The Public Domain Charter

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presentation about a draft of the Public Domain Charter during the Europeana DISH pre-conference in the Hague on 9 december 2009

presentation about a draft of the Public Domain Charter during the Europeana DISH pre-conference in the Hague on 9 december 2009

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  • 1. www.europeanaconnect.eu the Public Domain Charter DISH pre-conference The Hague, 8 december 2009 Lucie Guibault (IvIR) & Paul Keller (Knowledgeland)
  • 2. Communia network
  • 3. Communia network • the European thematic network on the Public Domain funded under the eContent plus programme of the European Union.
  • 4. Communia network • the European thematic network on the Public Domain funded under the eContent plus programme of the European Union. • brings together about 50 institutions from academia and civil society from Europe and beyond (note: only a few archives or libraries)
  • 5. Communia network • the European thematic network on the Public Domain funded under the eContent plus programme of the European Union. • brings together about 50 institutions from academia and civil society from Europe and beyond (note: only a few archives or libraries) • one of the activities: contributing to a better understanding of the Public Domain as a shared ressource.
  • 6. the Public Domain manifesto
  • 7. the Public Domain manifesto • objectives:
  • 8. the Public Domain manifesto • objectives: • to broaden the concept of the Public Domain in the digital age
  • 9. the Public Domain manifesto • objectives: • to broaden the concept of the Public Domain in the digital age • intended as a position statement in the discussion around the scope of copyright in the digital public domain.
  • 10. the Public Domain manifesto • objectives: • to broaden the concept of the Public Domain in the digital age • intended as a position statement in the discussion around the scope of copyright in the digital public domain. • based on critical (academic) analysis of the scope of copyright legislation.
  • 11. the Public Domain manifesto • objectives: • to broaden the concept of the Public Domain in the digital age • intended as a position statement in the discussion around the scope of copyright in the digital public domain. • based on critical (academic) analysis of the scope of copyright legislation. • we will be seeking signatories from outside the
  • 12. Europeana: why the need for a
  • 13. Europeana: why the need for a • Europeana is different from Communia:
  • 14. Europeana: why the need for a • Europeana is different from Communia: • it is actually developing a service in collaboration with a huge number of stakeholders (and these tend to be museums, libraries, archives and publishers).
  • 15. Europeana: why the need for a • Europeana is different from Communia: • it is actually developing a service in collaboration with a huge number of stakeholders (and these tend to be museums, libraries, archives and publishers). • Europeana has a much more concrete objective: To enable access to the shared cultural heritage of Europe.
  • 16. Europeana: why the need for a • Europeana is different from Communia: • it is actually developing a service in collaboration with a huge number of stakeholders (and these tend to be museums, libraries, archives and publishers). • Europeana has a much more concrete objective: To enable access to the shared cultural heritage of Europe. • the functioning of Europeana is - for now and the near future - dependent on that fact that there are huge quantities of works in the
  • 17. Europeana: why the need for a
  • 18. Europeana: why the need for a • There is a wide range of practices in dealing with Public Domain works among the cultural institutions contributing material to Europeana.
  • 19. Europeana: why the need for a • There is a wide range of practices in dealing with Public Domain works among the cultural institutions contributing material to Europeana. • some of them charge for downloading (in some cases even accessing) digitized items that are in the public domain, in analogue form.
  • 20. Europeana: why the need for a • There is a wide range of practices in dealing with Public Domain works among the cultural institutions contributing material to Europeana. • some of them charge for downloading (in some cases even accessing) digitized items that are in the public domain, in analogue form. • This practice is highly detrimental for the Europeana as a project and limits the fundamental rights and interests of the general public
  • 21. From Manifesto to Charter
  • 22. From Manifesto to Charter • We have based the Charter on a draft version of the Public Domain Manifesto
  • 23. From Manifesto to Charter • We have based the Charter on a draft version of the Public Domain Manifesto • We have ensured that there is a certain level of consistency (no contradictions) between both documents.
  • 24. From Manifesto to Charter • We have based the Charter on a draft version of the Public Domain Manifesto • We have ensured that there is a certain level of consistency (no contradictions) between both documents. • Our drafting is based on the assumption that the objective of Europeana is to enable free and unrestricted access by everyone to the shared cultural heritage of Europe.
