[cc-community] Open Definition 2.0 released

Gisle Hannemyr gisle at ifi.uio.no
Wed Oct 8 02:23:34 EDT 2014


On 2014-10-07 20:19, Timothy Vollmer wrote:
> FYI
> https://creativecommons.org/weblog/entry/43812
> http://blog.okfn.org/2014/10/07/open-definition-v2-0-released-major-update-of-essential-standard-for-open-data-and-open-content/


Is this supposed to be a global definition?

If the answer is "yes", it bound to mislead creators.

It says:

  "Any content released under an Open Definition-conformant license
   means that *anyone* can “freely access, use, modify, and share that
   content, for any purpose, subject, at most, to requirements that
   preserve provenance and openness.” (my emphasis)

And goes on to say:

  "The CC0 Public Domain Dedication is also aligned with the Open
   Definition."

I would wish that this was true everywhere in the world.
Unfortunately, it is not.

In Norway, by law, if you publicly perform, or reproduce, materials
that are in the Public Domain (because the creator dedicated his/her
work to the public domain), you'll have to pay a /levy/ to one the
national collection agencies that oversees that particular artform
(e.g.GRAMO for music, KOPINOR for text).

Why it may sound bizarre to you, the fact is that Norwegian collection
agencies has successfully managed to get it into the law a provison
that entails that dedicating anything to the public domain anywhere
in the world effectivly transfer management of its rights /in Norway/
to the collection agency.  They can legally do this, because dedicating
stuff to the public domain means that the creator is no longer in a
postion to manage its copyright.

Having this provision in the law empowers the collection agencies to
charge for material in the public domain, thus making sure that it
is just as expensive use works in the public domain as it is to
use works they rights-manage on behalf of their members.

I know Norway is a small country, but I think we still should be
covered under "anyone".  The continued use of the CC0 CC0 Public
Domain Dedication excludes a lot of good material from the
Norwegian commons.  I guess I can do nothing to depreciate it,
be people need to be told that if they use the CC0 Public Domain
Dedication, their work will only be free to use to anyone outside
Norway.

I think people should be encouraged to dual license: CC-BY for Norway,
and CC0 for the rest of the world.  I now have a letter from the
department of culture confirming that the collection agencies are
entitled to a levy if one uses works in the public domain, but not
for those under copyright with a free culture license (i.e. CC-BY).

-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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    "Don't follow leaders // Watch the parkin' meters" - Bob Dylan


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