3D-ICONS - D7.2: Report on IPR Scheme

I C O N S
3D Digitisation of Icons of European Architectural and Archaeological Heritage
D7.2: Report on IPR Scheme
3D ICONS is funded by the European Commission’s
ICT Policy Support Programme
Authors:
Mike Spearman (CMC)
Sharyn Emslie (CMC)
Paul O’Sullivan (CMC)

Revision History
Rev. Date Author Org. Description
0.1 22/10/2012 M Spearman
& S Emslie
CMC First draft for review and
discussion
0.2 22/10/2012 K Fernie MDR Comments on Europeana and IPR
0.3 31/10/2012 S Bassett MDR Editorial corrections
0.4 02/11/2012 M Spearman CMC Final additions and amendments
0.5 02/11/2012 S. Bassett MDR Executive Summary added
1.1 26/07/2013 P O'Sullivan,
M Spearman &
S Emslie
CMC First draft of D7.2
1.2 19/08/2013 S Bassett MDR First Review
1.3 29/08/2013 A D’Andrea,
R. Fattovich
CISA Editorial corrections to Section 6
1.4 30/08/2013 S Bassett MDR Final review and edits.
Revision: 1.1
Authors:
Mike Spearman (CMC)
Sharyn Emslie (CMC)
Paul O'Sullivan (CMC)
Statement of originality:
This deliverable contains original unpublished work except where clearly indicated
otherwise. Acknowledgement of previously published material and of the work of
others has been made through appropriate citation, quotation or both.
3D-ICONS is a project funded under the European Commission’s ICT Policy Support
Programme, project no. 297194.
The views and opinions expressed in this presentation are the sole responsibility of the
authors and do not necessarily reflect the views of the European Commission.

Table of Contents
EXECUTIVE SUMMARY 4
Introduction to D7.2 4
PART 1: REQUIREMENT ANALYSIS FOR 3D-ICONS PARTNERS 7
1.1 Access Agreement (between Content Providers and Imaging Partners) 9
1.2 Metadata Agreement (As required by Europeana) 9
1.3 Derivatives Agreements (between Imaging and Development Partners) 10
1.4 Public Use Agreements (between creators and distributors of visualisation models) 10
1.5 Commercial Agreements (between Sales and Development Partners and others) 11
PART 2: INTERNATIONAL PARALLELS AND SOLUTIONS 13
2.1 EU Directives relating to IPR 13
2.2 World Intellectual Property Organization 14
2.3 GPL, GFDL and Copyleft 14
2.4 BSD-3 and FreeBSD 15
2.5 CeCILL 15
2.6 License versus Contract 15
2.7 Other useful web sites 15
PART 3: IPR AND CREATIVE COMMONS 17
PART 4: CURRENT PRACTICE AND PROPOSALS FOR MANAGING IPR WITHIN 3D-ICONS: 18
4.1 Current Practices 18
4.2 Standardising our Approach to IPR 20
PART 5: DIGITISATION GUIDELINES – D2.1 23
PART 6: EUROPEANA AND METADATA 25
6.1 The Europeana Data Exchange Agreement 25
6.2 The CARARE 2.0 Metadata Schema 25
6.3 Current mappings for CARARE 2.0 IPR expression in EDM 27
APPENDIX 1 – CREATIVE COMMONS LICENSES 29
The Creative Commons Licenses 29
APPENDIX 2 – EUROPEANA DATA EXCHANGE AGREEMENT (DEA) 31
D7.2 Report on IPR Scheme 3

Executive Summary
This deliverable presents proposals for the management of IPR for 3D models to the 3D-ICONS
consortium. These proposals are being evaluated and tested on an ongoing basis by the Partners of
3D-ICONS as a model for IPR management in the cultural heritage and public domain.
The deliverable is presented in six sections. Part 1 looks at the requirements of the 3D-ICONS
partners based upon their diverse legal environments and normal conditions of work. Part 2
provides some examples of different approaches used in the creation of IPR and the associated
legalities but, given the considerable complexity of this subject, the issues are only discussed from a
content developer’s point of view. Since use of the Creative Commons is a recommended approach
and is used by Europeana, Part 3 provides an overview of the CC licensing framework. Part 4
presents the results of two IPR surveys completed by the content providers and suggests that the
Creative Commons, Attribution, Non-commercial, No Derivatives (CC-BY-NC-ND) license be
used as a starting point by the partners. Part 5 focuses on aligning the IPR aspects with the
Guidelines being produced by Work Package 2. Finally, Part 6 looks at the end of process,
Europeana, and the implications for the metadata being supplied by 3D-ICONS. As the CARARE
Schema and technical infrastructure will be used to supply metadata to Europeana, attention is
drawn to the data requirements and IPR management requirements.
Please note that the US spelling of license has been used throughout this report to improve
consistency and clarity.
Introduction to D7.2
Following on from the preliminary report on our IPR Scheme, D7.1, we further investigated the
particular practices of each of the project Partners. The common ground outlined in that earlier
document served as an ideal platform from which to base several discussions. The outcome of these
discussions directed the drafting of a second survey enabling each member to present their own
experiences in a common format.
Feedback from this second survey demonstrated the diverse range of licensing arrangements that
have grown up organically between Partners and the heritage institutions with which they worked.
Many Partners have had to develop in the past their own, more or less rigorous, procedures for
documenting IPR, and so were, at an operational level, happy to adopt and take on board
appropriate element and guidance from the 3D-ICONS IPR Scheme. However, as is often the case
when legal issues with national variations are discussed, the adoption of a standard IPR Scheme by
different organisations (Partners and non-Partners of 3D-ICONS) now proceeds at different speeds
while various institutions take local legal advice. While the sense of our Scheme has been widely

