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Puneet Kishor - The new Creative Commons 4.0 Licence – what’s new and why it’s important

Presentation given by Puneet Kishor (Manager of Science and Data Policy, Creative Commons) on Creative Commons 4.0 and its application to cultural data.

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Puneet Kishor - The new Creative Commons 4.0 Licence – what’s new and why it’s important

  1. 1. An international non-profit that enables sharing and use of creativity and knowledge through free legal tools. Develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation. Founded in 2001. Headquartered in the Bay Area. Creative Commons
  2. 2. Helps you share your knowledge and creativity with the world. Our vision is nothing less than realizing the full potential of the Internet — universal access to research and education, full participation in culture — to drive a new era of development, growth, and productivity. Vision
  3. 3. International Affiliates
  4. 4. Copyright vs. CC vs. PD C CC Have to choose “Some rights reserved” Lasts a really long time Assigned automatically “All rights reserved” Lasts a really long time Have to choose/ expiry/statutory “No rights reserved” Lasts forever 0 c
  5. 5. A Spectrum of Freedom closed open ©all rights reserved public domainno derivatives non-commercial share alike give attribution
  6. 6. Building Blocks of Licenses BY – attribution required SA – share alike NC – non-commercial ND – no derivatives
  7. 7. Standard permissions Make copies Distribute, display, perform Change format Incorporate in collection Permissions and Conditions Permissions Make copies Distribute, display, perform Change format Incorporate in collection ! ! Conditions Give credit No implied endorsement Retain copyright notice Provide link to license Identify if changes made Don’t add DRM
  8. 8. CC Licenses Attribution Let others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. Attribution-ShareAlike Let others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. Attribution-NoDerivs Allow for redistribution, commercial and non-commercial, as long as the work is passed along unchanged and in whole, with credit to you. Attribution-NonCommercial Let others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non- commercial, they don’t have to license their derivative works on the same terms. Attribution-NonCommercial- ShareAlike Let others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Attribution-NonCommercial- NoDerivs Only allow others to download your work and share it with others as long as they credit you, but they can’t change it in any way or use it commercially.
  9. 9. CC Public Domain Tools CC0 CC0 (CC Zero) enables scientists, educators, artists and other creators and owners of copyright- or database-protected content to waive those interests in their works and thereby place them as completely as possible in the public domain, so that others may freely build upon, enhance and reuse the works for any purposes without restriction under copyright or database law. CC0 empowers yet another choice altogether – the choice to opt out of copyright and database protection, and the exclusive rights automatically granted to creators – the “no rights reserved” alternative to our licenses. Public Domain Mark Our Public Domain Mark enables works that are no longer restricted by copyright to be marked as such in a standard and simple way, making them easily discoverable and available to others. Many cultural heritage institutions including museums, libraries and other curators are knowledgeable about the copyright status of paintings, books and manuscripts, photographs and other works in their collections, many of which are old and no longer under copyright.  The Public Domain Mark operates as a tag or a label, allowing institutions like those as well as others with such knowledge to communicate that a work is no longer restricted by copyright and can be freely used by others.
  10. 10. Three Layers of Licenses A “machine readable” version of the license in CC Rights Expression Language (CC REL) is embedded in the web page. Each license is a traditional legal tool, in the language that lawyers understand. This is the Legal Code layer of each license. The Commons Deed is a “human readable” version of the license, summarizing the most important terms and conditions. Text Text
  11. 11. version 1.0 in 2002 version 2.0 in 2004 version 2.5 in 2005 version 3.0 in 2007 version 4.0 released in 2013 4.0 Versions
  12. 12. Growth in CC Licensing 500 Million 400 Million 300 Million 200 Million 100 Million 2003 2004 2005 2006 2007 2008 2009 2010 2003 – 2010 20% first year, nearly 40% by 2010 CC BY, BY-SA, Public Domain Total CC Licensed Works TOTAL CC LICENSED WORKS AS OF 2010 400MM+USING A FULLY OPEN CC LICENSE AS OF 2010 40%
  13. 13. Choose Individuals Platforms see see
  14. 14. Apply see <a rel="license" href=" deed.en_US"> <img alt="Creative Commons License" style="border-width:0" src=" 3.0/88x31.png" /></a> <br /> This work is licensed under a <a rel="license" href=" by/3.0/deed.en_US"> Creative Commons Attribution 3.0 Unported License</a>.
  15. 15. Music
  16. 16. Journalism/Broadcast
  17. 17. Publishing Publishing raises author-set fee through crowdfunding. When campaigns succeed, authors and publishers get paid, and they issue a free electronic edition under a Creative Commons license. Pratham Books believes that every child has the right to enjoy good books. They publish all their books under CC BY or CC BY-SA licenses. The CK-12 Foundation is striving to reduce the cost of, and increase access to, K-12 education in the United States and worldwide. All books are published under CC licenses. PeerJ is an Open Access publisher of scholarly articles published under the CC BY license. Wikipedia, “the free encyclopedia that anyone can edit” publishes its entire content under a CC BY-SA license. BMC is an Open Access publisher of scholarly articles utilizing CC BY license for all its articles. PLOS is an Open Access publisher of scholarly articles utilizing CC BY license for all its articles.