  • 25. From Manifesto to Charter • We have based the Charter on a draft version of the Public Domain Manifesto • We have ensured that there is a certain level of consistency (no contradictions) between both documents. • Our drafting is based on the assumption that the objective of Europeana is to enable free and unrestricted access by everyone to the shared cultural heritage of Europe. • Where the Manifesto is about widening the
  • 26. The Public Domain Charter
  • 27. Principles for drafting
  • 28. Principles for drafting • The charter is based on existing european copyright legislation (but does not necessarily adress all national specificities). Only the last part makes recommendations to change existing legislation.
  • 29. Principles for drafting • The charter is based on existing european copyright legislation (but does not necessarily adress all national specificities). Only the last part makes recommendations to change existing legislation. • We have chosen an approach that is based on perspective of users/European citizens (the intended beneficiaries of Europeana)
  • 30. Principles for drafting • The charter is based on existing european copyright legislation (but does not necessarily adress all national specificities). Only the last part makes recommendations to change existing legislation. • We have chosen an approach that is based on perspective of users/European citizens (the intended beneficiaries of Europeana) • The concept of ‘works’ is central to the charter, we are not talking about specific copies or
  • 31. A few notes on the process (so far):
  • 32. A few notes on the process (so far): • Need for the Charter was identified in april, and we where asked to draft a charter by the EDL foundation.
  • 33. A few notes on the process (so far): • Need for the Charter was identified in april, and we where asked to draft a charter by the EDL foundation. • Actual drafting started when a first version of the Charter was forked from the Communia Public Domain manifesto (in august 2009).
  • 34. A few notes on the process (so far): • Need for the Charter was identified in april, and we where asked to draft a charter by the EDL foundation. • Actual drafting started when a first version of the Charter was forked from the Communia Public Domain manifesto (in august 2009). • First (public) draft was presented and discussed at the Europeana v1 plenary in the Hague in september.
  • 35. Preamble
  • 36. Preamble • Having a healthy and thriving Public Domain is essential to the social and economic well-being of our societies.
  • 37. Preamble • Having a healthy and thriving Public Domain is essential to the social and economic well-being of our societies. • The information technology revolution has fundamentally changed our ability to preserve and make accessible cultural heritage.
  • 38. Preamble • Having a healthy and thriving Public Domain is essential to the social and economic well-being of our societies. • The information technology revolution has fundamentally changed our ability to preserve and make accessible cultural heritage. • This creates new forms of access that should empower citizens.
  • 39. Preamble • Having a healthy and thriving Public Domain is essential to the social and economic well-being of our societies. • The information technology revolution has fundamentally changed our ability to preserve and make accessible cultural heritage. • This creates new forms of access that should empower citizens. • Cultural heritage institutions are now entrusted with making accessible our shared culture and
  • 40. two parts of the Public Domain:
  • 41. two parts of the Public Domain: • the structural Public Domain
  • 42. two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired.
  • 43. two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired. • The essential commons of information that is not covered by copyright.
  • 44. two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired. • The essential commons of information that is not covered by copyright. • the functional Public Domain
  • 45. two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired. • The essential commons of information that is not covered by copyright. • the functional Public Domain • Works that are voluntarily shared by their rights holders.
  • 46. two parts of the Public Domain: • the structural Public Domain • Works of authorship where the copyright protection has expired. • The essential commons of information that is not covered by copyright. • the functional Public Domain • Works that are voluntarily shared by their rights holders. • The user prerogatives created by fair use, fair
  • 47. Principles for a healthy Public Domain
  • 48. Principles for a healthy Public Domain • A number of principles are essential to preserve a meaningful understanding of the Public Domain in the technological environment of the networked information society:
  • 49. Principles for a healthy Public Domain • A number of principles are essential to preserve a meaningful understanding of the Public Domain in the technological environment of the networked information society: 1. Copyright protection is temporary. Copyright gives creators a time-limited monopoly regarding the control of their works. Once this period has expired, these works automatically fall into the Public Domain.
  • 50. Principles for a healthy Public Domain
  • 51. Principles for a healthy Public Domain 2. The copyright protection should last only as long as necessary to reach a reasonable compromise between protecting and rewarding authors for their intellectual labour and safeguarding the public interest in the dissemination of culture and knowledge.