accepted, individual partner faces differing challenges as they strive to adopt a wider and more
detailed approach to IPR and many have found it easier to continue to ‘grow’ their existing policies
rather than starting afresh.
Understandably the primary concern for many institutions (Partners and non-Partners) is that they
would lose commercial rights to the data. We also found that the real costs of adding value to 3D
data is very poorly understood making effective economic planning and management of IPR for
commercial and non-commercial use all the more difficult. It is very clear that one of the major
achievements of 3D-ICONS will be the provision to a wide range of Content Providers of working
and practical examples of how the activity chain (Fig. 1 below) and IPR works in practice.
Distinctions between content data and metadata were also sometimes lost on content providers,
resulting in cases where the rights granted to view, use and add value to data became very
restrictive.
Hence, while the metadata requirements of Europeana do not interfere with subsequent
commercialisation of content by the rights holder(s), it has at times been difficult to make the
distinction between data and metadata to content providers. All relevant 3D-ICONS Partners have
however, now been able to sign up to Europeana’s Date Exchange Agreement (DEA).
Significant progress has therefore been made in furthering understanding of the need for IPR
management and the benefits gained by establishing a common framework. The 3D-ICONS IPR
Scheme identifies many of the key copyright challenges faced by all parties involved in the process
of capturing, processing, developing and presenting digital content. It is clear, however, that this is a
difficult road for many involved in the heritage sector across Europe. There are subtle local issues,
but broadly speaking there are two main IPR challenges facing the Partners:
• Collating suitable metadata with an appropriate (Creative Commons CC0) licensing
structure for submission to Europeana, and
• Understanding the complex IPR policies involved in the production of 3D models, including
publically accessible but locked down ‘3D-thumbnails’.
At first these may seem exclusive – but in practice Content Partners see this as one issue. Moreover,
due to the cost associated with acquiring quality data, and the significant additional investment
required to present monuments in a publicly consumable fashion, the action of scanning Europe's
heritage will almost certainly require private investment and therefore commercially robust license
structures.

Creative Commons allows for commercial enterprise to place content in the public domain while
retaining ownership. Developing this structure enables institutions to support Europeana with
content and capitalise on their digital assets. This is a key component in establishing an IPR
framework, only by supporting a commercial avenue will Heritage Institutions be capable of
funding future digitisation projects.
When establishing access agreements with Content Providers project Partners now attempt to
provide clear documentation detailing the nature of the metadata and optional thumbnails required
by 3D-ICONS and, in due course, Europeana.
The issues and complexities relating to IPR are not new. Recent progress with the updated EU
Directive on the Re-use of Public Sector Information and similar programmes dealing with
photographic materials in Europeana highlight not only the importance of this issue but also its
scope. In order to support the Commission’s goal to encourage more institutions to supply metadata
and link on-line repositories to Europeana, a standardised IPR strategy must be adopted.

Part 1: Requirement Analysis for 3D-ICONS Partners
One of the principle purposes of developing the 3D-ICONS IPR Scheme is to help establish best
practice in the management of IPR by Consortium Partners and their Content Providers. As Partners
will be responsible for creating and/or adding value to content from others, it is essential that we
strive to identify and manage IPR within the Project as a whole. We will then be able to make 3D-Entities
and sets of 3D-Details1 of their own or combined work publicly available via Europeana2.
After consulting with Partners and Content Providers, it is clear that the creation and management
of IPR is neither a simple or nor a naturally understood process for those involved. National and
institutional variations abound. It is very necessary, therefore, to focus on the core processes of the
Project in order to identify the rights that we need to manage.
Our common objective is to place 3D-Entities and related 3D-Details with the appropriate metadata
in a position both physical and legal where they can be accessed by the public via Europeana and
other portals.
The most likely legal framework under which key elements of this work will be undertaken and
certainly delivered to the public is that provided by the Creative Commons license structure.
For some sense of the diversity and range of people and organisations involved in creating 3D-Entities
may be apparent from the chart Figure 1: Activity Chain.
The creative process involved in this Activity Chain results in the generation of Intellectual Property
Rights (IPR). It is significant that the later phases in the Activity Chain (Processes 5 & 6) are far
more specialised and creative than the earlier phases which are dominated by controlled access
rights (not IPR) and relatively automated processes of factual recording. Consequently, it is the later
processes of model generation and post processing of models that require greatest investment and
also generate the most clearly documented IPR. This is important in terms of recognising that while
the Content Providers may control access, it is the later processes that have the highest costs and
greatest IPR.
1 The definition of 3D-Enities and 3D-Details used here follows the Digitisation Planning Report Guidelines (D2.1)
2 Please refer to the specific guidelines for the submission of metadata to Europeana section 1.2

