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 .

Overview Why Does the Public Domain Matter [to CC]? [ML] The Problems of Accessibility and Supply [DP] What CC is doing to help PDD&C [DP] Science Commons Open Access Protocol [DP] CC0 [DP] PD Assertion [DP & ML] Registry [ML] Workshops

Overview

Why Does the Public Domain Matter [to CC]? [ML]

The Problems of Accessibility and Supply [DP]

What CC is doing to help

PDD&C [DP]

Science Commons Open Access Protocol [DP]

CC0 [DP]

PD Assertion [DP & ML]

Registry [ML]

Workshops

Why does the Public Domain matter?

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.

The Challenges: Accessibility and Supply

Accessibility

Accessibility Hard to locate Legal rules differ among jurisdictions No uniform markings or labels

Supply

Supply Few processes for dedication

Supply Few processes for dedication Laws continue to expand duration

Some Solutions: Accessing and Enhancing the PD

Public Domain Dedication Science Commons Open Access Data Protocol CC0 Public Domain Assertion Registry

Dual Purpose Tool  Certification a work is in PD (+ Certifier dedicates all her © interest)‏ Or  Dedication of all © interest

Limitations  US Centric  Porting required  Combines general assertion and legal conclusion

Open Access Data Protocol Motivation: Massive amounts of scientific data, itself not © protected Need for that data to be accessible across disciplines Recognition that legal tools (licenses or other) for sharing and gaining access need to work together

Open Access Data Protocol

Motivation:

Massive amounts of scientific data, itself not © protected

Need for that data to be accessible across disciplines

Recognition that legal tools (licenses or other) for sharing and gaining access need to work together

Open Access Data Protocol Motivation: Massive amounts of scientific data, itself not © protected Need for that data to be accessible across disciplines Recognition that legal tools (licenses or other) for sharing and gaining access need to work together What it is: Statement of requirements that legal tools must meet in order to access Science Commons Open Access Data mark

Open Access Data Protocol

Motivation:

Massive amounts of scientific data, itself not © protected

Need for that data to be accessible across disciplines

Recognition that legal tools (licenses or other) for sharing and gaining access need to work together

What it is:

Statement of requirements that legal tools must meet in order to access Science Commons Open Access Data mark

Open Access Data Protocol To be compliant, must meet design goals: [1] Promote legal certainty and predictability [2] Easy to use and understand [3] 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 Legal tool enabling authors and © owners For more than just data: all works “ no right reserved” Design objectives

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)‏

PD Assertion Reputation Networks CC Network

Copyright Registries (and similar)‏ Facilitate metadata Join point for work and copyright expertise Facilitate provenance and reputation Facilitate discovery

Copyright Registries (and similar)‏ Registry as side effect Cultural heritage institutions Registry startups ... The web

Workshops

CC0 Workshop Objectives and background Share results of jurisdictional survey Interactive discussion: overview of CC0 Next steps

Certifying PD Works[hop] Approaches Challenges Business models (premature?)‏ Collaboration

Diane Peters [email_address] Mike Linksvayer [email_address]