The document discusses the Public Domain Charter being drafted by Communia, a network focused on the public domain. It provides context on Communia and its goals of broadening the public domain concept. It also discusses how the charter differs from Communia's manifesto and is being drafted with the needs of Europeana in mind. Europeana aims to provide access to Europe's shared cultural heritage, but some cultural institutions charge for access to digitized public domain works. The charter is meant to establish principles for a healthy public domain that enable free access.

1. www.europeanaconnect.eu
the Public Domain Charter
DISH pre-conference
The Hague, 8 december 2009
Lucie Guibault (IvIR) & Paul Keller
(Knowledgeland)

3. Communia network

4. Communia network
• the European thematic network on the Public
Domain funded under the eContent plus
programme of the European Union.

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)

6. 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.

8. the Public Domain manifesto

9. the Public Domain manifesto
• objectives:

10. the Public Domain manifesto
• objectives:
• to broaden the concept of the Public Domain
in the digital age

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.

12. 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.

13. 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

15. Europeana: why the need for a

16. Europeana: why the need for a
• Europeana is different from Communia:

17. 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).

18. 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.

19. 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

20. Europeana: why the need for a

21. 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.

22. 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.

23. 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

25. From Manifesto to Charter

26. From Manifesto to Charter
• We have based the Charter on a draft version of
the Public Domain Manifesto

27. 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.

28. 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.

29. 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

30. The Public
Domain Charter

31. Principles for drafting

32. 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.

33. 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)

34. 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

35. A few notes on the process (so far):

36. 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.

37. 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).

38. 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.

39. Preamble

40. Preamble
• Having a healthy and thriving Public Domain is
essential to the social and economic well-being
of our societies.

41. 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.

42. 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.

43. 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

44. two parts of the Public Domain:

45. two parts of the Public Domain:
• the structural Public Domain

46. two parts of the Public Domain:
• the structural Public Domain
• Works of authorship where the copyright
protection has expired.

47. 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.

48. 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

49. 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.

50. 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

51. Principles for a healthy Public Domain

52. 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:

53. 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.

54. Principles for a healthy Public Domain

55. 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.

56. 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

57. Principles for a healthy Public Domain

58. 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.

59. 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.

60. Principles for a healthy Public Domain

61. 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.

62. 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.

63. Preserving the function of the PD

64. 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:

65. 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.

66. 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

67. Preserving the function of the PD

68. 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.

69. 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.

70. 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.

71. reconciling the PD with the need of

72. reconciling the PD with the need of
• PD clearly is a double edged sword for
museums:

73. 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

74. 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.

75. 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:

76. www.europeanaconnect.eu
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