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Lecture given as part of the 'Policies and Practices in Access to Digital Archives: Towards a New Research and Policy Agenda' couse at the CEU summer course 2012 in budapest
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Open Content and Open DataPaul Keller, CEU Budapest, 3 July 2012
(1) copyright, content & metadata
(1) copyright, content & metadata(2) the public task & open data
copyright, content & metadata
~1850 1941
~1850 1941
~1850 1941
Cultural institutions should make public domain material digitised with public funding as widely available as possible for access and re-‐use. This should be part of the funding conditions for digitisation across Europe. (Key recommendation 1, p.5)
Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011):
Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011):... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by:
Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011):... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by:• ensuring that material in the public domain remains in the public
domain after digitisation,
Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011):... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by:• ensuring that material in the public domain remains in the public
domain after digitisation,• promoting the widest possible access to digitised public domain
material as well as the widest possible re-‐use of the material for non-‐commercial and commercial purposes
~1850 1941
knowledge ignorance
we know
we don’t know
known knowns
known unkowns
unknown knowns
unknown unknowns
knowledge ignorance
we know
we don’t know
known knowns
known unkowns
unknown knowns
unknown unknowns
Donald R. Rumsfeld
knowledge ignorance
we know
we don’t know
known knowns
known unkowns
unknown knowns
unknown unknowns
Donald R. RumsfeldSlavoj Žižek
known knowns
known unkowns
unknown knowns
unknown unknowns
rights not expired
rights expired
rightsholder known
rightsholder unknown
known unkowns
unknown knowns
unknown unknowns
rights not expired
rights expired
rightsholder known
rightsholder unknown
©
unknown knowns
unknown unknowns
rights not expired
rights expired
rightsholder known
rightsholder unknown
©public
domain
unknown unknowns
rights not expired
rights expired
rightsholder known
rightsholder unknown
©public
domain
orphan
rights not expired
rights expired
rightsholder known
rightsholder unknown
©public
domain
orphan orphans >1850 1850> public domain
Content that is under copyright (not PD)
Content that is under copyright (not PD)• For material that is still under copyright and where the author is known,
you need permission to make the work available online (in many cases also to digitize it)
Content that is under copyright (not PD)• For material that is still under copyright and where the author is known,
you need permission to make the work available online (in many cases also to digitize it)
• For material that is still under copyright and where the author is not known (or cannot be found) you still have to obtain permission -‐-‐> ‘Hostage Works’
Content that is under copyright (not PD)• For material that is still under copyright and where the author is known,
you need permission to make the work available online (in many cases also to digitize it)
• For material that is still under copyright and where the author is not known (or cannot be found) you still have to obtain permission -‐-‐> ‘Hostage Works’
• This means that you have do ‘rights clearance’ before these works can be used online.
A word on Creative Commons licenses
A word on Creative Commons licenses• They are not a tool for rights clearance! you can only use a Creative
Commons license if you are the rights holder or if you have permission from the rights holder.
A word on Creative Commons licenses• They are not a tool for rights clearance! you can only use a Creative
Commons license if you are the rights holder or if you have permission from the rights holder.
• Also you cannot apply a Creative Commons license to works that are in the public domain.
A word on Creative Commons licenses• They are not a tool for rights clearance! you can only use a Creative
Commons license if you are the rights holder or if you have permission from the rights holder.
• Also you cannot apply a Creative Commons license to works that are in the public domain.
• This means that memory institutions can generally only apply them to works/collections for whom they are the rights holder.
A word on Creative Commons licenses• They are not a tool for rights clearance! you can only use a Creative
Commons license if you are the rights holder or if you have permission from the rights holder.
• Also you cannot apply a Creative Commons license to works that are in the public domain.
• This means that memory institutions can generally only apply them to works/collections for whom they are the rights holder.
• Free CC licenses are a very powerful tool to encourage re-‐use of works in the collection of memory organizations.
copyright, content & metadata
Metadata is different!
Metadata is different! • Most metadata is not protected by copyright because it is factual data.
(and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
Metadata is different! • Most metadata is not protected by copyright because it is factual data
(and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
Metadata is different! • Most metadata is not protected by copyright because it is factual data
(and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
• When metadata is covered by copyright (for example longer, textual descriptions) the copyright generally rests with the memory organization.
Metadata is different! • Most metadata is not protected by copyright because it is factual data
(and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
• When metadata is covered by copyright (for example longer, textual descriptions) the copyright generally rests with the memory organization.
• As a result memory organizations can generally decide themselves if and under which conditions they want to make their metadata available.
Europeana Licensing Framework
Layer #1: Digital objects (on the site of the provider)
Europeana Licensing Framework
Layer #1: Digital objects (on the site of the provider)
Layer #2: Previews (lower quality versions of #1)
Europeana Licensing Framework
Layer #1: Digital objects (on the site of the provider)
Layer #2: Previews (lower quality versions of #1)
Layer #3: Metadata (descriptive information of object)
Europeana Licensing Framework
Layer #1: Digital objects (on the site of the provider)
Layer #2: Previews (lower quality versions of #1)
Layer #3: Metadata (descriptive information of object)
EDM:rights
Europeana Licensing Framework
Layer #1: Digital objects (on the site of the provider)
Layer #2: Previews (lower quality versions of #1)
Layer #3: Metadata (descriptive information of object)
Europeana Licensing Framework
copyright, content & metadata (summary)
copyright, content & metadata (summary)• It is important to ensure that Public Domain Content stays in the public
domain and is not misappropriated by memory institutions • Metadata should be made available without any restrictions.
Europeana and the DPLA set good examples here that should become the general code of conduct among all memory organizations
• We need legal instruments that allow memory institutions to make available the content in their collections available online. This will require legislative change.
the public task & open data
‘In addition we are of the opinion that public archive institutions need to be authorized to make works in their collections available online for non commercial purposes without the need to obtain
permission by the rights holders’ [position taken by the National Archive of the Netherlands in negotiations with rights holders]
main aspects of the proposal• will require not only access to public sector information but also the
free re-‐use of (almost) all publicly accessible public sector information • proposes to expand the scope of the directive to include memory
institutions: Libraries, Archives & Museums (but interestingly does not expand it to producing institutions such as public broadcasters)
question: should the scope of the PSI be expanded to memory institutions?