Although not yet standardised, some of the key agreements in our own 3D-ICONS production
process are already known.
1.1 Access Agreement (between Content Providers and Imaging
Partners)
Where Partners in 3D-ICONS undertake their own capture of 3D data on a monument or artefact,
this is normally undertaken under a specific access agreement. This is a separate matter from IPR
but is nevertheless a crucial element in the authority chain that will allow Partners to create 3D-Entities
and 3D-Details and release these into the public domain. In the past it was not uncommon
for organisations that control access to monuments and artefacts to restrict what can be done with
any photography of their monument or artefact. This precedent has been transferred to 3D data
capture and modelling – even though the resources and creative skills involved can be significantly
greater than even a photographic campaign. Although a wide range of agreements are possible, two
typical Business-2-Business (B2B) agreements exist depending upon funding of the work, these
being either:
1.1.1 Mixed funding under a Partnership Capture Agreement:
Normally results in non-exclusive licenses for both parties to make use of the primary data
with the IPR resting with the group that undertook the capture and modelling work.
Or
1.1.2 Paid work under capture contract:
This normally results in the assignation of the IPR by the capture team to the funding body –
often the site or artefact owner.
Only rarely is a capture team therefore able to retain full control over the initial survey data.
However, increasingly the creative models derived from original survey data are being seen as a
new and distinct level of IPR. In devising access agreements it is becoming very important to
address the question of the derivative chains. The cost of creating high quality derivatives can be
very significant and the reality is that content controllers are unlikely to be able to fund such work
without partnership agreements.
1.2 Metadata Agreement (As required by Europeana)
The metadata will be provided to Europeana by Partners under the Europeana Data Exchange
Agreement (DEA)3. The nature of that metadata will be quite basic and focused on the 3D Entities
(and related images, texts etc.) not the original heritage site or artefact. The metadata will normally
include a url/uri (a pointer) to a thumbnail or preview of the content, a url/uri (a pointer) to a
landing page from which the content is made available online, and/or a url/uri to the content itself
online.4
3 A copy of the DEA can be found in Appendix 2
4 The metadata doesn’t include the thumbnail, nor is the thumbnail covered by the requirement for the metadata to be
placed under the CC0 license.

This Metadata will be made available under a Creative Commons (CC0) License. This Metadata is
likely to record information on those involved in the creation of the 3D-Entities and Details and
therefore the underlying IPR Chain.
1.3 Derivatives Agreements (between Imaging and Development
Partners)
The original survey data, modelling work and all primary content from Content Providers will not
normally have been made public and therefore is unlikely to be available to Partners under any of
the Creative Commons License. This means that, unless Partners originate surveys themselves, the
primary data required by Partners to create 3D-Entities and Details will have to be accessed under a
separate Business-2-Business (B2B) agreement which gives them the right to create derivatives
from these resources. Only if these primary resources are already available under general public
user license, such as Creative Commons License (CC BY), would a specific B2B agreement to
make derivatives be redundant.
1.4 Public Use Agreements (between creators and distributors of
visualisation models)
The 3D-Entities and 3D-Details held separately from the Metadata (probably by a range of on-line
providers including, 3D-ICONS itself; Partners; Content Providers) will almost certainly be made
available to the public under a more restrictive license then Creative Commons License CC0. The
Europeana Data Model has 12 standard IPR statements that it uses for filtering content by generic
rights within the portal. These statements can be seen at:
http://pro.europeana.eu/web/guest/available-rights-statements
It is important to recognise that Europeana content providers can express the rights in their content
in the europeana:rights or edm:rights element. So, for example if the Rights of a 3D Entity or
Detail are owned by ANORGANISATION@2010, this can be expressed in the europeana:rights
element. The statement chosen for the Europeana rights element might be “all rights reserved”. The
nature of the license under which content may be made publicly accessible is therefore something
that the Partners and Content Providers will wish to consider but is likely to be at least CC
Attribution-Non-Commercial-No-Derivatives (CC-BY-NC-ND). We will continue consult on the
preferred license structure in Period 2 of the Project. This approach would allow 3D-ICONS
Partners and other contributors to place in the public domain derived visual models of their work,
such as 3DPDFs, QTVR, Collada, WebGL, in a controlled manner.

1.5 Commercial Agreements (between Sales and Development Partners
and others)
Although not an immediate part of 3D-ICONS, provision to Europeana of 3D-Entities and Details,
the costs of generating high-level derivatives immediately raises the question of commercialisation
to help cover costs. Licensing models to commercial image libraries or directly to end users can
help fund the creation of higher quality models and may well be in the interest of all parties – as
once created resources may be used commercially and non-commercially. These agreements are a
critical part of stimulating an added value chain so that original survey work can reach its full
potential. We would recommend identifying those data sets and models that may be available for
commercialisation as early as possible on the production chain. This in practice simply follows on
from Wikimedia’s more open approach to encouraging commercialisation as a means of stimulating
use as much as revenue.
A simple visualisation of the above agreements may be laid out as follows in Figure 2 Agreement
and License Structure:

Figure 2 Agreement and License Structure

Part 2: International Parallels and solutions
We have tried to capture some sense of the various IPR management systems encountered
throughout Europe. However, the reality is that regional variations are even more diverse than
expected as they also reflect the right of individual organisations to establish their own draconian
IPR control mechanisms – or indeed to waive them completely. As noted, the 3D-ICONS IPR
Scheme is already providing an example of best practice and therefore practical guidance for those
considering their approach to IPR.
2.1 EU Directives relating to IPR
The EU has previously tackled the disparate copyright laws found in member states and has issued
several directives aimed at harmonising law and practice.
Directive 96/9/EC “Database Directive”
Particularly relevant to 3D-Icons, this directive established the IP value of collected data, essentially
acknowledging the value of effort which until then was not enforceable by law. Without this
directive metadata would not have any IP value.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0009:EN:HTML
2001/29/EC “Copyright Directive (InfoSoc Directive)”
This directive set out to harmonize copyright law through the EU and implement the World
Intellectual Property Organization Copyright Treaty (WIPO).
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML
2003/98/EC “Re-use of public sector information (PSI Directive)”
This directive provides an EU wide framework to assist member states with the dissemination of
publicly accessible materials.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0098:EN:NOT
updated 23rd June, 2013 as 2013/37/EU
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:175:0001:0008:EN:PDF

