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cc-licenses - Re: [cc-licenses] Public Domain Mark - Invitation to Comment

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Subject: Development of Creative Commons licenses

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  • From: "Douglas Campbell" <Douglas.Campbell AT natlib.govt.nz>
  • To: <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Public Domain Mark - Invitation to Comment
  • Date: Tue, 10 Aug 2010 14:26:13 +1200

Diane,

A huge thanks to CC for their work in this area and for inviting comment.

In New Zealand we don't have the formal concept of public domain (PD) so I'm
still a little sketchy in this area. From what I can gather, a work enters
the (concept of) PD automatically when its copyright expires, and the CC0
licence allows people to simulate works entering the PD prior to the
copyright expiring.

1. Is this Public Domain Mark (PDM) to replace the existing Public Domain
Certification (PDC)?:
http://creativecommons.org/licenses/publicdomain/

2. I like that the PDM 0.7 states "no known current copyright restrictions" -
this appears to create a standard mark that could replace the various ad hoc
statements being used, eg. in Flickr Commons.

3. Ideally the PDM page would be re-written from the consumer's point of
view, like existing CC licence pages that say "you are free... under the
following conditions... with the understanding that...". The current version
0.7 is written more from the owner's point of view, which relies on the
consumer interpreting it correctly.

For example, "you should not imply endorsement" - does that mean sometimes
it's OK?? ...in which cases?? It might be better to choose one choice and
state it, eg. "under the following condition... that you do not imply
endorsement..." and "with the understanding that... this mark may be revoked
if a previously unknown but legitimate copyright owner is revealed".

4. I think non-binding use guidelines are futile. Either a work is fair game
(to be used any way the consumer desires) or it's not - it's too confusing
for consumers. I would prefer we had two marks - one with binding use
guidelines and one without.

In fact I would be reluctant to release works that have been donated in good
faith to the National Library under only non-binding use guidelines.
However, I possibly am misunderstanding what you mean by non-binding - I
think you mean 'not legally enforceable'?

The potential for 'dis-respectful' use of works is the main issue holding us
(and many other cultural heritage collecting institutions) back - the content
we release under no-known-copyright in Flickr Commons is all carefully
hand-selected as 'safe' - this is very time-consuming.

5. Related to this, I have been meaning to discuss with CC the possibility of
adding a couple of new 'flavours' to the CC mix (alongside BY, NC, SA, etc.)

5a. NE (No Endorsement) - ie. use is permitted provided the work is
respected, along the lines of the BBC's Creative Archive Licence pilot -
http://www.bbc.co.uk/creativearchive/ I think this would mean codifying some
of your PD norms and use guidelines - but I would want to be able to apply
these to non-PD works too. These may not be enforceable under copyright law,
but possibly would under property law??

5b. IR and IU (Indigenous rights Restrictions/Unrestricted) - the work is
sensitive to indigenous peoples and may be used only within certain (stated)
restrictions in context of their culture (or, this is not sensitive in the
culture so may be freely used).

I think we would be able to release a LOT more content into the CC under a
BY-NC-SA-NE-IU (or -IR) licence. :)

My suggestions for new CC flavours was going to be the follow-up post to
these two (where I tried to look at the rights issues facing cultural
heritage collecting institutions):
http://librarytechnz.natlib.govt.nz/2009/12/look-at-rights-in-cultural-heritage.html

http://librarytechnz.natlib.govt.nz/2009/12/what-is-inappropriate-re-use.html

Thanx,
Douglas Campbell
Digital Services Manager
National Library of New Zealand - Te Puna Matauranga o Aotearoa






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