Lecture given as part of the 'Policies and Practices in Access to Digital Archives: Towards a New Research and Policy Agenda' couse at the CEU summer course 2012 in budapest

1. Open
Content
and
Open
Data
Paul
Keller,
CEU
Budapest,
3
July
2012

3. (1)
copyright,
content
&
metadata

4. (1)
copyright,
content
&
metadata
(2)
the
public
task
&
open
data

5. copyright,
content
&
metadata

8. ~1850 1941

9. ~1850 1941

10. ~1850 1941

13. Cultural
institutions
should
make
public
domain
material
digitised
with
public
funding
as
widely
available
as
possible
for
access
and
re-­‐use.
This
should
be
part
of
the
funding
conditions
for
digitisation
across
Europe.
(Key
recommendation
1,
p.5)

14. Europeam
Commission
recommendation
on
the
digitisation
and
online
accessibility
of
cultural
material
(27
October
2011):

15. Europeam
Commission
recommendation
on
the
digitisation
and
online
accessibility
of
cultural
material
(27
October
2011):
...
recommends
that
Member
States
improve
access
to
and
use
of
digitised
cultural
material
that
is
in
the
public
domain
by:

16. Europeam
Commission
recommendation
on
the
digitisation
and
online
accessibility
of
cultural
material
(27
October
2011):
...
recommends
that
Member
States
improve
access
to
and
use
of
digitised
cultural
material
that
is
in
the
public
domain
by:
• ensuring
that
material
in
the
public
domain
remains
in
the
public
domain
after
digitisation,

17. Europeam
Commission
recommendation
on
the
digitisation
and
online
accessibility
of
cultural
material
(27
October
2011):
...
recommends
that
Member
States
improve
access
to
and
use
of
digitised
cultural
material
that
is
in
the
public
domain
by:
• ensuring
that
material
in
the
public
domain
remains
in
the
public
domain
after
digitisation,
• promoting
the
widest
possible
access
to
digitised
public
domain
material
as
well
as
the
widest
possible
re-­‐use
of
the
material
for
non-­‐
commercial
and
commercial
purposes

18. ~1850 1941

19. knowledge ignorance
known known
we know unkowns
knowns
we don’t unknown unknown
know knowns unknowns

20. knowledge ignorance
known known
we know unkowns
knowns
we don’t unknown unknown
know knowns unknowns
Donald R. Rumsfeld

21. knowledge ignorance
known known
we know unkowns
knowns
we don’t unknown unknown
know knowns unknowns
Slavoj Žižek Donald R. Rumsfeld

22. rights not rights
expired expired
rightsholder known known
known knowns unkowns
rightsholder unknown unknown
unknown knowns unknowns

23. rights not rights
expired expired
rightsholder known
known © unkowns
rightsholder unknown unknown
unknown knowns unknowns

24. rights not rights
expired expired
rightsholder public
known © domain
rightsholder unknown unknown
unknown knowns unknowns

25. rights not rights
expired expired
rightsholder public
known © domain
rightsholder unknown
orphan
unknown unknowns

26. rights not rights
expired expired
rightsholder public
known © domain
rightsholder orphans >1850
orphan 1850> public domain
unknown

27. Content
that
is
under
copyright
(not
PD)

28. Content
that
is
under
copyright
(not
PD)
• For
material
that
is
still
under
copyright
and
where
the
author
is
known,
you
need
permission
to
make
the
work
available
online
(in
many
cases
also
to
digitize
it)

29. Content
that
is
under
copyright
(not
PD)
• For
material
that
is
still
under
copyright
and
where
the
author
is
known,
you
need
permission
to
make
the
work
available
online
(in
many
cases
also
to
digitize
it)
• For
material
that
is
still
under
copyright
and
where
the
author
is
not
known
(or
cannot
be
found)
you
still
have
to
obtain
permission
-­‐-­‐>
‘Hostage
Works’

30. Content
that
is
under
copyright
(not
PD)
• For
material
that
is
still
under
copyright
and
where
the
author
is
known,
you
need
permission
to
make
the
work
available
online
(in
many
cases
also
to
digitize
it)
• For
material
that
is
still
under
copyright
and
where
the
author
is
not
known
(or
cannot
be
found)
you
still
have
to
obtain
permission
-­‐-­‐>
‘Hostage
Works’
• This
means
that
you
have
do
‘rights
clearance’
before
these
works
can
be
used
online.

32. A
word
on
Creative
Commons
licenses

33. A
word
on
Creative
Commons
licenses
• They
are
not
a
tool
for
rights
clearance!
you
can
only
use
a
Creative
Commons
license
if
you
are
the
rights
holder
or
if
you
have
permission
from
the
rights
holder.

34. A
word
on
Creative
Commons
licenses
• They
are
not
a
tool
for
rights
clearance!
you
can
only
use
a
Creative
Commons
license
if
you
are
the
rights
holder
or
if
you
have
permission
from
the
rights
holder.
• Also
you
cannot
apply
a
Creative
Commons
license
to
works
that
are
in
the
public
domain.

