Considerations and process for developing a new or revised PDM that indicates public domain status in some countries

1. Marking the Public Domain
___
Exploring expansion of the PDM
for use with hybrid works
____
CC Global Summit 2015
Seoul
Diane Peters, CC General Counsel

2. The Proposition:
Expand the utility of the existing Public Domain
Mark to mark not only with works in the
worldwide PD (PD everywhere) but also for
hybrid works (PD somewhere, but not
necessarily everywhere)

4. What this conversation is:
• An opportunity to share with our stakeholders
our current thinking about a PDMv2, and begin
the public consultation process

5. What this conversation is:
• An opportunity to share with our stakeholders
our current thinking about a PDMv2, and begin
the public consultation process
##
What this conversation is not:
• A request for approval or ratification a decision
already made

6. Looking Back: Why and How PDMv1
(worldwide PDM)

8. “The Public Domain Mark is recommended for
works that are free of known copyright around
the world. These will typically be very old
works. It is not recommended for use with
works that are in the public domain in some
jurisdictions if they also known to be restricted
by copyright in others.”
https://creativecommons.org/about/pdm

9. Looking Forward: Why Consider a PDMv2?

10. • Primary demand
•Institutions (cultural heritage and other
digitizers) want to state PD status relative to
a specific jurisdiction only, for resource and
expertise issues

11. • Primary demand
•Institutions (cultural heritage and other
digitizers) want to state PD status relative to
a specific jurisdiction only, for resource and
expertise issues
• Secondary demand
•Public that is marking works they encounter
•Those without copyright in X jurisdiction, but
with possible foreign copyrights (e.g., USG)

12. Where we are: Process and Timing

13. Where we are
•Many conversations and discussions
•DPLA, Europeana and their members
(cultural heritage institutions)
•Promoters of CC0 policy for USG
•CC analysis:
•Benefits, opportunities, risks
•Mitigating risks if pursued
•Some initial scoping of integration and potential
design

14. What’s next:
Legal Tool Development Process
1.Public consultation with affiliates, community,
stakeholders – start dialogue on considerations
2.Solicit comments on public drafts if pursued
3.Resolve and document comments and decisions
transparently

15. Considerations
Opportunities and Benefits
• Grows the public domain commons, enabling
use by at least some
• Satisfies a long-standing demand
• Occupies space
• Promotes standardization
• Exposes and documents complexity of
copyright, of use in debates over policy and
reform

16. Considerations
Challenges and Risks
• Digitizers move to “safer” option, abandon
PDM-ww assertion
• Potentially undermines progress on USG using
CC0
• Loss of simplicity for re-users of works, what
does it mean for them?

17. Considerations
Mitigating Challenges and Risks
• Increase efforts for use by digitizing institutions
of PDM-ww, and USG policy favoring CC0
• Education for re-users
• Education for those marking works, possible
collaboration with experts, public domain
calculators and similar

18. Your Input:
What else should CC be thinking about
(opportunities and challenges)?
Thoughts on expanding the utility of the mark?
How would we mitigate risks?
Other possible solutions?

19. Get Involved!
subscribe to CC’s legal tool development list:
http://lists.ibiblio.org/mailman/listinfo/cc-licenses
diane@creativecommons.org
Licensed under a CC BY 4.0 International license.