Aggregation and Dissemination of Collective Cultural Works PNC 2010 Annual Conference December 1-3, 2010 Tyng-Ruey Chuang （莊庭瑞） Institute of Information Science, and Research Center for Information Technology Innovation Academia Sinica

Outline Public Licensing Content Hosting Services Collective Cultural Works Are Public Licenses Alone Sufficient?

Public Licensing Rights to use a work are granted to the public in advance with a written agreement –the public are free to make copies, for example The agreement (license) is worldwide, royalty- free, non-exclusive, and irrevocable Some pre-conditions may apply –such as attribution, not commercial usage, or allowing only verbatim copy Public licenses are not necessarily “open” –licenses may restrict reuse and redistribution

Popular Public Licenses GNU General Public License GNU Free Documentation License BSD License Creative Commons (CC) Licenses –CC Attribution (CC BY) –CC Attribution — ShareAlike (CC BY-SA)

Creative Commons Licenses

Content Hosting Services Services that maintain contents for their users –Sources of user-generated contents –Communities of content generators Hosted contents can be CC-licensed –Licensing information as searchable metadata –E.g., Flickr, Soundcloud, Vimeo, Slideshare, etc. Popular services are shaping user practices –Regulations on content circulation; norms of content production, consumption, and sharing –Many service providers are for-profit entities

flickrCC ( flickrcc.bluemountains.net )

Terms of Service (ToS) ToS are the rules to which the users must agree in order to use the service –quality of service –acceptable user behavior –copyright issues –personal data –(no) warranty Service providers can change ToS anytime and without notice to the users ToS may compete with pubic licenses

Where are my originals?

What do I get with a Pro account? Unlimited storage Unlimited bandwidth Archiving of high-resolution original images Ad-free browsing and sharing Compare that to what you get with a Free Account: Only smaller (resized) images accessible (though the originals are saved in case you upgrade later) Flickr FAQ:

Must you register and login to that site just to download my CC-licensed works?

Uploading others’ CC-licensed works? ↑bobchao’s original (CC BY-SA) ↓trc’s derivative (CC BY-SA)

Yahoo! ToS: … However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo! Services, you grant Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as applicable: … CC BY-SA: … You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. …

CC-licensed? Nobody knows anymore! Flickr borkers an exclusive Getty Images agency deal for you, even for your CC-licensed photos. Getty Images' FAQ, "... if we do select an image that is available under a Creative Commons license, it will automatically be changed to All Rights Reserved on Flickr and from then on you must observe the exclusivity obligations...”. Flickr's FAQ, "... if you proceed with your submission, switching your license to All Rights Reserved (on Flickr) will happen automatically”.

What is in that ToS for me? In ToS, the service provider set conditions to which I must agree before I can start to upload/download contents. With public licenses (such as the CC licenses), I grant to the public some rights to use my contents (and vice versa). Service providers may not care what I intend to achieve with the public licenses (even if they offer to mark my contents CC-licensed). ToS is the only agreement between me and the service provider.

Collective Cultural Works Types of collectiveness –Collections of Individual Works (Flickr) –Collaborative Works (Wikipedia) Kinds of usage –Access (experiencing; Youtube) –Copy (downloading; Scribd) –Remix (down-/up-loading; ccMixter) Ways of aggregation and dissemination –Hosted (large-sized; constant updating; communal sharing or “walled garden”?) –Free Floating (small-sized; personal/internal use)

Collaborative Works –works created and used by multiple members –member composition is fluid and indefinite –materials contributed by collaborators and/or taken from other sources –the outcome is of high social and/or economic value Who own the rights to the outcome of a collaboration?

Collaborative Works + Public Licenses Who can use the outcome? How to start a collaboration? All participants agree to a particular public license for the outcome of their collaboration –whoever agrees to the license can participate –the right to make modifications, and the obligation to share the modifications likewise

Copyright your tweets? Check out 1.status.net by Jon Phillips!

Public Licensing Revisited What are public licenses for? (Shunling Chen) –expressing individual good-faiths –maintaining collective boundaries Individual good-faiths can be divided and compromised (e.g, by service providers’ ToS) Collective boundaries can be deliberated and enforced (e.g., the Debian Social Contract) Are public licenses alone sufficient to achieve a cultural commons? –“My photos in Facebook are CC-licensed.” What does this mean?