35. A
word
on
Creative
Commons
licenses
• They
are
not
a
tool
for
rights
clearance!
you
can
only
use
a
Creative
Commons
license
if
you
are
the
rights
holder
or
if
you
have
permission
from
the
rights
holder.
• Also
you
cannot
apply
a
Creative
Commons
license
to
works
that
are
in
the
public
domain.
• This
means
that
memory
institutions
can
generally
only
apply
them
to
works/collections
for
whom
they
are
the
rights
holder.

36. A
word
on
Creative
Commons
licenses
• They
are
not
a
tool
for
rights
clearance!
you
can
only
use
a
Creative
Commons
license
if
you
are
the
rights
holder
or
if
you
have
permission
from
the
rights
holder.
• Also
you
cannot
apply
a
Creative
Commons
license
to
works
that
are
in
the
public
domain.
• This
means
that
memory
institutions
can
generally
only
apply
them
to
works/collections
for
whom
they
are
the
rights
holder.
• Free
CC
licenses
are
a
very
powerful
tool
to
encourage
re-­‐use
of
works
in
the
collection
of
memory
organizations.

37. copyright,
content
&
metadata

38. Metadata
is
different!

39. Metadata
is
different!
• Most
metadata
is
not
protected
by
copyright
because
it
is
factual
data.
(and
no,
the
fact
that
you
invested
in
assembling
it
does
not
give
you
copyright
although
in
europe
it
get’s
you
a
database
right)

41. Metadata
is
different!
• Most
metadata
is
not
protected
by
copyright
because
it
is
factual
data
(and
no,
the
fact
that
you
invested
in
assembling
it
does
not
give
you
copyright
although
in
europe
it
get’s
you
a
database
right)

42. Metadata
is
different!
• Most
metadata
is
not
protected
by
copyright
because
it
is
factual
data
(and
no,
the
fact
that
you
invested
in
assembling
it
does
not
give
you
copyright
although
in
europe
it
get’s
you
a
database
right)
• When
metadata
is
covered
by
copyright
(for
example
longer,
textual
descriptions)
the
copyright
generally
rests
with
the
memory
organization.

43. Metadata
is
different!
• Most
metadata
is
not
protected
by
copyright
because
it
is
factual
data
(and
no,
the
fact
that
you
invested
in
assembling
it
does
not
give
you
copyright
although
in
europe
it
get’s
you
a
database
right)
• When
metadata
is
covered
by
copyright
(for
example
longer,
textual
descriptions)
the
copyright
generally
rests
with
the
memory
organization.
• As
a
result
memory
organizations
can
generally
decide
themselves
if
and
under
which
conditions
they
want
to
make
their
metadata
available.

44. Europeana
Licensing
Framework

45. Europeana
Licensing
Framework
Layer #1: Digital objects (on the site of the provider)

46. Europeana
Licensing
Framework
Layer #2: Previews (lower quality versions of #1)
Layer #1: Digital objects (on the site of the provider)

47. Europeana
Licensing
Framework
Layer #3: Metadata (descriptive information of object)
Layer #2: Previews (lower quality versions of #1)
Layer #1: Digital objects (on the site of the provider)

48. Europeana
Licensing
Framework
Layer #3: Metadata (descriptive information of object)
Layer #2: Previews (lower quality versions of #1)
EDM:rights
Layer #1: Digital objects (on the site of the provider)

49. Europeana
Licensing
Framework
Layer #3: Metadata (descriptive information of object)
Layer #2: Previews (lower quality versions of #1)
Layer #1: Digital objects (on the site of the provider)

51. copyright,
content
&
metadata
(summary)

52. copyright,
content
&
metadata
(summary)
• It
is
important
to
ensure
that
Public
Domain
Content
stays
in
the
public
domain
and
is
not
misappropriated
by
memory
institutions
• Metadata
should
be
made
available
without
any
restrictions.
Europeana
and
the
DPLA
set
good
examples
here
that
should
become
the
general
code
of
conduct
among
all
memory
organizations
• We
need
legal
instruments
that
allow
memory
institutions
to
make
available
the
content
in
their
collections
available
online.
This
will
require
legislative
change.

53. the
public
task
&
open
data

54. ‘In addition we are of the opinion that public
archive institutions need to be authorized to make
works in their collections available online for non
commercial purposes without the need to obtain
permission by the rights holders’
[position taken by the National Archive of the Netherlands in negotiations with rights holders]

56. main
aspects
of
the
proposal
• will
require
not
only
access
to
public
sector
information
but
also
the
free
re-­‐use
of
(almost)
all
publicly
accessible
public
sector
information
• proposes
to
expand
the
scope
of
the
directive
to
include
memory
institutions:
Libraries,
Archives
&
Museums
(but
interestingly
does
not
expand
it
to
producing
institutions
such
as
public
broadcasters)

57. question:
should
the
scope
of
the
PSI
be
expanded
to
memory
institutions?