2004/48/EC “Civil enforcement of IPR (IPRED1)”
This directive attempts to homogenise the judicial process involved with IP law in each member
state with a focus on simplifying procedures and therefore minimising costs.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0048R(01):EN:NOT
2005/0126/COD “Criminal enforcement of IPR (IPRED2)” Withdrawn
A proposed extension to IPRED1 to deal with criminal measure. It was officially withdrawn in
2010. Included here due to its reference to IPRED1.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52006PC0168:EN:NOT
2.2 World Intellectual Property Organization
Part of the United Nations tasked with promoting innovation and development through the fair use
of intellectual property management including copyright, trademarks and patents. WIPO drafted the
convention and subsequent treaties that form the foundation of global IP law.
http://www.wipo.int/about-wipo/en/
2.3 GPL, GFDL and Copyleft
Originally devised as a license structure for the distribution of community sourced software the
GNU General Public License (GPL) has gained major support in recent years, in particular with the
growth of online open source communities. One project member, CNR-ISTI, uses GPL for their
software development. GPL is maintained by the Free Software Foundation (FSF). The current
version, v. 3 was published in 2007.
GPL uses a Copyleft solution to protect the rights of the author. Copyleft licenses makes use of
existing copyright law but allows for redistribution, including derivatives and modifications, as long
as the original author is credited and that new works also follow the GPL license. Even though GPL
is often associated with free software, vendors are allowed to charge for derived work as long as the
new products carry the same GPL license.
The FSF also develop the GNU Free Document License which utilised the same copyleft concepts
applied to the publication of books. Wikipedia uses a combination of the GFDL and CC-BY-SA for
it's on-line encyclopaedia.

http://www.gnu.org/licenses/gpl.html
2.4 BSD-3 and FreeBSD
Similar to the GPL license, the BSD was designed to allow distribution of software while limiting
the liability of the author. The most permissive of license structures that allows exploitation of the
original material as long as credit is attributed. Unlike Copyleft policies, BSD allows for the
development of proprietary or closed derivatives.
http://www.linfo.org/bsdlicense.html
2.5 CeCILL
A set of licenses similar in scope to GPL to assist with the distribution of software. Developed in
France with a specific aim for greater compatibility with French copyright law. Developed in part
by one of the project members, CNRS.
http://cecill.info/index.en.html
2.6 License versus Contract
When considering IPR the distinction must be made between a license and a contract. In many legal
jurisdictions issues with licensing are covered by copyright laws whereas issues concerning
agreements are covered by contract laws.
Using appropriate IPR structures therefore would remove the need for costly access contracts and
facilitate a simpler system for developing digital content. The simplest approach would be to adopt
a set of Creative Commons licenses for all derived or creative output.
2.7 Other useful web sites
Creative Commons
Founded in 2001 and thanks to the proliferation of the internet and web sites like Wikipedia,
Creative Commons has become one of the most recognised licensing structures available. As this
also forms the IP structure for Europeana and is used by a significant number of the project partners
this topic will be discussed in some detail in Part 3.
http://creativecommons.org

Copyright for Creativity
Published in 2010 this declaration aims to gather support to positively influence future EU policy
on IPR with particular reference to an emerging 'knowledge economy'.
http://www.copyright4creativity.eu/
Wikimedia Commons
An online repository of free digital media.
http://commons.wikimedia.org/wiki/Commons:Project_scope
Copyright Toolkit
A commercial consultancy firm offers a very useful online tool to assist those who encounter IPR
issues but are not necessarily versed in copyright law. Individuals and SMEs that lack a legal team
would benefit from the advice presented here.
http://copyrighttoolkit.com/index.html

Part 3: IPR and Creative Commons
As the use of Creative Commons5 is one of the legal pillars for Europeana, and indeed of other on-line
media resources sites, we have summarised key information on Creative Commons for the
Partners (some, but not all, of whom are of course already familiar with these licenses).
Creative Commons has its own search portal: http://search.creativecommons.org
Introduction (http://creativecommons.org):
Creative Commons is a non-profit organization that enables the sharing and use of creativity and
knowledge through free legal tools. The idea of universal access to research, education, and culture
is made possible by the Internet, but our legal and social systems don’t always allow that idea to be
realized. Copyright was created long before the emergence of the Internet, and can make it hard to
legally perform actions we take for granted on the network: copy, paste, edit source, and post to the
Web. The default setting of copyright law requires all of these actions to have explicit permission,
granted in advance, whether you’re an artist, teacher, scientist, librarian, policymaker, or just a
regular user. To achieve the vision of universal access, someone needed to provide a free, public,
and standardized infrastructure that creates a balance between the reality of the Internet and the
reality of copyright laws.
Creative Commons copyright licenses and tools give everyone from individual creators to large
companies and institutions a simple, standardized way to keep their copyright while allowing certain
uses of their work — a “some rights reserved” approach to copyright — which makes their creative,
educational, and scientific content instantly more compatible with the full potential of the
internet.
Creative Commons licenses require licensees to get permission to do any of the things with a work
that the law reserves exclusively to a licensor and that the license does not expressly allow.
This is particularly important for Partners in 3D-ICONS where we are adding our own IPR to pre-existing
resources. In creating a value-added chain of production, the access agreements indicated
in Fig. 2 (above) are critical to us and to Europeana. This is an element that Creative Commons
recognizes the requirement for but does not deal with, as it is very much a B2B agreement.
Creative Commons Licensees must credit the licensor, keep copyright notices intact on all copies of
the work, and link to the license from copies of the work.
5 Refer to Appendix 1 for a description of each of the Creative Commons licenses.

