A centre of expertise in digital information management UKOLN is supported by: Introduction to Creative Commons Marieke Guy Interoperability Focus This work is licensed under a Attribution- NonCommercial-ShareAlike 2.0 licence (but note caveat)

A centre of expertise in digital information management 2 Origins of Copyright in the UK Originated in the 18 th century to ensure that authors were properly remunerated for their work 1709 Statute of Anne - 2 new concepts –Author as owner of copyright –Fixed form of protection for public works (28 years after death till public domain) 1662 Licensing Act - register of licenced books International Copyright Act no longer need to assert rights Copyright Act recordings also covered Copyright Act 1956 – film and broadcast

A centre of expertise in digital information management 3 Current Copyright Law Current UK copyright law is bound by: –Copyright, Designs and Patents Act 1988 –Copyright Act 1956 –Copyright Act 1911 –International Copyright Act 1886 and the Berne Convention Is copyright an out-dated concept?

A centre of expertise in digital information management 4 What is Copyright? Copyright law gives the owner of the property certain rights. The owner decides: –who can copy the work –who can adapt the work –who can distribute the work Only the owner of the copyright has these rights Is copyright a property right or a moral right?

A centre of expertise in digital information management 5 Creating Copyrighted Works What can be copyrighted? The form or manner in which ideas have been manifested - Form of material expression. Scope for interpretive works. Do you need to do anything to copyright your works? No, copyright comes into being as soon as the work is fixed Do you, as the creator, own the copyright? Maybe, copyright materials are property and are owned by whomever owns the output of your effort at the time you created the work Who owns the copyright on works created by HEFCE employees?

A centre of expertise in digital information management 6 Licensing Copyright Works Owners of copyright may provide a set of permissions in the form of a licence that will make clear how their work may be used by others. The licence can: –set the parameters for copying –allow (or not) certain forms of adaptation –limit (or not) distribution rights –etc. Someone who agrees to be bound by the constraints of the licence is a licensee.

A centre of expertise in digital information management 7 What is Creative Commons? Creative Commons defines the spectrum of possibilities between full copyright (all rights reserved) and the public domain (no rights reserved) CC licences allow creators to retain copyright, while inviting certain uses of the work, a "some rights reserved" copyright

A centre of expertise in digital information management 8 Creative Commons Movement As mentioned previously the CC movement evolved from open source software ideas and licences US lawyer Lawrence Lessig established the public domain Web site site after participating in an unsuccessful lawsuit Lessig decided he wanted to attempt to redesign copyright from within CC was officially founded in 2001 after Lessig received a grant from the Centre for Public Domain (CPD) Lessig was assisted by IPR and IT experts (including James Boyle, Michael Carroll, Eric Saltzman, Hal Abelson and Eric Eldred) and fellows and students from Harvard Law School Many respected experts now sit on the board of directors

A centre of expertise in digital information management 9 CC Licences The idea of the movement was to create licences that were: –easy-to-use –Used current copyright law to achieve their effect –Would allow creators to share their work with the public whilst maintaining certain control over it There are now 16 million works using CC licences (wikipedia)

A centre of expertise in digital information management 10 A few Definitions… "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence) "Non-Commercial" means not primarily intended for or directed towards commercial advantage or private monetary compensation

A centre of expertise in digital information management 11 CC Baseline Rights #1 Every licence will help you –retain your copyright –announce that other people's fair use, first sale, and free expression rights are not affected by the licence Every licence requires licencees –to get your permission to do any of the things you choose to restrict e.g., make a commercial use, create a derivative work –to keep any copyright notice intact on all copies –to link to your licence from copies of the work –not to alter the terms of the licence –not to use technology to restrict other licencees' lawful uses of the work (note this includes technical protection measures)

A centre of expertise in digital information management 12 CC Baseline Rights #2 Every licence allows licencees, provided they live up to your conditions –to copy the work –to distribute it –to display or perform it publicly –to make digital public performances of it (e.g., webcasting) –to shift the work into another format as a verbatim copy Every licence –applies worldwide –lasts for the duration of the work's copyright –is not revocable

