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OpenAIRE webinars during OA week 2017: Legal aspects of Open Science (Prodromos Tsiavos))

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Types of Value-licensing. Delivered by Prodromos Tsiavos as part of the webinar 'Legal Aspects of Open Science' on October 26, 2017

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OpenAIRE webinars during OA week 2017: Legal aspects of Open Science (Prodromos Tsiavos))

  1. 1. Types of Value - Licensing Dr. Prodromos Tsiavos Athena Research and Innovation Athena RIC @prodromos
  2. 2. 1
  3. 3. understanding value in an open environment
  4. 4. Value
  5. 5. Not just €
  6. 6. but
  7. 7. € is important
  8. 8. Value FLOW content “rights” permissions (can do) restrictions (cannot do) duties (must do) LICENCES
  9. 9. when the licences
  10. 10. don’t work
  11. 11. the flow stops
  12. 12. 2
  13. 13. policies
  14. 14. Value Policies incentives through regimes of exclusion (classic Copyright licensing) reducing friction through regimes of openness (PSI regulations, open licensing)
  15. 15. Knowledge Based Capital (KBC) IPR branding business processes personnel networks
  16. 16. transition
  17. 17. Goods Relations
  18. 18. Goods Relations
  19. 19. 3
  20. 20. data value chain
  21. 21. Keeping the DGVC unbroken VXLA 2011 NJS Bicycle Chain CCBY 2.0 Elements I: * Data Value Strategy: budgetary, policy and legal measures aimed at supporting data-driven innovation * Framework Conditions: privacy regulations, data ownership, copyright, software development, access to capital, infrastructure Elements II: * Data skills: data analysts, data scientists, interdisciplinary teams * Data Champions: companies, RPOs, Industry that are data-innovators * Transborder Flows of Data and extrovert orgs: What are the main DGVCs in the core data sectors * International orgs: EU, OECD, World Bank, IMF * MegaCorps: Google, Amazon, MS, Apple, Amazon
  22. 22. data generation data validation aggregation, integration, brokering, pre- processing analysis, visualisation, reporting Data Services and Products aggregated services with aggregated added value personal data stores storage & preservati on cloud infrastructure value life cycle data tools
  23. 23. Where am I?
  24. 24. data generation data validation aggregation, integration, brokering, pre- processing analysis, visualisation, reporting Data Services and Products aggregated services with aggregated added value personal data stores storage & preservati on cloud infrastructure value life cycle data tools
  25. 25. 4
  26. 26. remember: what do you license who gains value who bears the cost data metadata Licensor licensee Licensor licensee
  27. 27. zero conditions •Value = Use •Disposition: •find data •find item •find place •focus on meta not content
  28. 28. attribution •Value = Condition •Explain how to attribute: •entity •creator •item •Institution=> information •Item=> place/ price •Membership •Admission •Links to other artefacts
  29. 29. no derivatives •Value = Condition + permission •moral rights/ integrity/ artist •Lifting restriction: •commercial uses of derivatives •Individual / generic (price differentiation)
  30. 30. share-alike •Value = Condition + permission •Viral •Co-production (Reduction of production costs) •Associations (deepening of audience) •de facto non-commercial •Linking with BY •Provenance issues •Lifting restriction: individual/ generic
  31. 31. non-commercial •Value = permission •Definition issues •“Totemic” use •Lift restriction: individual/ generic
  32. 32. additional: other conditions tagging/ “laundry symbols” Rights vs. licences NoRed FF/ DerivOnly Text and Data Mining CLARIN/ METASHARE/ Europeana know rights know licences
  33. 33. 5
  34. 34. Value production models
  35. 35. Content value strategies a Selling access to content
  36. 36. Transaction Type Licence Exchange Examples Parties involved Selling licence for use of content by end- user EULA: No rights conferred to the end user other than that of viewing the material Monetary value for access to content Free Access/ No- Reuse-For a Fee Possible models: - Per person - Per time - Per item Buying a magazine, access to subscription services (simple) Rights Holder (or retail rights holder) – end user The licence is: • Transactional • One2one • Non-negotiable (but possibly modular) Selling licence for use of content by business user Business Licence: - Access Rights - Form of redistribution rights (available to the public) Monetary value for specific (set of) right(s): - Public performance - Availability to the public - Redistribution - Derivatives • Buying performance rights • Online redistribution rights • Public Renting Rights Rights Holder (collecting society) Business user The licence is • Transactional • One2one • Negotiable with regards to the fee
  37. 37. Content value strategies b Freemium
  38. 38. Transaction Type Licence Exchange Examples Parties involved Selling access to premium content, while providing free access to other types of content (e.g. Dual licensing: - Free EULA (Free Access No Reuse Without a Fee) for part of the content - Paid EULA (Free Access No Reuse for a Fee) for premium content Free Access to part of the content (limited set of articles) Monetary value for access to content Free Access/ No- Reuse-For a Fee Possible models: - Per person - Per time - Per item Objectives: • Enlarge audience • Get audience to learn the content and then bring them to the paid content It varies: - Facebook - FT - Elsevier Data services Rights Holder (or retail rights holder) – end user The licence is: • Transactional • One2one • Non-negotiable (bot possibly modular) In most cases it is included in the ToS
  39. 39. Content value strategies c Hybrid/ dual licensing
  40. 40. Transaction Type Licence Exchange Examples Parties involved Providing - Free access to limited open access material (e.g. with NC or SA restrictions) - Premium access for lifting restrictions Multiple licensing: - Open Licensing with restrictions (NC, SA, ND) - Free Access licensing with restrictions (NoRed, viewing only) - Lifting restrictions for a fee - Free to check the content - Pay to commercialise the content Record Labels Rights Holder (or retail rights holder) – End user Commercial User
  41. 41. Service value strategies d Premium vs Freemium
