the Public Domain: Relinquishment and Certification Amsterdam · 20 Oct 2008 Diane Peters, General Counsel Mike Linksvayer, Vice President Presentation dedicated to the Public Domain .
<ul><li>Overview </li></ul><ul><li>Why Does the Public Domain Matter [to CC]? [ML] </li></ul><ul><li>The Problems of Accessibility and Supply [DP] </li></ul><ul><li>What CC is doing to help </li></ul><ul><li>PDD&C [DP] </li></ul><ul><li>Science Commons Open Access Protocol [DP] </li></ul><ul><li>CC0 [DP] </li></ul><ul><li>PD Assertion [DP & ML] </li></ul><ul><li>Registry [ML] </li></ul><ul><li>Workshops </li></ul>
Why does the Public Domain matter? Because with the addition of “digital” and other key words, funders become interested?
Why does the Public Domain matter? Because “Why does the Public Domain matter” sounds like the topic for an essay contest?
Why does the Public Domain matter? Because communication requires the Public Domain like life needs oxygen?
How much does the Public Domain matter? Probably a severely under-studied question (or I could be severely ignorant)
Why does Creative Commons care about the Public Domain? History CC has its origins in an attempt to defend the public domain.
Why does Creative Commons care about the Public Domain? Fit Legal and technical expertise and tools developed to facilitate “some rights reserved” also apply to “no rights reserved” (and to “almost no rights reserved”)
Why does Creative Commons care about the Public Domain? Economics CC licenses facilitate more use by lowering transaction costs. Not low enough for some uses.
Why does Creative Commons care about the Public Domain? Demand Artists, educators, scientists and many others have requirements and use cases for an easily accessible and vibrant public domain.
Why does Creative Commons care about the Public Domain? Funding It’s a GOOD thing that some funders understand the importance of the public domain.
Open Access Data Protocol To be compliant, must meet design goals:  Promote legal certainty and predictability  Easy to use and understand  Lowest possible transaction cost on users
Open Access Data Protocol Implementations: [a] Must waive all rights necessary for extracting data and reuse [b] Must waive other statutory rights over data (eg., sui generis database rights) [c] Not impose contractual controls (using contract to restrict extraction and use of data)
Status of Open Access Data Protocol Submission and review process under development Implementations: Open Data Commons Public Domain Dedication and License CC0 (when finalized) More Info: http://sciencecommons.org/projects/publishing/open-access-data-protocol/
CC0 Two tiers of operation Waiver of all copyright and related rights Public license fallback Status
PD Assertion Division of Labor Experts about particular works aren’t experts in the particulars of copyright law. Certainly not in the particulars of copyright law of 100+ jurisdictions. The hypothetical expert in the copyright law of 100+ jurisdictions isn’t expert in anything else.
PD Assertion Division of Labor Ideal: complete decoupling Practical: curators have to give some signal
PD Assertion Metadata Building on ccREL Signal galore (results not typical)