Creative Commons Version 4.0 and Public Sector Information

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This is a presentation given by Timothy Vollmer July 10 at the LAPSI final conference in Turin, Italy.

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Creative Commons Version 4.0 and Public Sector Information

  1. 1. 4.0 and PSIthe same, the new, the lingering questions Timothy Vollmer, Creative CommonsLAPSI Final meeting, Torino, 10 July 2012
  2. 2. CC tools for PSI● Licensing = Australia, New Zealand, Italy, Greece, Spain, 30+ more● CC0 = Piemonte Regional Government, Netherlands● Cultural institutions = Europeana (PDM), British Library
  3. 3. CC 3.0● some PSI publishers say cant use CC● sui generis database rights● license proliferation: ODC-BY, ODbL, OGL, France, Italy, EC, more?● Question: Can CC 4.0 fix?
  4. 4. CC license versioning 1.0 = 2001 2.0 = 2005 2.5 = 2005 3.0 = 2007 4.0 = 2012
  5. 5. 4.0 timeline● Sept 2011 = 4.0 kickoff Warsaw● Dec 2011 - Feb 2012 = requirements● Apr = 4.0d1● Apr - June = public comment 1● July = 4.0d2● July - Aug = public comment 2● Sept = 4.0d3● Sept - Oct = public comment 3 (porting)● by Dec 2012 = 4.0 final● http://wiki.creativecommons.org/4.0
  6. 6. 4.0 goals● internationalization● interoperability● long-lasting● data/PSI/science/education● supporting existing adoption models and frameworks
  7. 7. 4.0 for PSI● Whats staying the same?● Whats changing?● What are the remaining questions?
  8. 8. Whats staying the same?general operation of the license● CC licenses only operable where copyright and related rights exists● terms and conditions not triggered for use covered by exceptions and limitations● 4.0d2 working language ○ "All other uses...are in no way restricted by its terms and conditions...include uses permitted by limitation or exception to copyright...or where work or elements are in the public domain."
  9. 9. Whats staying the same?no endorsement● 4.0d2 working language: ○ "nothing in this Public License shall constitute or be considered a grant of permission to assert, imply or otherwise represent that You are, or that any use by You of the Work or Adaptation is, connected with, or sponsored, endorsed or granted official status by Licensor"
  10. 10. Whats staying the same?moral rights● untouched by CC licenses● moral rights reserved, except where necessary for licensee to exercise the licensed rights● where that is case, waive or agree to not assert
  11. 11. Whats staying the same?marking changes to adaptations● 4.0d2 working language: ○ "If You Share an Adaptation, You must indicate clearly that the Work has been adapted...You may satisfy the requirements in any reasonable manner based on the medium or means used."
  12. 12. Whats staying the same?technical protection measures● 4.0d2 working language: ○ "You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the work from You to exercise the rights granted that recipient under the terms of the License."
  13. 13. Whats staying the same?noncommercial● 4.0d2 working language ○ "not primarily intended for or directed towards commercial advantage or private monetary compensation"
  14. 14. Whats changing?sui generis database rights● 3.0 = no mention, so effect is that compliance with license conditions is not required where SGDR - but not copyright - are implicated● 4.0d2 working language: ○ "Licensor hereby grants You a license to reproduce, distribute, perform, display, communicate and use... but only to the extent Licensor may grant such permission and the use is otherwise restricted by copyright or copyright-like rights (such as performance, broadcast, phonogram and database rights)"
  15. 15. Whats changing?add preamble● 4.0d2 working language: ○ "This Public License does not affect third party rights in the Licensed Work. Additionally, You are responsible for complying with other laws that may apply to use of the Licensed Work by You. Such laws may include laws governing patents, trademarks, privacy, personality and publicity rights, data protection laws, and laws protecting against fraud, misrepresentation and similar, all of which are outside the scope of this Public License."
  16. 16. Whats changing?attribution● 3.0 language: ○ name of author ○ name of parties designated by licensor ○ title of work ○ copyright notice ○ URI to work ○ URI to license ○ notices, disclaimers, warranties
  17. 17. Whats changing?attribution (continued)● what if we strip it down? ○ author ○ URI to work ○ URI to license● URI shortcuts?● all attribution requirements subject to reasonableness language
  18. 18. Whats changing?privileges and immunities● 3.0 = no language● 4.0d2 working language: ○ "Nothing in this Public License constitutes or may be interpreted as a limitation upon or waiver of any privileges and immunities from the legal process or any jurisdiction or authority that may apply to Licensor or You."
  19. 19. What are the remaining questions?share-alike trigger● 3.0 = collections containing SA works dont have to be SA● 4.0 question = collections with SA works will be SA (without infecting other works)● alignment with GPL?● expand, never contract, SA
  20. 20. What are the remaining questions?attribution RE: text mining● issues: ○ ambiguous legal issue ○ want to avoid attribution stacking● address with increased flexibility in 4.0 attribution ○ URI shortcuts? ○ all attribution requirements subject to reasonableness language
  21. 21. What are the remaining questions?allowing licensor to add terms● consumer laws that require specific forms of disclaimers of warranties and liabilities● allow licensors to add more specificity around disclaimers?● another case: alternative dispute resolution for IGOs● problems = custom CC licenses, values unaligned with CC, etc.● what do you think?
  22. 22. What are the remaining questions?cure breach/provisional reinstatement● some violations unintentional● in GPL, if you violate the license but later fix it, you get your rights back under the license● CC licenses dont allow for this● logical fix
  23. 23. What are the remaining questions?porting● public discussion coming up● now 70 jurisdiction ports● complex, long time/lag, high cost, variance in expertise of affiliates● litigation has relied on unported● GPL not ported to jurisdictions● important community building and adoption vehicle?
  24. 24. Thank youQuestions?Timothy Vollmertvol@creativecommons.orgTwitter = tvol This work is dedicated to the public domain. https://creativecommons.org/publicdomain/zero/1.0/. Attribution is optional, but if desired, please attribute to Creative Commons.

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