  42. 42. Transaction Type Licence Exchange Examples Parties involved Selling access to services, while leaving the content free or open access Licensing and Terms of Service Structure: - ToS controls access to the service - Licensing is incorporated in the ToS - It could be premium or freemium or open content Free Access to part or whole of the service Monetary value for access to Service Free Access/ No- Reuse-For a Fee Possible models: - Per person - Per time - Per item Objectives: • Depends on the type of service provided • Pay (a) for the service not for the content (b) for the content through the Most Journals and Newspapers • New Yorker • FT Service or platform is necessary (see e.g. NewYorker) Rights Holder (or retail rights holder) – end user The licence is: • Transactional • One2one • Non-negotiable (bot possibly modular)
  43. 43. Service value strategies e Indirect revenue
  44. 44. Transaction Type Licence Exchange Examples Parties involved Differentiate audiences: - Free access to audience as a means to collect content, data and meta-data - Premium access to services with regards to the data and content produced by the audience (mostly personal data, usage data and meta-content) - These tend to be advertising services Multiple types of content and works produced: - User Generated Content: Open Licences or integration with platforms or Agnostic - Personal Data collection (consent) - Data: premium licensing or trade secret - Services: premium services on the basis of aggregate data - Free access to service for collection of activity data and personal data processing consent - Selling data for a fee - Selling Services (no data) for a premium fee - Increase in the value of the company - Cross-sector deals Facebook Rights Holder End Users Business Users
  45. 45. Data value strategies f Multi-sourcing Value
  46. 46. Transaction Type Licence Exchange Examples Parties involved Differentiate audience: - Free access to audience as a means to collect content, data and meta-data - Premium access for open access - Premium access to services with regards to the data and content produced by the audience (mostly personal data, usage data and meta-content) - These tend to be advertising services Multiple types of content and works produced: - Green or Gold Access strategies - Transfer of rights with licence back - Premium Licensing - Open Access (CCBY or CC BY SA) - Paying for publishing services - Free access to service for collection of activity data and personal data processing consent - Selling data for a fee (policy makers or other companies or libraries) - Selling Services (no data) for a premium fee - Increase in the value of the company - Cross-sector deals - Elsevier - Thompson Reuters Rights Holder Universities/ Funding Bodies/ Ministries Authors Business Users End Users
  47. 47. Data value strategies g Pure public service
  48. 48. Transaction Type Licence Exchange Examples Parties involved Provide access to public data at no fee as part of the public mission of the public sector body - No licensing (Public Domain Works/ Open By Default - Public Domain Mark - Open Gov Licences - Creative Commons Attribution OR Attribution Share Alike - Creative Commons Zero - Provide Open Data without a fee - Public value - Re-use Value - Attribution It is very important to get the attribution right! Problem with commercial users when they want to safely reuse the content (the Google Example) - National archives - Welcome trust - National Governments - EU institutions Public Sector Body End User Business User
  49. 49. Platform value strategies h Standard setting
  50. 50. Transaction Type Licence Exchange Examples Parties involved Provide open access in order to create a standard - CC BY - CC BY SA (more likely to increase contributions for a common good) Open Access and re- use for contribution - All open standards - Open Document Format Standard Setting body Industry government
  51. 51. Platform value strategies i Wiki-zation
  52. 52. Transaction Type Licence Exchange Examples Parties involved Provide open access in order to get contribution - CC BY - CC BY SA (more likely to increase contributions for a common good) It is more likely to use a CC BY SA in order ensure collective improvement of the artefact Open Access and re- use for contribution - Wikipedia - GPL software projects Wiki-host Collective Authors
  53. 53. Hybrid value strategies j Content for service level
  54. 54. Transaction Type Licence Exchange Examples Parties involved - Provide open access for the content - Rights Assignment for assuming litigation costs - Open Licensing for content, fee for Service Level Agreement - CC BY - CC BY SA (more likely to increase contributions for a common good and prevent commercial use) - Assignment of rights - Fee for an SLA Free contribution for litigation support Fee for the SLA Fee for specific content or high quality content - Middleware software - Open Data by Governments (guarantee of Service Level, availability, data) - Google Art Project Content and Rights Owner Value added parties Reusers Commercial companies
  55. 55. Hybrid value strategies k Digital, physical and phygital
  56. 56. Transaction Type Licence Exchange Examples Parties involved - Provide open access for the content - Pay fee for the admission to the gallery - Pay fee for the Apps (with value added content) - Pay fee for admission - Pay fee for buying for buying physical or digital premium content (e.g. merchandise, catalogues, clothes etc) - CC BY/ Zero for metadata - CC BY-NC-ND (when commercial use is to be licensed separately) - CC BY SA (when the service is such that multiple copies do not really pose a problem) - All Rights Reserved (ARR) for premium content - Access fee for physical space - EULA for Apps - Open meta-data for identification and attribution - Open content for increasing audience - Open and reusable content for deepening audience - Fee for premium content - Fee for time and place specific content (performance) - Fee for premium services (apps that are updated) - Tate - BBC - BL Content and Rights Owner Value added parties Reusers Commercial companies
  57. 57. Hybrid value strategies l Branding strategies
  58. 58. Transaction Type Licence Exchange Examples Parties involved - Provide open access for the content and service - Control of the use of trademarks - CC BY/ CC BY-SA for content (which is mostly generated by users) - Strict control of payments of contributors (fees for writing is prohibited, payment for community is allowed) - Strict control of use of trademarks - Open content for improving it - Open access to the platform for increasing the power of the brand - Trademark is controlled via franchise-like agreements - Creative Commons - Open Knowledge Foundation - Wikipedia - wikibiz International NGOs EndUsers Cultural Orgs (PSBs) Commercial Partners

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