Part 4: Current Practice and Proposals for Managing IPR within
3D-ICONS:
4.1 Current Practices
The preceding review of the structure and purposes IPR has stimulated and aided discussion among
3D-ICONS Partners and their content providers on the issue of managing the IPR chain, i.e.
between content providers and surveyors, within 3D-ICONS, and with Europeana. It is clear that
the pattern of IPR management across the partners and partner counties was and remains extremely
variable.
4.1.1 Initial Assessment of IPR management policies
An initial survey was performed in August 2012 to assess the IPR methodologies already in use by
project partners. The responses to this questionnaire enabled us to develop a sense of how IPR
management was perceived within the group and what, if any, systems already existed. Immediately
the complexity of IPR management established itself as the primary issue with regional and
institutional differences accounting for the implementation of unique solutions where IPR was an
issue.
“Many different agreements (GPL, CC) and even non-standard licensing schemes for particular
cases.” CNR-IST, in response to the 2012 questionnaire.
The complexity of IPR and the lack of staff who were trained in this area was cited by several
partners as the main reason why their organisations had not instituted any formal policies for the
management of IPR chains. Also, several partners have developed longstanding informal
agreements with Heritage Institutions to provide content at a local research and development level
and initially they felt that this level of cooperation was sufficient for the project. As discussions
within the project proceeded partners have realised that such informal relationships, while excellent
for cooperative research, were insufficient for the distribution of results through Europeana.
The results of the initial survey indicated that 30-40% of the project partners have begun to use
Creative Commons for all or part of their management strategy. Greater exposure of CC in everyday
use has laid the foundation for dialogue on various IPR issues. CC has established a benchmark
from which content developers and providers can begin discussion.
All of the partners agree that there was a need for clear and efficient guidelines on IPR that
explained current IPR chains and best practice in this area on a national and international basis.

They felt that the discussion paper included in this deliverable was a major step in the right
direction. However, local legally authorised approval is required and that the implementation of
common protocols would actually facilitate greater development of publicly accessible digital
resources.
4.1.2 On-going discussions and reappraisal of IPR policy
Circulation of the preliminary report initiated active discussions within the project and a second
questionnaire was circulated by CMC in July 2013. This survey followed on with a more detailed
investigation of the partners’ current practice and included a preliminary exploration of their
experience with organisations immediately outside of the project.
Complexity with IPR was still cited as a major issue with 60% of Partners required to negotiate
separate access agreements with their respective institutions. This became even more complicated
where Partners are dealing with multiple institutions necessitating separate policies for each data
source.
“In our opinion Managing IPR issues at partner level risk to become a very complicated and
cumbersome activity.” POLIMI in response to the 2013 survey.
As gatekeepers to the data, the institutions are free to set their own licensing structures which
require adoption by project partners. A call for a higher-level policy on IPR management was
iterated by several members who felt that inconsistency and ignorance within and between
institutions generated overly complex structures. There was a real risk that the requirement to track
IPR was killing projects.
“...no formal signed agreement exists, only verbal agreement. Therefore a formal inter-institutional
IPR agreement must be established.” DISC in response to the 2013 survey.
Based on the preliminary report and subsequent discussions, some members have begun to review
their policies in IPR. CNR-ISTI for example has implemented a modular approach that mirrors the
IPR chains introduced in WP 7.1. By clearly identifying the output channels and their respective
requirements CNR-ISTI can easily define the necessary rights at each stage of the project.
“Currently we are doing it in an informal way in most cases. But we are planning to prepare more
formal documents to be signed by the involved partners that define the usage rights.” CNR-ISTI in
response to the 2013 survey.
Ultimately, the final decision is up to National Institutions and content providers have to ask

permission for the data-acquisition and publication which can often delay the digitization process.
So while this deliverable could offer solutions, further local agreements will be required.
File format was another issues raised by project members and although technical specifications are
dealt with in Part 5, some IPR issues exist with the potential for multiple file formats. Analogous to
the Entity/Details granularity issues associated with heritage sites claiming IPR on complex data-sets,
where the possibly exists of a great numbers of derivative sub-sets, is in itself a challenge. For
copyright to be enforceable, the potential derivative must contain a significant and recognisable part
of the original protected material. Current parallels in creative media licensing offer guidance but
more research is required to ensure suitability with a heritage framework.
“We need to develop a standardized procedure to metadata uploading and creating 3D models in
order to encourage other possible national content providers to contribute to Europeana.” MNIR
in response to the 2013 survey.
4.1.3 Proprietary File Formats
While it is by comparison with IPR, a minor issue, the use of proprietary file formats to store data
also raised concern amongst the Partners. Many digitisation methods such as LiDAR scanning
collects and stores data in a format developed by the hardware vendors. These unique file formats
allows for highly efficient storage and retrieval of the data but often requiring the expense of
installing costly software. The formats themselves are often subject to restrictive licensing.
This risk of incidental licensing, concomitant with software development, is potentially another
level of IPR complexity when recommending file formats for public consumption. A common
example is the Portable Document Format (PDF). Although a proprietary format owned by Adobe
Systems, Adobe released it as an open standard and established a royalty-free license relating to the
creation of PDF files. Without this explicit licensing arrangement the creation and viewing of PDF's
would only be possible via Adobe licensed products and would definitely have prevented the
development of the PDF as the standard document format.
Some project partners have already begun investigation of GPL licensing and promoting the use of
open source software whenever possible to avoid the risk of accidental copyright infringement.
4.2 Standardising our Approach to IPR
As we move forwards we will widen our consultation with Partners and where practical draw in

