Creative Commons LicencingHeather Broomfield

IP Advisor Innovasjon Norge20 February 2009

Presentation

• Issues

• Creative Commons

• Features of the licences

• Examples

Wealth and growth in today’s economy are driven primarily by intangible assets. In the modern “knowledge economy” over 80% of a company’s value lies in their intangibles. Effective management of a Company’s Intellectual Assets will distance market threats and generate additional value and income for the business.

Re-use of PSI policy

•Many public sector resources useful for

• Education – primary school to 3rd level

• Public – local history and similar groups

• Encourage innovation and exploratory use of material – PIRA 1999 (European market worth 64 bn EUR per year)

Copyright

Exclusive Rights

• Produce and sell copies

• To import or export the work

• To create derivative works

• To perform or display publicly

• To sell or assign the rights to others

•Rights are automatically in force

Licencing

Permitted uses

• Rendering – display, print, play

• Distribution – copy, give, lend, sell

• Modification – excerpt, edit, aggregate

• Utility – backup, save, install, delete

Contraints

• Limitations on time, geography, types of use

• Acknowledge authors

• Distribution only on specific terms

•Licences often long and complex – both to make and to use

Reasons for Creative Commons

• Copyright has always been ’all or nothing’ – Copyrighted or public domain

• Web 2.0 remixing, sharing, re-using the ’all rights reserved” doesn’t work

• Sharing our creations with others to build on is the way forward

Creative Commons - An alternative

• Creative Commons group formed in 2001 by Lawrence Lessig

• Saw success of group-coded software projects licenced under GNU license.

• Establish a middle ground of rights between ’all rights reserved’ and public domain

Creative Commons Licences

• Ready to use, automated and standardised

• Use of licences expanding quickly aiding recognition and acceptance

• Easy to Use

•Choices offering flexibility

•Free (Gratis)

•Human readable

•Machine readable

•A direct link between the resource and the licence

Baseline set of features• Rights granted to copy re-distribute, display, digitally perform

and make verbatim copies of the work into another format

• May incorporate into a collective work

• Worldwide application lasting the entire duration of copyright

• Cannot use TPMs to restrict access to the work

• Copyright notices should be removed from the work

• Every copy of work should maintain a link to licence

• The rights holder must be attributed.

• No liability for damage

• Does not give warranties

• Does not allow royalties to be charged – Some public bodies have Pressure to generate commercial revenue. 'If this not suitable CC can be used as secondary licencing model to regulate private non-commercial use.

Beyond this – can choose between

• Attribution – Acknowledge/Credit the author

• Non-commercial – can be copied, displayed and distributed but only for non-commercial purposes – Excludes all businesses as prospective users, including media and press!

• No derivative works – does not allow derivative works to be created from original – essentially limits re-use to merely selling of PSI rather than value added activity.

• Share-alike – Derivative works can be created and distributed, but only if published under the same licence – should public sector impose on citizens the duty to share with others?

• Always possible to seek permission from rights holder to modify licence conditions.

Six licences

• BY – Attribution (acknowledge/credit the author)

• BY-NC – Attribution and only used for non-commercial purposes. Work may be modified and any derivative works can be re-distributed.

• BY-ND – Attribution and work may not be modified. Used for commercial and non-commercial purposes.

• BY-SA – Attribution. Commercial and non-commercial purposes. Allowed derivative works but these may only be made under the same share-alike licence.

• BY-NC-ND – Attribution. May only be used, unmodified, in its entirety and only for non-commercial purposes.

• BY-NC-SA – Attribution. NC purposes and modified but only distributed under the same licence.

Some issues to be considered

•Resources owned by third parties

•Custodians of material wholly owned by third parties

•In these cases it’s necessary to have the following in place

• Selection procedures for what can be licenced

• Rights clearance methodologies developed for resources which already exist and contain third party material.

• CC can help with clearance from now on – contributors can grant CC licences to works

Case Studies – which licence is suitable

• Digital Learning Resources – interactive learning publicly funded for use in further education sector

• No CC licence – resources only available for use in one sector – no cc licence to restrict to one sector

• Digital images of Victorian glassware designs –

• BY-NC-SA – few third parties would be concerned about modification and all would like to encourage resue and sharing therefore share alike.

• Censorship in WWII - Images of newspaper articles and original archives with accompanying teaching notes

• BY-NC-ND – images and paragraphs can be incorporated into other pieces of work but cannot be modified to ensure integrity

• Audio interviews from radio programmes

• BY-ND-SA – Rights holders should be made fully aware of implications

Access and right to use materials as see fit –CC licence seen as example for other governments to copyCC licences send a message of openness

Link

Creative Commons LicensesWhile this is not a condition for contributing to this group, we suggest you consider licensing your images with a Creative Commons like “Attribution-NonCommercial”. Picture Australia selects Creative Common licensed images when producing audio visual displays for National events and festivals. You can find further details about the 6 Creative Commons licenses on the Flickr Creative Commons page.

Click and Flick – NLA initative to open online pictorial gateway Picture Australia to contributions from the public

Motivations for NLA encouraging CC usage- Re-picture Australia

• Public benefit of maximum access to content as part of Australias national collection

• Develop a pool of CC licensed images which can be used without seeking permission

• Easier Content Management – one of biggest obstacles for the library is obtaining copyright clearance.

Best selling MP3 album Amazon 2008 – 9 songs free under CC licence – made more than $1.1 million in first week!

Sources used and further reading

Creative commons licensing for PSI Opportunities and Pitfalls – Mireille van Eechoud & Brenda van der Wal

Creative commons – The next generation: Creative Commons licence use five Years on, Jessica Coates, Script-ed, Vol.4, issue 1, March 2007

CIE and Creative Commons – final report of a study on the applicability of CC Licences – AHRC, University of Edinburgh

www.Creativecommons.org

Gisle Hannemyr Seminar – ideas, proposals for seminar?