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Institutional CC adoption in GLAM

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CC Summit, Seoul 2015

Published in: Law
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Institutional CC adoption in GLAM

  1. 1. 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
  2. 2. A P O L O G I E S
  3. 3. L I B E R K E Y N O T E A N D A S T O RY …
  4. 4. D I F F I C U LT A U D I E N C E
  5. 5. C C W O N G L A M • National Portrait Gallery • Tate Gallery • British Library • Canadian University Libraries • Europeana • National Library of Australia • National Library of New Zealand • New York Public Library • Open Library • Swedish National Library • Internet Archive • Wikimedia Foundation • MoMA • The Rijksmuseum • York Museums Trust • Te Papa Tongarewa: The Museum of New Zealand
  6. 6. 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
  7. 7. 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?
  8. 8. C A N W E M O V E F O R WA R D ? W H A T N E X T ?
  9. 9. 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?
  10. 10. W H AT D O W E WA N T ?
  11. 11. 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
  12. 12. W I P O • Standing Committee on Copyright and Related Rights. • “Licensing is not the answer” IFLA. • Expansion of exceptions and limitations stuck because of European publishing industry lobbying.
  13. 13. R E D A R E P O R T • Voted in July 2015. • Even trimmed down, it contains powerful statements on copyright reform. • We need to push for this to be turned into real reform.
  14. 14. 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, education use. • Pushback from maximalists on private copying.
  15. 15. 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
  16. 16. 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 ?
  17. 17. 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.
  18. 18. T E R M I N O L O G Y • Public domain dedication • Relinquishment • Renouncement • Abandonment
  19. 19. 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.”
  20. 20. 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.”
  21. 21. 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 formalities. • 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.”
  22. 22. 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
  23. 23. 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;”
  24. 24. 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
  25. 25. C C 0 • Given the ambiguous state of the law, CC0 is the best option for those interested in copyright relinquishment.
  26. 26. W H Y C C 0 ? • Public domain dedication to the extent permitted by law. • 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.
  27. 27. 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 rights. You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission.”
  28. 28. S PA C E X H T T P : / / G O O . G L / Z O J 2 7 A
  29. 29. F L I C K R H T T P : / / G O O . G L / K B G O 8 3
  30. 30. 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.”
  31. 31. 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) •Europeana •Genomes Unzipped •German National Library •Harvard Library •Netherlands Government •Sage Commons •Université de Montréal Biodiversity Centre
  32. 32. 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 Domain Dedication.”
  33. 33. C O N C L U D I N G …
  34. 34. 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 Thanks

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