Content Providers. It is likely that Partners will use Creative Commons to underpin the 3D-ICONS
structure for managing the IPR acquired and created during the work of 3D-ICONS.
In line with the Europeana Licensing Framework we suggest that all content providers supply a
detailed structure of the varied rights attributed to linked content. As this could be quite a complex
undertaking for the providers, we recommend a simpler and more uniform approach.
At this point we are suggesting that the default starting point for IPR managed and created by 3D-ICONS
partners is likely to be Creative Commons, Attribution, Non-commercial, No Derivatives
(CC-BY-NC-ND).
If CC-BY-NC-ND is applied to all content created within 3D-ICONS by Imaging Partners and
Development Partners (See Figure 2), then it will be clear to all providers of 3D-Entities and
Details that 3D-ICONS respects the position of their content within the Activity Chain. Where
necessary, 3D-ICONS Partners would then seek to establish common waivers to allow derivatives
to be generated and for these derivatives to be used by the public both commercially and non-commercially.
This would still allow institutions to supply content with alternate rights structures providing that
they outline the specific license in the associated metadata.
4.2.1 Imaging Partners
Imaging Partners must arrange access to the objects, sites and related materials for the purpose of
capturing date and the making of digital models. Under the simplest access agreement, ownership of
the resulting digital data and initial models will rest with the Imaging Partner who will released this
primary data and models under the CC-BY-NC-ND terms to 3D-ICONS.
Any Shared IPR or liabilities between the Heritage Institution (HI) and the Imaging Partner need to
be defined under their access agreement. One key purpose of the Access Agreement is to establish
IPR ownership and assign appropriate share values of the IPR for any later royalty payments.
Common forms of agreement are:
• Commercial proposal: Imaging Partner tenders for access expecting a return from future
exploitation. The HI may receive nominal royalties.
• Joint Venture: Both the Imaging Partner and HI, possibly in tandem with public funding,
agree to a division of costs and therefore expect relevant shares of return.
• Imaging Commission: When a HI organises its own acquisition, either with its employees or

through subcontractors the HI in effect acts as the Imaging Partner.
4.2.2 Development Partners
Development Partners may of course be the same organisations as undertook the original imaging
but their outputs are critically different. It is they who will produce the visualisation models that
will be seen by the public as 3D-Entities and Details. In order to produce these 3D-Entities and
Details, Development Partners need to have a Derivative Agreement with the original Imaging
Partner. This may be an internal agreement, a Creative Commons Agreement, or a B2B agreement.
But best practice within 3D-ICONS means that we are likely to require this critical step to be fully
authorised. It makes sense that altering the earlier data sets will require a waiver to the original user
license as it will acknowledge the generation of new IPR. Any commercial work will necessitate re-processing
of the data and therefore it is likely that the two waivers will be issued together.
The derivative waiver would also allow the partner to generate new IPR of the reprocessed data that
is substantially different from the original, and not be limited by the pre-existing CC license. These
new items can be wholly commercial.
4.2.3 The Role of 3D-ICONS
3D-ICONS is not a legal entity and has no ability to own or manage IPR. Its function is to facilitate
best practice in the digitization of heritage sites and objects and the release of appropriate 3D-Entities
and Details to the public. The broad acceptance and appreciation of this deliverable
indicates that there is an appetite for clarity in this field that is not being satisfied by national and
international directives. We have therefore stepped up our presentation of the 3D-ICONS IPR
Scheme at European conferences and will produce a public version of this deliverable for
distribution on the web.

Part 5: Digitisation Guidelines – D2.1
A key feature of D2.1 is to help define deliverables in terms of the ‘granularity’ of the models and
their sets provided to the public as part of the 3D-ICONS project. Within this report we have simply
used the terminology of D2.1 – that 3D models of historic sites will be formed into sets of ‘3D-Entities
and Details’. When scanning a building for example, the Building may be seen as a 3D-Entity
while the → doorway → door → door panel → handle → lock etc. form increasingly refined
3D-Details. Various practical issues about how we quantify and define these 3D-Entities and Details
are discussed in D2.1.
This also has an IPR side. Copyright is only enforced by use of a 'substantial' part of the whole. In
the D2.1 example while we can protect the 'entity', we may not always be able to protect the
'details'. This is an important distinction. Commercialization is often through exploiting the details,
licensing a motif for use as a pattern or a portion of an image in advertising.
D2.1 also acknowledges that technically derived derivatives can constitute different models. At
what point does the decimation of one model becomes is a new model, 50%, 25% or less?
Decimation of models can be an extremely skilled job or a mere press of a button. It is therefore by
no means routine that a derived model inherits exactly the same IPR as the original. More
commonly alteration, procedural or manual, will result in a new IPR event taking place?
It is important, therefore, that regardless of the granularity of the approach, once an item has been
digitised and presented as a “self-contained” unit that then becomes subject to IPR.
This also raises the issue of multiple projects digitizing the same subjects but for different reasons.
To continue the building example. Imagine we have three teams.
Team A: Scans building for architectural significance.
Team B: Scans the main entrance as it's considered unique.
Team C: Photographs in 2D all the stained glass throughout the building due to its artistic heritage.
Each team will own their respective IPR.
The doorway, classed as a detail for Team A, is the entity for Team B. The door, as a 'not substantial'
part of Teams A's data set, enforcing IPR could be difficult, not so for Team B. The current reality is
that Team B's data set would be richer, but this may not always be the case as different technologies
advance. Team C also has a library of images. Is the entity the entire collection? Or does each image
warrant its own status (this would also be true of books & manuscripts).

