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I N S T I T U T I O N A L C C
A D O P T I O N I N G L A M
D R A N D R E S G U A D A M U Z
U N I V E R S I T Y O F S U S S E X , U K
A P O L O G I E S
L I B E R K E Y N O T E
A N D A S T O RY …
D I F F I C U LT
A U D I E N C E
C C W O N
G L A M
• National Portrait Gallery
• Tate Gallery
• British Library
• Canadian University Libraries
• National Library of Australia
• National Library of New Zealand
• New York Public Library
• Open Library
• Swedish National Library
• Internet Archive
• Wikimedia Foundation
• The Rijksmuseum
• York Museums Trust
• Te Papa Tongarewa: The Museum of New Zealand
T Y P I C A L S TAT E M E N T
• "We believe this vast dataset of bibliographic records –
created and compiled by the British Library over many
decades – has a range of applications far beyond its
original purpose, its going to be exciting to find out the
new uses that organisations and individuals can make of
this data... As developments such as the semantic web
create new and more effective opportunities for
researchers to find, manipulate and link information, the
availability of good quality data from a trusted source
such as the British Library will become increasingly
important.” Neil Wilson, BL
D O U B L E - E D G E D
S W O R D O F
S U C C E S S
• High visibility.
• High adoption rate and
trust from institutions.
• Are we being used as fig-
leaf to avoid real reform?
C A N W E M O V E F O R WA R D ?
W H A T N E X T ?
W H AT A R E O U R P R I O R I T I E S ?
• Wider institutional adoption?
• Copyright reform?
• More free licences?
• CC0 and public domain?
W H AT D O W E WA N T ?
O P P O R T U N I T I E S T O E N A C T C H A N G E
W I P O
• Standing Committee on
Copyright and Related
• “Licensing is not the
• Expansion of exceptions
and limitations stuck
because of European
R E D A R E P O R T
• Voted in July 2015.
• Even trimmed down, it
statements on copyright
• We need to push for this
to be turned into real
U K C O P Y R I G H T
R E F O R M S 2 0 1 4
• Wider exceptions gained
on research, museums,
libraries, data mining,
• Pushback from maximalists
on private copying.
C A N Y O U R E L I N Q U I S H Y O U R
C O P Y R I G H T ?
H T T P S : / / F L I C . K R / P / 6 1 A K E Y
O F C O U R S E !
S U R E LY !
E R R R R … I G U E S S S O ?
W H Y A R E Y O U A S K I N G ?
D E P E N D S O N T H E V I E W O F
C O P Y R I G H T
• Copyright as a property right: you can do what you
want with your property, even donate it.
• Copyright as a fundamental right of personality: you
cannot renounce basic rights.
T E R M I N O L O G Y
• Public domain dedication
R E L I N Q U I S H M E N T ( K E N YA )
• s. 45(1) of the Kenyan Copyright Law:
“The following works shall belong to the public
domain-[…] (b) works in respect of which authors have
renounced their rights;”
• s 45(2): “For the purposes of paragraph (b),
renunciation by an author or his successor in title of his
rights shall be in writing and made public but any such
renunciation shall not be contrary to any previous
contractual obligation relating to the work.”
M O R A L R I G H T S ( C O L O M B I A )
• “Art. 30 (1) The above [moral] rights may not be
waived or transferred.
When authors transfer and authorize the exercise of
their patrimonial rights they grant the enjoyment and
disposal referred to the respective contract, and retain
the [moral] rights provided in this Article.”
I R R E V O C A B I L I T Y
• Any act of relinquishment should be irrevocable.
• Therefore, all acts of renouncement should require proper
• India: “Section 21. (1) The author of a work may relinquish
all or any of the rights comprised in the copyright in the
work by giving notice in the prescribed form to the
Registrar of Copyrights or by way of public notice and
thereupon such rights shall, subject to the provisions of
sub-section (3), cease to exist from the date of the notice.”
R E S U LT S B Y C O U N T RY
C O U N T RY A L L O W S V O L U N TA RY
R E L I N Q U I S H M E N T ?
C A N M O R A L
R I G H T S B E
WA I V E D ?
B R A Z I L U N C L E A R N O
C H I L E Y E S N O
C H I N A U N C L E A R N O
C O L O M B I A Y E S N O
E G Y P T U N C L E A R N O
F R A N C E U N C L E A R N O
I N D I A Y E S U N C L E A R
K E N YA Y E S N O
R E P U B L I C O F
K O R E A
U N C L E A R N O
R E D A R E P O R T ( 2 0 1 4 / 2 2 5 6 ( I N I ) )
• “Calls on the Commission to effectively safeguard
public domain works, which are by definition not
subject to copyright protection; therefore urges the
Commission to clarify that once a work is in the public
domain, any digitisation of the work which does not
constitute a new, transformative work, stays in the
public domain; also calls on the Commission to
examine whether rightholders may be given the right
to dedicate their works to the public domain, in whole
or in part;”
W H O I S D E D I C AT I N G W O R K S T O T H E
P U B L I C D O M A I N ?
• Scientific projects (Human Genome Project)
• Libraries, archives, museums
• Public sector institutions
• A few individuals
C C 0
• Given the ambiguous state of
the law, CC0 is the best
option for those interested in
W H Y C C 0 ?
• Public domain dedication to the extent permitted by
• If local copyright law does not allow relinquishment,
then it acts as a “royalty-free, non-transferable, non
sublicensable, non exclusive, irrevocable and
unconditional license” to exercise all rights in the work.
• As of 2014, there were 832 works marked under CC0,
and 1220 marked under the public domain.
P U B L I C
D O M A I N M A R K
“This work has been
identified as being free of
known restrictions under
copyright law, including all
related and neighboring
You can copy, modify,
distribute and perform the
work, even for commercial
purposes, all without asking
S PA C E X
H T T P : / / G O O . G L / Z O J 2 7 A
F L I C K R
H T T P : / / G O O . G L / K B G O 8 3
F L I C K R A N N O U N C E M E N T
“[…] we’ve heard from our community that we’re missing two
important designations: Public Domain and Creative Commons 0
(CC0). Many members of our community want to be able to upload
images that are no longer protected by copyright and correctly tag
them as being in the Public Domain, or they want to release their
copyright entirely under CC0.
So, starting today we’re happy to support these two new options.
One of the first accounts on Flickr to change its designation was
SpaceX, which has uploaded more than a hundred gorgeous
images of its launches. These extraordinary photos are now
available for others to freely use, enhance, and promulgate without
restriction under copyright law.”
C C 0 A D O P T E R S
•The British Library
•The European Organization for Nuclear Research (CERN) Library
•Digital Public Library of America (DPLA)
•German National Library
•Université de Montréal Biodiversity Centre
A N D …
• “As a work of the United
States Government, this
document is in the public
domain within the United
States. Additionally, the
United States Government
waives copyright and
related rights in this work
worldwide through the
CC0 1.0 Universal Public
C O N C L U D I N G …
A . G U A D A M U Z @ S U S S E X . A C . U K
@ T E C H N O L L A M A