creative commons version 4.0 and public sector information

4.0 and PSIthe same, the new, the lingering

questions

Timothy Vollmer, Creative CommonsLAPSI Final meeting, Torino, 10 July 2012

CC tools for PSI● Licensing = Australia, New Zealand, Italy,

Greece, Spain, 30+ more

● CC0 = Piemonte Regional Government, Netherlands

● Cultural institutions = Europeana (PDM), British Library

CC 3.0● some PSI publishers say can't use CC

● sui generis database rights

● license proliferation: ODC-BY, ODbL, OGL, France, Italy, EC, more?

● Question: Can CC 4.0 fix?

CC license versioning

1.0 = 20012.0 = 20052.5 = 20053.0 = 20074.0 = 2012

4.0 timeline● Sept 2011 = 4.0 kickoff Warsaw● Dec 2011 - Feb 2012 = requirements● Apr = 4.0d1● Apr - June = public comment 1● July = 4.0d2● July - Aug = public comment 2● Sept = 4.0d3● Sept - Oct = public comment 3 (porting)● by Dec 2012 = 4.0 final● http://wiki.creativecommons.org/4.0

4.0 goals● internationalization

● interoperability

● long-lasting

● data/PSI/science/education

● supporting existing adoption models and frameworks

4.0 for PSI● What's staying the same?

● What's changing?

● What are the remaining questions?

What's staying the same?general operation of the license

● CC licenses only operable where copyright and related rights exists

● terms and conditions not triggered for use covered by exceptions and limitations

● 4.0d2 working language○ "All other uses...are in no way restricted by its terms

and conditions...include uses permitted by limitation or exception to copyright...or where work or elements are in the public domain."

What's staying the same?no endorsement

● 4.0d2 working language:○ "nothing in this Public License shall

constitute or be considered a grant of permission to assert, imply or otherwise represent that You are, or that any use by You of the Work or Adaptation is, connected with, or sponsored, endorsed or granted official status by Licensor"

What's staying the same?moral rights● untouched by CC licenses

● moral rights reserved, except where necessary for licensee to exercise the licensed rights

● where that is case, waive or agree to not assert

What's staying the same?marking changes to adaptations

● 4.0d2 working language:○ "If You Share an Adaptation, You must

indicate clearly that the Work has been adapted...You may satisfy the requirements in any reasonable manner based on the medium or means used."

What's staying the same?technical protection measures

● 4.0d2 working language:○ "You may not impose any effective

technological measures on the Work that restrict the ability of a recipient of the work from You to exercise the rights granted that recipient under the terms of the License."

What's staying the same?noncommercial

● 4.0d2 working language○ "not primarily intended for or directed

towards commercial advantage or private monetary compensation"

What's changing?sui generis database rights● 3.0 = no mention, so effect is that compliance with

license conditions is not required where SGDR - but not copyright - are implicated

● 4.0d2 working language:○ "Licensor hereby grants You a license to reproduce,

distribute, perform, display, communicate and use...but only to the extent Licensor may grant such permission and the use is otherwise restricted by copyright or copyright-like rights (such as performance, broadcast, phonogram and database rights)"

What's changing?add preamble

● 4.0d2 working language:○ "This Public License does not affect third party rights

in the Licensed Work. Additionally, You are responsible for complying with other laws that may apply to use of the Licensed Work by You. Such laws may include laws governing patents, trademarks, privacy, personality and publicity rights, data protection laws, and laws protecting against fraud, misrepresentation and similar, all of which are outside the scope of this Public License."

What's changing?attribution

● 3.0 language:○ name of author○ name of parties designated by licensor○ title of work○ copyright notice○ URI to work○ URI to license○ notices, disclaimers, warranties

What's changing?attribution (continued)

● what if we strip it down?○ author○ URI to work○ URI to license

● URI shortcuts? ● all attribution requirements subject to

reasonableness language

What's changing?privileges and immunities

● 3.0 = no language● 4.0d2 working language:

○ "Nothing in this Public License constitutes or may be interpreted as a limitation upon or waiver of any privileges and immunities from the legal process or any jurisdiction or authority that may apply to Licensor or You."

What are the remaining questions?

share-alike trigger

● 3.0 = collections containing SA works don't have to be SA

● 4.0 question = collections with SA works will be SA (without infecting other works)

● alignment with GPL?● expand, never contract, SA

What are the remaining questions?

attribution RE: text mining

● issues:○ ambiguous legal issue○ want to avoid attribution stacking

● address with increased flexibility in 4.0 attribution○ URI shortcuts?○ all attribution requirements subject to

reasonableness language

What are the remaining questions?

allowing licensor to add terms● consumer laws that require specific forms of

disclaimers of warranties and liabilities● allow licensors to add more specificity

around disclaimers? ● another case: alternative dispute resolution

for IGOs● problems = custom CC licenses, values

unaligned with CC, etc.● what do you think?

What are the remaining questions?

cure breach/provisional reinstatement

● some violations unintentional● in GPL, if you violate the license but later fix

it, you get your rights back under the license● CC licenses don't allow for this● logical fix

What are the remaining questions?

porting

● public discussion coming up● now 70 jurisdiction ports● complex, long time/lag, high cost, variance in

expertise of affiliates● litigation has relied on unported● GPL not ported to jurisdictions● important community building and adoption

vehicle?

Thank youQuestions?

Timothy Vollmertvol@creativecommons.orgTwitter = tvol

This work is dedicated to the public domain. https://creativecommons.org/publicdomain/zero/1.0/.Attribution is optional, but if desired, please attribute to Creative Commons.