For the purposes of IPR module D2.1 offered two strategies, a restrictive policy involving only the
metadata needed for Europeana and a liberal policy incorporating a wider range of ‘thumbnail’
derivatives. Control of master survey data would not be affected by these two suggestions.
From a 3D-ICONS contractual standpoint Europeana only requires a specific subset of metadata
with an optional provision of a small thumbnail. Metadata is, however, also subject to IPR due to
the EU directive on Databases. Therefore, it is clear that at a minimum the metadata should be
presented with a suitable CC license – Europeana’s DEA. Europeana will then be able to link each
of the projects. Visitors exploring a particular heritage site would be provided with off-site links to
explore in deeper details the results of the other projects, possibly linking to commercial sites where
materials could be purchased.
http://www.3dicons-project.eu/eng/Media/Files/Deliverable_2.1_final.pdf

Part 6: Europeana and Metadata
6.1 The Europeana Data Exchange Agreement
The Europeana Data Exchange Agreement6 is a flexible approach to the metadata provision. In
particular, article 2 states that:
1. Notwithstanding the minimum requirements of paragraphs 2 and 3 of this article, it is in the
discretion of the Data Provider to decide which Metadata and Previews it provides to
Europeana, including the right to submit only Metadata and Previews with regard to a part
of the Content held by it or its data providers and the right to submit only a part of the
Metadata and Previews it has or its data providers have with regard to particular Content.
2. The Data Provider shall submit Metadata and Previews in accordance with the Metadata
Specifications.
The documentation and transfer of metadata about the sites and objects that make up 3D-ICONS’
3D-Entities and Details will itself go through a process of refinement and development with
Europeana. In IPR terms, however, it is clear that this information will be transferred to Europeana
under a Creative Commons license (CC0). The range of metadata provided for 3D Models is only
just becoming standardised through the work of projects such as the CARARE 2.0 metadata
schema.
6.2 The CARARE 2.0 Metadata Schema
3D-ICONS will use the updated CARARE 2.0 schema to provide metadata to Europeana. The
CARARE Schema is far richer than the EDM and has been developed specifically for the
archaeological/architectural domain whilst being able to map to the European Data Model (EDM)
developed by Europeana. Version 2.0 made some minor improvements to the existing schema and
added some additional fields which are specific to 3D models.
This is particularly relevant because the CARARE 2.0 schema covers:
• the subject of the scanning (the heritage asset)
• the digital resources created (rows or derivatives images and 3D models)
• contextual entities (places, actors, time, objects).
6 A complete copy of the DEA can be found in Appendix 2

In addition, the CARARE 2.0 Schema allows for specification of Rights for whole collections, as
well as Rights associated with the Heritage Asset, Rights associated with the digital object itself
(copyright, access rights, reproduction rights) and Rights for the metadata. These Rights elements
map to corresponding elements in EDM (as DC: Rights) where Rights statements may either be
literal statements or (for EDM:Rights) can be encoded as URLs referring to web pages that contain
information about the applicable rights. The web pages inform the user about the terms under which
the digital object and the corresponding preview can be used. Europeana uses 12 different rights
statements in total which define the type of access and use allowed (or not).
CARARE 2.0 therefore provides flexible and professional management of metadata. However, as a
project we are aware of the need to document metadata specific to Europeana. Some sense of the
core metadata being included in this approach can be gained from the following list of the
Mandatory and Recommended fields for rights.
1) Collection information
Rights – associated with the collection as a whole.
2) Heritage Asset Identification Set
Record Information - Basic administrative information about the record. The information
includes:
Metadata Rights – statement about any rights to the metadata, include a link to a licence
online if appropriate.
Rights (source = DC) (Global) – a statement of any rights associated with the heritage asset.
References – these are sources of information about the heritage asset in publications and
archival sources (for example, bibliographic references etc.). Do not include the digital
objects (image, text, video, audio, 3D model, etc.) which your organisation is making
accessible to Europeana – these should be described as Digital Resources, not References.
Source = MIDAS + DCMI Terms.
The information includes: Rights (source = MIDAS) (Global)
3) Digital Resource
Rights (source = MIDAS) (Global) – the rights associated with the digital object itself
(copyright, access rights, reproduction rights).

Global Rights
Global rights elements in the CARARE 2.0 schema are information about the rights associated with
the object, metadata and the digital surrogate being harvested into the service environment based on
MIDAS Heritage. The information includes:
• Copyright credit line – a statement about the rights holder and rights dates
• Access rights – a statement about the access rights to the content.
• Reproduction rights – a statement about the reproduction rights including contact
information
• License – a URI indicating a license or conditions for the use of the object or data, e.g. this
could be a page on the content providers website which includes information about
copyright, access rights and reproduction rights or a link to a Creative Commons license7 or
the public domain mark8. Use as a supplement to the information above. It is always
recommended that the Copyright elements are given when known.
• Europeana Rights – one of the 12 rights statements used by Europeana in its portal.
Required for content being provided to Europeana.
6.3 Current mappings for CARARE 2.0 IPR expression in EDM
The current mappings for IPR expressions in EDM can be summarised as follows:
1) Provided Cultural Heritage Object e.g. Mona Lisa painting
dc:rights (Optional)
2) ORE Aggregation – Cultural Heritage Object
edm:rights (Mandatory) = URI
3) Web Resource (digital object)
dc:rights (Optional)
edm:rights (Optional) = URI.
In the current (first) implementation of EDM, the IPR statement is taken from the ORE Aggregation
but in future implementations, the edm: rights statement associated with individual web resources,
7 http://creativecommons.org/about/licenses/
8 http://creativecommons.org/publicdomain/mark/1.0/

where present, will override the ORE edm:rights.
3D-ICONS is developing additional metadata specific to large-scale 3D-Models as an extension to
the CARARE schema. However, it is envisaged that this metadata will be kept separately in data
stores managed by the 3D model 'owners' who will manage their own IPR as appropriate.
Information on the CARARE 2.0 schema can be found at:
http://3dicons-project.eu/eng/Media/Files/D6.1-Report-on-Metadata-Thesauri
References
Note that the EDM is evolving and additional fields may be added in the future enabling more
CARARE 2.0 fields to be mapped to it. For further information on the EDM - see
http://pro.europeana.eu/edm-documentation.
3D-ICONS is developing additional metadata specific to large-scale 3D-Models as an extension to
the CARARE schema. However, it is envisaged that this metadata will be kept separately in data
stores managed by the 3D model 'owners' who will manage their own IPR as appropriate.