  18. 18. Museums and Archives Europeana, the digital library of Europe, publishes more than 20 million records of its metadata under a CC0 Public Domain Dedication Harvard Libraries publish all their metadata under a CC0 Public Domain Dedication figshare, a data archive supported by Digital Science accepts data under CC0 Public Domain Dedication, and articles under CC BY license, and provides various value added services in return CERN, the European Organization for Nuclear Research, released its book catalog into the public domain using the CC0 public domain dedication. Powerhouse Museum, Sydney, Australia, publishes its “Photo of the Day” under a CC BY-NC license Dryad provides data archival services for research data released under a CC0 Public Domain Dedication Using CC0, WisconsinView, a consortium that makes aerial photography and satellite imagery of Wisconsin available to the public has surrendered all copyrights in its 6+ Terabytes of imagery data.
  19. 19. CC 4.0 Goals International Interoperable Long-lived Appropriate for data, PSI, science, education and related communities Meeting the needs of important adopters, including IGOs and governments See 4.0 Goals
  20. 20. No Endorsement No endorsement is provided or implied. This means you as a user of CC-licensed works cannot suggest or assert that the licensor is endorsing your use or your work
  21. 21. Attribution flexibility is increased. This means you must accurately attribute all licensors, but you may do this via a credits page and with hyperlinks. Easy Attribution
  22. 22. “Makers” of databases can use CC licenses to license sui generis database rights (SGDR). This means that if you see a CC license on a database, you know how you may use the database without worrying about what jurisdiction you are using the database in or where the database was created. caution: copyright may still apply to creative databases and works they include, but be wary of over-complying where SGDRs do not apply to your use. Database Rights
  23. 23. “You are responsible for complying with other laws, if any, that may apply to Your use of the Licensed Material. If a law or other condition prevents You from complying with this Public License when You use the Licensed Material, You are not excused from compliance. This may mean that You cannot use the Licensed Material under this Public License as You intend.” Clarity Around 3rd Party Rights
  24. 24. Some violations unintentional In GPL, if you violate the license but later fix it, you get your rights back under the license Past CC license versions don't allow for this 4.0 working language: “Licensor notifies You through reasonable means of the violation, it is the first time You have received a notice from Licensor, and You thereafter cure the violation within 30 days of the notice…” Cure Breach Reinstatement
  25. 25. Licensors can now add warranties to their licensed works. This allows you to increase the value of your database by guaranteeing your processes, sources or work in compiling the database. Add Value
  26. 26. Just like with warranties, licensors can now add other disclaimers to their licensed works. The disclaimers must be retained with the work. Customizable Disclaimers
  27. 27. You can only license the rights you have Your Rights Your License
  28. 28. If you don't apply a license, you license nothing No License No Rights
  29. 29. A license is not a contract
  30. 30. A license is not a magic shield
  31. 31. A license is a signal to the good folks, a guide to the unsure, and meaningless to the baddies
  32. 32. An open license probably does what you want A less open license probably does not do what you think Lean Toward Open
  33. 33. If you use several differently licensed works in your own work, mark them all clearly Marking
  34. 34. Marking Great Galactic Singularity by Buckingham Q. Badger Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nam neque justo, feugiat elementum convallis non, tristique nec lectus. Nullam in erat ac velit ultrices gravida non varius nulla. Nunc id mattis nisl. Praesent et placerat nibh. Curabitur et felis varius, adipiscing purus eu, venenatis odio. Phasellus sit amet auctor augue. Nulla dignissim bibendum sem. Nunc placerat accumsan augue. Duis placerat nunc vel nisi viverra lobortis. Donec ac rutrum quam, vitae dapibus elit. Nulla eget Nam luctus purus hendrerit metus v i v e r r a pellentesque. Sed lacinia rhoncus sem, vehicula b l a n d i t e r a t g r a v i d a v e l . Praesent suscipit in erat sit amet ultrices. Nulla pellentesque dui at commodo venenatis. Mauris et rutrum urna, ullamcorper posuere risus. Duis rutrum, nisl id ullamcorper interdum, nunc lectus dapibus quam, et congue augue libero in ligula. Suspendisse potenti. Cras fermentum sollicitudin imperdiet. Ut quis lorem metus. At vero eos et accusamus et iusto odio dignissimos ducimus qui blanditiis praesentium voluptatum deleniti atque corrupti quos dolores et quas molestias excepturi sint occaecati cupiditate non provident, similique sunt in culpa qui officia deserunt mollitia animi, id est laborum et dolorum fuga. Et harum quidem rerum facilis est et expedita distinctio. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil impedit quo minus id quod maxime placeat facere possimus, omnis voluptas assumenda est, omnis dolor repellendus. Temporibus autem quibusdam et aut officiis debitis aut rerum necessitatibus saepe eveniet ut et voluptates repudiandae sint et molestiae non recusandae. Itaque earum rerum hic tenetur a sapiente delectus, ut aut reiciendis voluptatibus maiores alias consequatur aut perferendis doloribus asperiores repellat. 0 25 50 75 100 April May June July frang lorb beist foo 45 5.6 -3 bar 67 2.3 -2 baz 32 6.0 -1.45 qux 44 2.0 -3.2 Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem. Ut enim ad minima veniam, quis nostrum exercitationem ullam corporis suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur? Quis autem vel eum iure reprehenderit qui in ea voluptate velit esse quam nihil molestiae consequatur, vel illum qui dolorem eum fugiat quo voluptas nulla pariatur? CC BY CC0 CC BY-SA ARR CC BY-ND Great Galactic Singularity by Buckingham Q. Badger is licensed under a Creative Commons Attribution 4.0 International License. Permissions beyond the scope of this license may be available at
  35. 35. Combining Licenses
  36. 36. Licenses for adaptations Compatibility chart Terms that may be used for a derivative work or adaptation BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD Status of original work PD               BY               BY-NC               BY-NC-ND               BY-NC-SA               BY-ND               BY-SA              
  37. 37. Share This presentation is dedicated to the public domain under a CC0 public domain dedication. ! ! ! Puneet Kishor Manager, Science and Data Policy