Development of Creative Commons licenses

[Sarah Pearson <sarah AT creativecommons.org>]

Hi Heather, 

To answer your question about whether CC BY is necessary to allow data and text mining, it depends on whether mining is prohibited by copyright law. Unfortunately, I
 think there is no hard and fast answer to that question because it likely varies by 
jurisdiction. In the U.S., mining likely falls outside copyright (either
 b/c it falls under fair use or any "copy" required is de 
minimis/fleeting), but that is not necessarily the case everywhere. 





As a general matter, CC has historically tried not to impose 
conditions on actions that are outside the scope of copyright law.  (CC licenses are built to work on top of copyright law.) Note, however, in 4.0 we are expanding the scope of the licenses to also cover database rights where those rights exist. Therefore, to the extent data mining triggers database rights (even where mining is not prohibited by copyright), applying a CC license would grant the necessary permissions. 

best,
Sarah

On Sat, Apr 7, 2012 at 12:20 PM, Heather Morrison <hgmorris AT sfu.ca> wrote:

With respect to Paul Keller's concern below,

The key phrase is "may use advertising". That is, the purpose of this
clause in my proposed new definition of noncommercial is to clarify
when advertising is considered commercial exploitation of an NC
licensed work. I am suggesting that when search and discovery services
use advertising clearly connected with their services, this should be
compatible with an NC license, where things like embedding advertising
in the content of a derivative would not be covered under NC.

Paul raises an important point which also merits discussion: Paul
asserts that we should not specify that search engines or other
discovery license to access something that is available on the
internet. This makes sense to me, and I hope that Paul is correct.

However, discussions around NC licensing and data and text mining make
me wonder whether this actually should be spelled out. There does seem
to be a popular perception out there that CC-BY is necessary to allow
for data and text mining. I don't believe that this is the case, but
would appreciate enlightenment on whether explicitly allowing data and
text mining is necessary or desirable. Note that in some cases it may
be necessary to create a copy for these purposes.

best,

Heather Morrison

On 6-Apr-12, at 1:42 PM, Paul Keller wrote:

>
> On 5 Apr 2012, at 03:29, Heather Morrison wrote:
>
>> Web-based or other discovery services that rely on advertising
>> revenue, such as search engines, may use advertising IN CONNECTION
>> WITH THEIR SERVICES in connecting searchers to this content; this
>> does
>> not constitute commercial use of the content. Advertising that
>> constitutes exploitation of the content for commercial purposes, such
>> as advertising inserted into a derivative, advertising that readers
>> are forced to watch before viewing the content, creating the
>> impression of sponsorship, or advertising that implies that the
>> creator endorses the advertised product, constitutes commercial use
>> and is prohibited by this license.
>
> i strongly oppose this. it is extremely dangerous to imply that
> search engines or other discovery services should require a license
> in order to be able to access something that is available on the
> internet. Search and discovery are essential services for the
> internet to function and should never require permission from rights
> holders (regardless of their business model).
>
> /paul
> _______________________________________________
> List info and archives at http://lists.ibiblio.org/mailman/listinfo/cc-licenses
> Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses
>
> In consideration of people subscribed to this list to participate
> in the CC licenses http://wiki.creativecommons.org/4.0 development
> process, please direct unrelated discussions to the cc-community list
> http://lists.ibiblio.org/mailman/listinfo/cc-community

_______________________________________________
List info and archives at http://lists.ibiblio.org/mailman/listinfo/cc-licenses
Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses

In consideration of people subscribed to this list to participate
in the CC licenses http://wiki.creativecommons.org/4.0 development
process, please direct unrelated discussions to the cc-community list
http://lists.ibiblio.org/mailman/listinfo/cc-community