jisc creative commons study: interim review

© Rightscom 2006 – All rights reserved

JISC Creative Commons study: interim review

Hugh LookSenior ConsultantRightscom Ltd

JISC Creative Commons study: presentation 13 December 2006 to JISC Legal & Policy Cluster meeting 2


Creative Commons and…

►Throughout this talk, “Creative Commons” also means:►Creative Archive►AESharenet►Science Commons

►…and other related initiatives following the same principles

►Also allows for local licences aimed at wide distribution with minimal constraints►Rather than controlled distribution



Creative Commons itself is changing

►Recent developments include►“Freedoms License Chooser”►Allows licensors to add additional

metadata including links to other terms



The project: objectives

►Report on the usage, benefits and drawbacks of Creative Commons licensing►…and similar model licences

► Identify opportunities for these and other model licences that JISC and institutions might use► To ensure optimum re-use of content created within or

for the HE and FE communities ►Consider…

►Drivers►Barriers►Benefits►Risks

►…created by such innovation



The project: process

► 5 case studies► Many interviews► Focus group of practitioners ► Expert group including:

► Legal experts► Policymakers► Academics► BBC► Open University► Other stakeholders – including authors, designers, publishers,

activists► Scenarios: to identify how Creative Commons will work in

“edge cases”► Discussed by Expert Group

► Analysis, conclusions & recommendations



Findings from case studies and interviews

► Generally we found positive views on CC from the UK academic community► Creative Commons makes a powerful statement about sharing► Creative Commons seen as clarifying, simplifying and enabling► Enthusiastic support from minority

► Re-use is major goal for several projects► But not uncontrolled re-use► Re-use opportunities are not yet widely exploited by users► Not a clear definition of what re-use is

► Access for all users is an important motivator► Narrow and wide community benefits

► Although Creative Commons licences are in use in the UK academic community, there is as yet little direct experience of their impact► Mainly a function of time - early days► Complicated by lack of experience with learning objects, VLEs &

related technology



Findings from case studies and interviews (2)

► Liability for third-party content infringement is a major issue► Some projects do not believe that it is possible to proceed

without indemnities► Some have succeeded in obtaining indemnities► Others have adopted a trust model► It may be possible to minimise risk of liability by having a

different deposit licence from usage licence► Protection of other content (e.g. personal information)► Datasets: how does CC interact with database rights? ► Perception that academics adopting CC “because it’s cool”

► Identified by a number of projects and people interviewed► Not thinking through what they really want► Many not be aware of the implications► May not have read the actual licence terms



Findings from case studies and interviews (3)

► Differences in requirements for► Research outputs and resources► Learning and teaching resources

► Perception that institutions have not thought through their policies

► Little sign of enforcement by institution► Hard to identify senior-level ownership of these issues

► Little interest from institutional policymakers/service providers (contracts officers etc) – most apparently unaware of the issues

► Creative Commons is not always flexible enough to deal with new requirements

► Machine interpretability not important at this stage► What would they have done instead?



Other issues revealed in background research

► Convergence with two public policy agendas► Increasing access to research outputs► Review of value of intellectual property’s relationship to public benefit

► A reaction against complexity and lack of transparency in IPR► Response to lengthy negotiations in licensing► It can be hard to unlock the perceived connection between

Creative Commons and Open Access► Highest levels of adoption may be among informal content

creators – bloggers etc► Greatest problems may be in institution to institution licensing

► Institution to individual less problematic► May be problems when resources are held in a service that needs

authentication► Licensor & licensee can’t negotiate any aspects of a licence► Difficult to have Creative Commons where there is “universal

deposit” (e.g. by students)



Other issues revealed in background research (2)

► Potentially confusing proliferation of licence terms may go counter the objectives of simplification and increased transparency and make it hard to licensors to choose appropriately► Creative Archive► Science Commons► Clinical Commons► Etc etc

► In the UK, Creative Commons may be a contract► Would require a “consideration” to be valid in England & Wales► Not the case in Scotland

► How to understand the law where the licence is made available?► Relationship between Creative Commons and DRM► Gathering information about usage is impossible► Tensions between commons production and commons licensing► What about database rights?

► Much UK research output is data► What about moral rights?



Some high-level issues



Some high-level issues

►Lines of discourse that don’t always meet up►The theoretical debate

> “Should we do this?”> “What can we use this for?”

►The pragmatic debate> “Is it safe to do this?”> “What are the limitations?”

►Many of the proponents deal mainly in long-term benefits to society

►Many of the less convinced see mainly pragmatic problems

►Trade-off between flexibility and simplicity►Risk of creating large numbers of minor variants in order

to meet local needs



Creative Commons as an innovation

►Innovations can have good or bad consequences►They have no inherent “virtues” or “vices”►Need to keep a close focus on drivers and

impact►Study aims for analysis and objectivity►It is helping to form policy for JISC

►Need to address long-term goals as well as short-term drivers & barriers

►Sustaining or disruptive innovation?►All innovations can create powerful agendas

> However well-thought-out or ill-thought-out



What is the future for CC and similar licences?

►Is CC better adapted to some forms of research output than it is to learning/teaching objects?

►Which drivers/factors will have the most impact►On CC as a whole?►On its use in UK academic communities?

►How to make the theoretical and practical streams of thought join up?

►What are the alternatives?



Thank you

Hugh Lookwww.rightscom.com+44 (0)20 7620 4433

jisc creative commons study: interim review

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