What is an open license?

(Creative Commons or other)

By Creative Commons Aotearoa New Zealand with support from InternetNZ

"Some rights reserved"

Why should I apply an open license? 

What's wrong with traditional copyright? 

• lack of uniform rules
• tendence towards maximalisation: very long protection time for (c) works
• net neutrality debate
• Digital Rights Management
• 'status unclear: public domain works remain de facto inaccessible
• patent trolling

GIF: https://gswoblog.org/tag/research/

Open licenses : 'a patch for a broken copyright system'

• make clear from the start what can and cannot be done with your work ('some rights reserved')
• remove legal uncertainty for the (re)user
• removes the necessity to arrange permissions on individual basis
• have a legal basis to react against copyright infringement

If you are the rights holder, applying an open license allows you to: 

If you make it clear from the start what can be done with your work ...

• access
• attribution
• re-use
• modification
• commercial use
• ...

Open Licenses: not only Creative Commons

• Open Database License (ODbL) ​https://opendatacommons.org/
• GNU General Public License (GNU GPL or GPL) https://www.gnu.org/licenses/gpl.html
• European Union Public Licence (EUPL) https://joinup.ec.europa.eu/collection/eupl/eupl-guidelines-faq-infographics​
• Mozilla Public License (MPL) https://www.mozilla.org/en-US/MPL/
• CERN Open Hardware Licence (OHL or CERN OHL) https://www.ohwr.org/projects/cernohl/wiki
• ...

Examples

• Beware of 'license proliferation': many different licenses can complicate interoperability
• not every open license is applicable everywhere
• not every licence is suitable for every content type
  • Text and images: CC, CC0, ...
  • Databases: CC BY, CC0, ODBL, ...
  • Software: GNU, ...
  • Hardware: CERN, TAPR, ...

How does CC work?

A Creative Commons license (or public domain tool)  is universally recognisable, juridically sound, easily applicable and leaves the user in no doubt about the intentions of the author.

CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”

Three layers:

• Machine Readable
• Human Readable
• Legal Code

Legal Code

• juridical basis
• "version 4.0"
• created by CC Legal Team + input from communities worldwide
• available in your language
• universally applicable

Human Readable

• summary or 'deed'
• this is what you link to
• available in your language

Machine Readable

• make it easy for "the Web" to know when a work is available under a Creative Commons license
• important for platforms and search engines

BY

• You are free to:

  • Share — copy and redistribute the material in any medium or format

  • Adapt — remix, transform, and build upon the material

  • for any purpose, even commercially

• Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made

  • You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

SA (ShareAlike)

• Same conditions as CC BY, plus:

  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

NC (Non Commercial)

•  Same conditions as CC BY, plus:
  • NonCommercial — You may not use the material for commercial purposes

ND

(No Derivatives)

•  Same conditions as CC BY, plus:
  • NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.

Six Licenses

Adding a CC license to your work

http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0126589

Make it easy for others to cite you 

Citing CC licensed content

a little common sense goes a long way!

• attribution (BY) is obligatory: name of the author and name of the work (if available)
• link to the original source
• mention and link to the license/(c) status (You don't need to  credit Public Domain works) 
• mention if you remix/adapt/modify/translate, link to the original version of the work

Accident ! by clement127 found on Flickr (CC BY-NC-ND 4.0)

• "Seagull", Instagram
• "Seagull at Niagara Falls", (c) Gwen Franck
• "Seagull at Niagara Falls", (c) instagram
• "Seagull at Niagara Falls", by Gwen Franck
• "Seagull at Niagara Falls", Gwen Franck, CC BY

• Picture found on Flickr
• 'I am so confused' (c) Creative Commons
• 'I am so confused' by Ian Sane
• CC BY 2.0 
• 'I am so confused' (c) Flickr

Finding openly licensed content

• https://ccsearch.creativecommons.org/
• Use the 'advanced' settings of your browser 
• Use the 'filter' function on your platform 
• Wikimedia Commons, TED, DOAJ, Soundcloud, ... 

https://stateof.creativecommons.org/

"Caution Tape" by Eugene Zemlyanskiy on Flickr CC BY 2.0 

• An open license is a tool, not a silver bullet: It cannot fix bad science.
• Correct citation is essential to conduct scientific research
• Incorrect citation and use of open licensed  materials is not only bad science, it is a copyright infringement
• If you license your own work openly, you have a legal basis to demand that you are cited correctly 

Don't forget:

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright.

https://creativecommons.org/faq/#How_do_CC_licenses_operate.3F

Using and citing public domain works

• Status can be indicated explicitly (CC0, CC PD)
• Can be assumed (although this requires a certain level of knowledge) when
  • the (c) protection term has ended
  • the material is not copyrightable in the first place
  • useful tool: http://outofcopyright.eu/ 
• Beware of  copyfraud: do not 'close' materials that are in the public domain
• You are not legally obligated to cite works in the Public domain but:
  • It's nice to do so in any case!
  • For scientific research: reusing materials, regardless of copyright status, without proper attribution is bad science

Cooper-Hewitt's Collection Database, licensed under CC0 on Github

"In order to reduce any uncertainty about the 'legitimate uses' of this dataset, Cooper-Hewitt has licensed this release under a Creative Commons Zero (CC0) license. This license is the most permissive available and allows for all types of reuse"

https://lizenzhinweisgenerator.de/?lang=en

Public Domain

("the commons")

What can and cannot be copyrighted can differ per jurisdiction! 