  • 52. Principles for a healthy Public Domain 2. The copyright protection should last only as long as necessary to reach a reasonable compromise between protecting and rewarding authors for their intellectual labour and safeguarding the public interest in the dissemination of culture and knowledge. 3. What is in the structural Public Domain needs to remain in the structural Public Domain. Exclusive control over Public Domain works cannot be re-established by claiming exclusive rights in technical reproductions of
  • 53. Principles for a healthy Public Domain
  • 54. Principles for a healthy Public Domain 4. The lawful user of a digital copy of a Public Domain work should be free to (re-) use, copy and modify such work but Public Domain status of a work does not necessarily mean that it must be made accessible to the public.
  • 55. Principles for a healthy Public Domain 4. The lawful user of a digital copy of a Public Domain work should be free to (re-) use, copy and modify such work but Public Domain status of a work does not necessarily mean that it must be made accessible to the public. 5. Contracts or technical protection measures that restrict access to and re-use of Public Domain works should not be enforced. The Public Domain status of a work guarantees the right to re-use, modify and make reproductions.
  • 56. Principles for a healthy Public Domain
  • 57. Principles for a healthy Public Domain 6. The voluntary relinquishment of copyright and sharing of protected works are legitimate exercises of copyright exclusivity. Many authors entitled to copyright protection of their works wish not to exercise these rights to their full extent or wish to relinquish these rights altogether.
  • 58. Principles for a healthy Public Domain 6. The voluntary relinquishment of copyright and sharing of protected works are legitimate exercises of copyright exclusivity. Many authors entitled to copyright protection of their works wish not to exercise these rights to their full extent or wish to relinquish these rights altogether. 7. The functional Public Domain needs to be actively maintained to ensure the effectiveness of the fundamental balance of copyright regimes.
  • 59. Preserving the function of the PD
  • 60. Preserving the function of the PD • A number of principles are essential to preserve a meaningful understanding of the Public Domain in the technological environment of the networked information society:
  • 61. Preserving the function of the PD • A number of principles are essential to preserve a meaningful understanding of the Public Domain in the technological environment of the networked information society: 1. Any change of the scope of copyright protection needs to take into account the effects on the Public Domain. Any change of the scope of copyright must not be retroactive.
  • 62. Preserving the function of the PD • A number of principles are essential to preserve a meaningful understanding of the Public Domain in the technological environment of the networked information society: 1. Any change of the scope of copyright protection needs to take into account the effects on the Public Domain. Any change of the scope of copyright must not be retroactive. 2. No other intellectual property right must be
  • 63. Preserving the function of the PD
  • 64. Preserving the function of the PD 3. When material is deemed to fall in the structural Public Domain in the material's country of origin, it should be recognized as belonging in the structural Public Domain in all other countries of the world.
  • 65. Preserving the function of the PD 3. When material is deemed to fall in the structural Public Domain in the material's country of origin, it should be recognized as belonging in the structural Public Domain in all other countries of the world. 4. There must be a practical and effective path to include 'orphan works' into the functional Public Domain.
  • 66. Preserving the function of the PD 3. When material is deemed to fall in the structural Public Domain in the material's country of origin, it should be recognized as belonging in the structural Public Domain in all other countries of the world. 4. There must be a practical and effective path to include 'orphan works' into the functional Public Domain. 5. Cultural Heritage Institutions should take upon themselves a special role in the effective labeling and preserving Public Domain works.
  • 67. reconciling the PD with the need of
  • 68. reconciling the PD with the need of • PD clearly is a double edged sword for museums:
  • 69. reconciling the PD with the need of • PD clearly is a double edged sword for museums: • it allows them to digitize, to make available works without restrictions
  • 70. reconciling the PD with the need of • PD clearly is a double edged sword for museums: • it allows them to digitize, to make available works without restrictions • at the same time they do not have exclusive control over the use of those works anymore.
  • 71. reconciling the PD with the need of • PD clearly is a double edged sword for museums: • it allows them to digitize, to make available works without restrictions • at the same time they do not have exclusive control over the use of those works anymore. • There is a need to develop business models that do not base themselves on exclusive rights:
  • 72. www.europeanaconnect.eu thanks!