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Legal Aspects of UGC & Crowdsourcing
Julia Fallon, IPR & Policy Advisor, Europeana Foundation
LFF Seminar ‘Mind the Gap’, Odense, Denmark
21st January 2015
Enumerate report
EU Public Consultation on © rules :
Establishing a consensus for mutual benefit
The super-short summary is that we
advocate for:
• harmonised and flexible copyright
laws that broaden and unify the
current limitations and exceptions,
• lowering the barriers of use for
educational purposes,
• clarifying the laws on text and
data mining,
• and last but not least, we make a
case for a reduction in the term of
copyright and for some kind of
registration system for copyright.
UGC: defining the rules
I manage the service: I want to allow authors and
users to share and reuse content and metadata
I’m an author: I want to share content and
metadata…
I’m a user: I want to share and use content and
metadata…
UGC: Three different perspectives
translated into requirements
Terms from the contributors perspective:
ownership, attribution
Are you the owner of the content or metadata?
Are you using embedded works?
Should the work be attributed?
Shared
Sometimes
Sole 3rd Party
Yes
Always
No
Never
Terms from the contributors perspective:
ownership, attribution
Are you the owner of the content or metadata?
SharedSole 3rd Party
You give permission for
access and reuseHave all of the authors been
identified and have given
permission for access & reuse?
Has the third party given
permission for access &
reuse?
Terms from the contributors perspective:
ownership, attribution
Are you using embedded works?
Yes No
Do you have the right to use and share the embedded work? You do not need to do
anything to share your
work
Terms from the contributors perspective:
ownership, attribution
Should the work be attributed?
SometimesAlways Never
Every contribution (content or
metadata) should be attributed
when reused
Only content (or metadata) needs
to be attributed when reused
I don’t require any
contribution to be
attributed
UGC: The user perspective
Terms from the user perspective: rights
of reuse
Can I reuse the work?
Can I modify the work?
What are my rights in the works I modify?
Sometimes
Unclear
Yes No
SometimesYes
Ownership
No
User
Terms from the user perspective: rights
of reuse
Can I reuse the work?
SometimesYes No
Yes
Yes
Great! Where can I find the terms and conditions?
Can I share it on Facebook?
Can I use it commercially?
Oh. That’s disappointing!
Terms from the user perspective: rights
of reuse
Can I modify the work?
SometimesYes No
Yes
Yes
Great! Where can I find the terms and conditions?Oh. That’s disappointing!
Terms from the user perspective: rights
of reuse
What are my rights in the works that I modify?
UnclearCreator User
Yes
Yes
You have created an
entire new work
You are the rights
holder
You have made minor
edits to an existing
work
You must abide by the
terms set by the rights
holder
UGC: The organisation perspective
General terms from the service provider
perspective: moderation, removal, privacy
Will I moderate submissions?
Should I be able to remove works?
Should I protect users privacy?
Sometimes
Sometimes
Always Never
SometimesYes
Yes
No
Never
General terms from the service provider
perspective: moderation, removal, privacy
Will I moderate submissions?
SometimesAlways Never
Yes
Yes
Have you clear
guidelines on what is
acceptable?
Do everything consistently!
General terms from the service provider
perspective: moderation, removal, privacy
Should I be able to remove works?
SometimesYes No
Yes
Yes
Have you clear guidelines
on when content or
metadata should be
removed?
Do everything consistently!
General terms from the service provider
perspective: moderation, removal, privacy
Should I protect users privacy?
SometimesYes
Never
Yes
Yes
Do everything consistently!Have you clearly
explained what you will
protect and your users
rights?
Food for thought….
Thank you!
#AllezCulture!
Questions?
Julia Fallon
Europeana Foundation
@Julia_Fallon @[email protected]
