11 December 2013 Cape Town Creative Commons & open licensing workshop

Creative Commons develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.

Nonprofit organization Free copyright licenses Founded in 2001 Operates worldwide

The problem: traditional copyright does not work well for sharing and free online collaboration.

Digital sharing = easy as hell Copyright = automatic, have to ask permission, painful

Features of copyright today attaches anytime “original work of authorship fixed in tangible medium of expression” is automatic applies to published/unpublished works lasts a long time (typically life of author + 50 or 70 years) “bundle of rights” = reproduce, derivative works, distribute, public performance

Features of copyright today copyright infringement expensive (in U.S. $750-$150,000/work) public domain = not protected by copyright copyright = “all rights reserved”; public domain = “no rights reserved” you have to ask permission

But how to ask permission?

How to support those that just want to share?

CC’s solution: A simple, standardized, legally robust way to grant copyright permissions to creative works (and data).

“Lowers transaction costs”

CC’s legal infrastructure: (1) copyright licenses (2) public domain tools

(1) CC copyright licenses

How do CC licenses work? built on traditional copyright law works within existing system by allowing movement from “all rights reserved” to “some rights reserved” gives creators a choice about which freedoms to grant and which rights to keep minimizes transaction costs by granting the public certain permissions beforehand

License Building Blocks All CC licenses are combinations of 4 elements: AttributionNonCommercialNoDerivativesShareAlike

6 Licenses

Spectrum of Freedom

Creative Commons license chooser

Anatomy of a CC license

Human readable deed

Lawyer readable code

Machine readable metadata

Important License Attributes Scope is copyright and related rights All are non-exclusive, irrevocable licenses All require attribution All permit reuse for at least noncommercial purposes in unmodified form Do not contract away user rights (exceptions/limitations) CC licensor enters into separate license agreement with each user

Important License Attributes License runs with the work; recipient may not apply technological measures or conditions that limit another recipient’s rights under the license, e.g. no DRM no warranties license terminates immediately upon breach CC is not a party to the license

more global license rights outside scope of copyright common-sense attribution 30-day window to correct license violations increased readability clarity about adaptations clarity about ND

(2) CC public domain tools

CC0 Public Domain Dedication read “CC Zero” universal waiver, permanently surrenders copyright and related rights, placing the work as nearly as possible into the worldwide public domain

Public Domain Mark not legally operative, but a label to be used by those with knowledge that a work is already in the public domain useful for very old works where we know it is in the public domain only intended for use with works in worldwide public domain

Who uses Creative Commons?

Compatibility for remix

Marking

Marking your work with CC license different examples: website, blog, offline work, image, presentation, video, audio, dataset using CC0 marking third party content

Best practices for attribution attribution when modified slightly attribution when derivative is made attribution for material from multiple sources attribution in specific media

University open access policies “Good practices for university open access policies” o -access_policies -access_policies institutional repositories for theses: preservation, archiving, open licensing advocacy for universities to do it do it yourself too!

Q&A

This work is dedicated to the public domain. Attribution is optional, but if desired, please attribute to Creative Commons. Some content such as screenshots may appear here under exceptions and limitations to copyright and trademark law--such as fair use--and may not be covered by CC0