• We need to talk about databases (but not now) 
• Copyright 'treshold' can vary
• Copyright reform debate (https://www.communia-association.org/) 

https://www.deutsche-digitale-bibliothek.de/content/ueber-uns/aktuelles/bereit-zu-teilen

What does it mean to put work in the commons?

"Traditional" copyright

• automatically
• "protects" for x amount of time
• conditions (variable)
• exceptions possible
• current laws: not adapted to digital age

Open Licensing

• rights holder determines beforehand what can and cannot happen with the work
• aim: facilitating re-use
• conditions may apply
• no need to ask permission for re-use (when conditions are respected)

Create

• make your work (and its metadata) online available
• use open formats and standards
• use an open license
• be clear and unambiguous about re-use conditions
• cite and acknowledge your own sources
• make use of the augmented versions of your work

Access

• cite and acknowledge the creator
• respect license conditions
• make any augmentations or adaptations openly available
• look for open source alternatives
• support designers and makers financially if possible

Re-use

• permission needed when all rights reserved
• unconditional when in the public domain
• conditional when the work is openly licensed
• grey zone for works that have no known ownership but are 'available'

Going Open? Not for me!

aka common misunderstandings about the digital commons

I am not giving away my work for free!

Somebody else will steal my idea!

I want to control re-use of my work

It is not safe, I'm the only one who knows how my design works

• It is not an 'all or nothing' situation:
  • some parts of your business can be  (c) based while other parts can be openly licensed
    • content
    • workflow
    • business model
  • different types of open licenses regulating
    • commercial re-use
    • modification
    • 'copyleft'
  • flexible in time: open licensing the original content is irrevocable, but as rightsholder you can always create a 'closed' version or service on top

Advantages of going open

VISIBILITY

make your work known globally

timestamp

see what happens with your work

generate traffic

BOOST INNOVATION

open = easy and quick access for the brightest minds around the world

'first mover advantage'

MAKE MONEY

first mover advantage

new forms of revenue

boost research and development

increase traffic

DESIGN GLOBAL - PRODUCE LOCAL

benefit from worldwide creativity

support local makers

IMPROVE PORTFOLIO

take advantage of global input and re-use of your work

connect with likeminded people worldwide

SAVE MONEY

transaction fees

promotion/marketing

production costs

market research

COMMUNITY BENEFITS

going open makes it easier for like-minded communities accross the globe to connect and share their resources

SOCIETY BENEFITS

providing quick and free access can boost research into societal issues

level the playing field

'corporate social responsibility'

EXAMPLES

Blender

• 3D creation suite
• openly licensed, all types of reuse allowed for free
• community of users and developers improve the product
• accept donations

https://www.blender.org

https://www.metmuseum.org/about-the-met/policies-and-documents/open-access

Metropolitan Museum of Art

All public domain works and all metadata (both PD works and works under (c) are made available under a CC0 license

Increase in downloads: 64%

Increase in Wikipedia articles using Met content: 500%

Wikimedia

• openly licensed and public domain content only
• re-use: free but conditional: attribution and open licensing (when original is (c) ) 

https://wikimediafoundation.org

The Noun Project

• Icons and logo's
• Free reuse: attribution required
• Freemium model - unlimited royalty free access
• Creator of icon retains copyright

https://thenounproject.com

Freesewing

• an open source platform for made-to-measure sewing patterns
• all patterns, docs, API are openly available and adaptable

https://freesewing.org/

Wikihouse

• (a.o.) tool library for open source house designs

https://wikihouse.cc

See also:

• https://www.openbuildinginstitute.org/
• http://volcanoecolab.org/project/

Android

• largest mobile operating system in the world
• source code is open, even for competitors

https://www.android.com/everyone/enabling-opportunity/#creating-choices

Arduino

• microcontrollers
• open source hardware and software
• readymades are available commercially

https://www.arduino.cc
Image: By Matt Biddulph (Flickr: A hand-soldered Arduino) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

OpenDesk

• locally made furniture based on digitally available open designs
• platform, maker and designer get fee when a product gets made

https://www.opendesk.cc

Roden

• bike designs
• can be adapted to your own needs
• available under a CC BY-SA 4.0 license
• adaptations must be shared under the same license

https://www.roden.com.ar

Farmhack

• (a.o.) tool library for open source farming tools

TESLA

• TESLA puts its car designs as open source and files as little patents as possible (although some say this is not true)
• Elon Musk cites environmental concerns - Tesla can't keep up production in order to ensure

https://www.tesla.com/blog/all-our-patent-are-belong-you