A centre of expertise in digital information management 13 CC Licence Elements Attribution: The work is made available to the public with the baseline rights, but only if the author receives proper credit Non-commercial: The work can be copied, displayed and distributed by the public, but only if these actions are for non-commercial purposes No derivative works: This licence grants baseline rights, but it does not allow derivative works to be created from the original Share-Alike: Derivative works can be created and distributed based on the original, but only if the same type of licence is used, which generates a viral licence

A centre of expertise in digital information management 14 The 6 main CC Licences byAttribution by-ncAttribution-NonCommercial by-saAttribution-ShareAlike by-ndAttribution-NoDerivs by-nc-saAttribution-NonCommercial-ShareAlike by-nc-ndAttribution-NonCommercial-NoDerivs

A centre of expertise in digital information management 15 Other Types of licence Sampling licence –Sampling –Sampling Plus: –Non-Commercial Sampling Plus Public Domain Dedication Founders Copyright Music Sharing licence Developing Nations licence Creative Commons also recommends two open source software licences for those licensing software –GNU General Public licence –GNU Lesser Public licence

A centre of expertise in digital information management 16 Licence Formats Commons deed (human readable) Legal licence (lawyer readable) RDF/XML Machine readable

A centre of expertise in digital information management 17 Licence Metadata Resource Description Framework (RDF) metadata is used in the machine readable licence Lines of code given to you with licence You can also embed metadata in RSS, Audio (MP3 and Ogg), XMP (PDF, image formats), SMIL Working on other formats For non-Web content it is suggested you embed a link to a licence information page You can embed metadata using CC tools e.g. in MP3s using ccPublisher

A centre of expertise in digital information management 18 Choosing a Licence

A centre of expertise in digital information management 19 Licence Distribution

A centre of expertise in digital information management 20 International CC CC licences originally written using an American legal model The licences were popular and adopted by users all around the world However, there was a possibility that there might be validity problems in some jurisdictions iCommons - offshoot of the licensing project dedicated to the drafting and eventual adoption of jurisdiction- specific licences –26 jurisdictions have completed licences (9/10/06) –13 jurisdictions licences are being developed –at least 70 local jurisdiction licenses expected

A centre of expertise in digital information management 21 CC United Kingdom Complexities of UK law have meant the creation of two different set of licences CC United Kingdom: England and Wales –Completed April 2005 (version 2.0) –Licence ported by Programme in Comparative Media Law and Policy at Oxford University CC United Kingdom: Scotland –Completed December 2005 (version 2.5) –Licence ported by the AHRB Centre for Studies in Intellectual Property and Technology Law at Edinburgh University Also CC Ireland – not completed yet

A centre of expertise in digital information management 22 Other CC Work Science Commons CC Conservancy - land trust for intellectual work Tools - CC Publisher, CC lookup, browser plugins Searching Weblog and mailing lists Fundraising Features on relevant artists

A centre of expertise in digital information management 23 The CC Web site

A centre of expertise in digital information management 24 CC Mailing Lists Various discussion lists including: –Community –New licences –Developing nations –Education –Business ideas –Metadata –Software development Accessible from CC Web site

A centre of expertise in digital information management 25 Accrediting Use The proper way to accredit use of CC-licensed work is to: –to keep intact any copyright notices for the Work –credit the author, licensor and/or other parties (such as a wiki or journal) in the manner they specify –the title of the Work –the Uniform Resource Identifier for the work if specified by the author and/or licensor Also provide the Uniform Resource Locator for the Creative Commons licence that applies to the work

A centre of expertise in digital information management 26 Acknowledgements Some slides in this presentation are based on those used in a presentation entitled Creative Commons written by Andrés Guadamuz and Jordan Hatcher This ppt is available at: study/index.htm Note this is where you can find information on the CC study into Licensing Solutions for the Common Information Environment

A centre of expertise in digital information management 27 Any Questions?