What is Wrong with Copyright Law and How CC Can HelpSarah Hinchliff PearsonSenior Counsel, Creative CommonsApril 2012

My dad.Not a lawyer.

law = reasonable

(c) law ≠ reasonable

This is a problem.

The plan.

The problem with (c).

Enter CC. (the history)

Creative Commons 101.

CC advanced. (the inside scoop)

Why CC? For libraries & academic institutions.

The problem with (c).

(c) basics -

exclusive rights to authors

covers original expression

granted automatically

lasts forever (more or less)

hint: it is in the U.S. Constitution

pop quiz:what is the purpose of

(c)?

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors

and Inventors the exclusive Right to their respective Writings and Discoveries.

But (c) law ≠ reasonable

why?

technology

increased freedom

law

increased control

Technology changed us.

Sometimes sharing is good.(my puppy)

Sometimes not.(bonus if you can figure out which one is me)

New freedoms. New creativity.

Meanwhile, (c) law says the same rules apply.

unregulated by (c)

unregulated uses > regulated uses

Photo from Flickr Author: U.S. Navy, taken by Mate 2nd Class H. Dwain WillisPublic domain

online,“use” = copy

regulated by (c)

unregulated uses < regulated uses

Photo from FlickrAuthor: Per Palmkvist KnudsenLicensed CC BY-SA 3.0 Unported

More freedom enabled by technology. More control imposed by (c) law.

(c) law ≠ reasonable

the bright side!There are built-in safeguards.

Fair use

Thank you, 1st Amendment!

But fair use has limits.

It has limited scope.

It can be restricted via contract/license.

It can be risky.

Fair use is not enough.

Enter(the history)

Larry.

Photo from Flickr.Author: DTKindler Photo.Licensed CC-BY 2.0 Unported.

Sonny Bono Copyright Term Extension Act

(CTEA)

“limited times”

(c) lasts…14 years, renewable once

28 years, renewable for 14

28 years, renewable for 28

forever?

life of author + 70 years

Larry & others believed the CTEA was bad policy.

Why?

Creativity does not come out of thin air.

(c)’s end is important.

Purpose of (c) is written in the Constitution.

The argument was simple.

Larry meets Eldred.

Eldred v. Ashcroft

Total defeat.

Enter CC.Born December 16, 2002.

The idea.

Give authors options.

Voluntary approach.

Accessible to non-lawyers.

Free.

The vision.

Realizing the full potential of the Internet – universal access to research and education, full participation in culture – to drive a new era of development, growth, and productivity.

The means.

Developing, supporting, and stewarding legal and technical infrastructure that maximizes digital creativity, sharing, and innovation.

Not against (c).

Today, CC is global.100+ affiliates in more than 70 jurisdictions.

Creative Commons 101.The big picture.

The elevator pitch.

Alternative approach to “all rights reserved.”

Keep copyright but grant some permissions in advance.

Not one size fits all.

Provides a cushion

Applicable worldwide

+ fair use

No lawyers necessary

Broadens scope of reuse

No lawyers necessary

+ public domain

Applicable worldwide

So how does it work?

Four conditions. Six licenses.

Public domain tools

CC0 (read: zero)

Public domain dedication

Legal waiver of rights

Public Domain Mark

Label to mark public domain works

No legal effect

legal code“lawyer-readable”

Drag picture to placeholder or click icon to add

commons deed“human-readable”

“machine-readable”

metadata

<span xmlns:cc="

http://creativecommons.org/ns#

" xmlns:dc="http://purl.org/dc/ele

ments/1.1/">

<span rel="dc:type" href="

http://purl.org/dc/dcmitype/Text"

property="dc:title">My Photo

</span> by <a rel="cc:attributi

onURL" property="cc:attributionName"

href="http://joi.ito.com/my_phot

o">Joi Ito</a>

is licensed under a

<a rel="license" href="http://c

reativecommons.org/licenses

/by/3.0/">Creative Commons

Attribution 3.0 License</a>.

400+ million CC-licensed objects online.

Culture

Galleries, Libraries, Archives, Museums

(“GLAM”)

EuropeanaEurope’s digital library, archive and museum.

Education

Government

Science.

Policy level.

CC advanced.The inside scoop.

The license suite.

Attribution (“BY”)

Required by all six licenses.

The options.

Commercial use?

Derivatives?

Derivatives under identical terms?

NonCommercial (“NC”)Work may not be used “in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.”

NoDerivs (“ND”)Share “as is” only.

ShareAlike (“SA”)Viral condition.

Attribution license.

Can use for any purpose.

Attribution-ShareAlike license.

Can use for any purpose.

All derivatives require same license.

“open” licenses Attribution

Attribution-ShareAlike

Attribution-NoDerivs license.

Verbatim copies only.

Can use for any purpose.

Attribution-NonCommercial license.

NonCommercial purposes only.

Attribution-NonCommercial-

ShareAlike license.

NonCommercial purposes only.

All derivatives require same license.

Attribution-NonCommercial-NoDerivs license.

Verbatim copies only

NonCommercial use only.

Anatomy of a license.The guts of the legal code.

Creative Commons is not a party to the

license.

license scope = (c)

non-revocable (unless breached)

non-exclusive

reps/warranties = none

license follows the work

original

derivative

other rights Owned by licensor

publicity/privacy

patent

trademark

trade secrets

database rights (but see v.4)

Owned by third parties

copyright et al.

CC licenses have been enforced in court.

Why CC? For libraries and academic institutions.

Break down technical barriers.Enable access.

Break down language barriers.Enable translation.

Allow customization.

Emphasize attribution.

Credit.

Reputation.

ProvenanceIn the U.S., we can not rely on moral rights for this.

Practical reasons are important, too.

So what license do I choose?

Photo from Flickr

Author: Andrés Þór.

Licensed CC-BY-NC-SA 2.0 Unported.

CC0 for data.

(c) is not a good fit

no interoperability problems

can still receive credit

For purely factual data, public domain is the best choice.

CC BY for everything else.

good fit with (c)

minimal interoperability problems

maximum reuse & dissemination

May want to legally require attribution as a baseline.

Deciding how to licenseOne example: The University of Michigan Library

Before you license…

Make sure you have the rights.

Consider granting extra permissions.

Choose conditions.

Mark all third party content.

The photo X is © 2009 Jane Park, used under a Creative Commons Attribution-Noncommercial license: http://creativecommons.org/licenses/by-nc/3.0/.

When you use CC material…

Comply with conditions.

Attribute.

This is a Finnish translation of "My Awesome Report" © 2009 by Greg Grossmeier, used

under a Creative Commons Attribution-ShareAlike license:

http://creativecommons.org/licenses/by-sa/3.0/

.

When you use CC material…

Comply with conditions.

Attribute.

Check for third party content.

Clear additional rights.

Remember no reps/warranties.

Mark appropriately when you publish.

Where do I find it?

Thanks!

slideshow licensed CC BY 3.0, except where marked or as noted below

All screenshots used pursuant to the fair use doctrine and not subject to the CC license.

All logos used for descriptive purposes and are not subject to the CC license.

Photo on slide 14 used pursuant to the fair use doctrine and not subject to the CC license.