Creative Commons: Have your Copyright and Share it Too Chuck Miller Missouri Botanical Garden TDWG 2008 Fremantle October 24, 2008

Copyright Common Law – Printer has perpetual right to copy Statute of Anne – created time limit 1787 – US Constitution –To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries 1886 – Berne Convention – International copyright –US signed in – Buenos Aires Convention 1995 – World Trade Organization, TRIPS 2002 – WIPO Copyright Treaty 2000 – US Sonny Bono Copyright Term Extension Act –Life of the author plus 70 years –For works of corporate authorship 120 years after creation or 95 years after publication, whichever endpoint is earlier

Copyright Does not cover ideas and information themselves, only the form or manner in which they are expressed Berne Convention – copyright is automatic –US required © Copyright until 1989 Work for Hire – owned by employer Fair Use – US exception Public Domain -

What Right? To produce copies or reproductions of the work and to sell those copies To import or export the work To create derivative works (works that adapt the original work) To perform or display the work publicly To transmit or display by radio or video To sell or assign these rights to others

Public Domain After copyright expiration US - Sonny Bono = all prior to1923 Varies widely, worldwide

Pirate Theory Creative work has value; whenever I use, or take, or build upon the creative work of others, I am taking from them something of value. Whenever I take something of value from someone else, I should have their permission. The taking of something of value from someone else without permission is wrong. It is a form of piracy. Larry Lessig, Free Culture

A nonprofit corporation established in Massachusetts with its home at Stanford University. Aims to build a layer of reasonable copyright on top of the extremes that now reign. Make it easy for people to build upon other people’s work, by making it simple for creators to express the freedom for others to take and build upon their work. Using simple tags, tied to human-readable descriptions, tied to bulletproof licenses

CC Licenses With a Creative Commons license, you keep your copyright but allow people to copy and distribute your work provided they give you credit — and only on the conditions you specify +

CC License Intent Legal license Human-readable description Machine-readable tags

Legal License

Human Readable Description

Machine-Readable Tags

48 Countries

HTML This work is licensed under a Cr eative Commons Attribution 2.5 Australia License. Creative Commons Attribution 2.5 Australia License

CC Terms Attribution You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request. Noncommercial. You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only No Derivative Works. You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it. Share Alike. You allow others to distribute derivative works only under a license identical to the license that governs your work.

Public Domain Dedication “Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent,”

Deed vs License You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You must keep intact all notices that refer to this License and to the disclaimer of warranties.

License You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work The credit required by this Section 4(b) may be implemented in any reasonable manner You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work The credit required by this Section 4(b) may be implemented in any reasonable manner

Caveats Nothing in this license impairs or restricts the author’s moral rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws

More Caveats Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons.

Enforcement Recent court decision upheld the enforceability of a Creative Commons license via court injunction –United States only International enforcement unknown

Problems No standard method(s) for permanently attaching the “manner of attribution” to the licensed object is defined by Creative Commons No options to restrict obscene or illegal use of a work –Author’s moral rights

TDWG Impact Meta-data needed for licensing –Additive to Copyright metadata –Terms of license, “manner of attribution” Current tags: –dc:rights – used by EOL for “manner of attribution” Public Domain? Copyright denial? –dcterms:rightsHolder –dcterms:bibliographicCitation Tags needed: –License – which license is given by righstHolder

Thanks