Appendix 1 – Creative Commons Licenses
The following information is a synopsis of the various Creative Commons (CC) licenses copied
directly from: http://creativecommons.org/ and is intended as an overview of those licenses. Please
refer to the web site for more in depth information and copies of the relevant legal documents.
The Creative Commons Licenses
Public Domain CC0
The person who associated a work with this deed has dedicated the work to the public domain by
waiving all of his or her rights to the work worldwide under copyright law, including all related and
neighbouring rights, to the extent allowed by law.
You can copy, modify, distribute and perform the work, even for commercial purposes, all without
asking permission.
Legal Code: http://creativecommons.org/publicdomain/zero/1.0/legalcode
Attribution CC BY 3.0
This license lets others distribute, remix, tweak, and build upon your work, even commercially, as
long as they credit you for the original creation. This is the most accommodating of licenses
offered. Recommended for maximum dissemination and use of licensed materials.
License Deed: http://creativecommons.org/licenses/by/3.0/
Legal Code: http://creativecommons.org/licenses/by/3.0/legalcode
Attribution-ShareAlike CC BY-SA 3.0
This license lets others remix, tweak, and build upon your work even for commercial purposes, as
long as they credit you and license their new creations under the identical terms. This license is
often compared to “copyleft” free and open source software licenses. All new works based on yours
will carry the same license, so any derivatives will also allow commercial use. This is the license
used by Wikipedia, and is recommended for materials that would benefit from incorporating content
from Wikipedia and similarly licensed projects.
License Deed: http://creativecommons.org/licenses/by-sa/3.0/
Legal Code: http://creativecommons.org/licenses/by-sa/3.0/legalcode
Attribution-NoDerivs CC BY-ND
This license allows for redistribution, commercial and non-commercial, as long as it is passed along
unchanged and in whole, with credit to you.
License Deed: http://creativecommons.org/licenses/by-nd/3.0/
Legal Code: http://creativecommons.org/licenses/by-nd/3.0/legalcode
Attribution-NonCommercial CC BY-NC
This license lets others remix, tweak, and build upon your work non-commercially, and although

their new works must also acknowledge you and be non-commercial, they don’t have to license
their derivative works on the same terms.
License Deed: http://creativecommons.org/licenses/by-nc/3.0/
Legal Code: http://creativecommons.org/licenses/by-nc/3.0/legalcode
Attribution-NonCommercial-ShareAlike CC BY-NC-SA
This license lets others remix, tweak, and build upon your work non-commercially, as long as they
credit you and license their new creations under the identical terms.
License Deed: http://creativecommons.org/licenses/by-nc-sa/3.0/
Legal Code: http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
Attribution-NonCommercial-NoDerivs CC BY-NC-ND
This license is the most restrictive of our six main licenses, only allowing others to download your
works and share them with others as long as they credit you, but they can’t change them in any way
or use them commercially.
License Deed: http://creativecommons.org/licenses/by-nc-nd/3.0/
Legal Code: http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

Appendix 2 – Europeana Data Exchange Agreement (DEA)
The Europeana Data Exchange Agreement (DEA) is part of Europeana strategy in IPR which aims
to encourage heritage institutions to supply data to Europeana.
The DEA is a ready drafted agreement based on the Creative Commons CC0 1.0 Universal Public
Domain Dedication and enables parties to supply metadata to Eurpeana.
More details about can be found on the Europeana web site:
http://pro.europeana.eu/web/guest/data-exchange-agreement
A copy of the DEA is attached to this document.

www.europeana.eu
Koninklijke Bibliotheek
Prins Willem-Alexanderhof 5
Postbus 90407
2509 LK Den Haag
Nederland
Europeana Data Exchange Agreement
Parties:
Europeana Foundation (formerly EDL Foundation)
Address: Koninklijke Bibliotheek, Prins Willem-Alexanderhof 5,
2509LK The Hague, The Netherlands
Phone: +31 70 314 0952
URL: www.europeana.eu
Name of authorised Person: Jill Cousins
Title/Role in organisation: Executive Director
Work Phone: +31 70 314 0952
Work Email: jill.cousins@kb.nl
Hereafter named: ‘Europeana’
And
Name of organisation:
Address:
Phone:
Email:
URL:
Name of authorised Person:
Title/Role in organisation:
Work Phone:
Work Email:
Hereafter named: ‘Data Provider’
Europeana Data Exchange Agreement – Annex 1: CC0 1.0 Universal Public Domain Dedication 1

2
whereas
a. Europeana has the objective to provide access to Europe’s cultural and scientific heritage;
b. Europeana has, for this purpose, undertaken the task of ingesting, indexing, enriching and
making available descriptive metadata and previews on objects that are part of that heritage,
c. Europeana thereby intends to benefit both the holders of these objects and the public at large;
d. Europeana has no intention to include any data in its database other than such metadata and
previews;
e. the Data Provider has and/or can create metadata and previews that are appropriate to form
part of this database;
f. the Data Provider is willing to make (a part of) these metadata and previews available for this
database, under the conditions of this agreement;
g. in some domains (such as museums) it can be difficult to differentiate clearly between content
and metadata, and as a result whatever data is given to Europeana is called, for purposes of
this agreement, metadata; and
h. Europeana wishes to make all metadata in its database available for reuse to all its Data
Providers and the public at large.
the Parties have agreed to the following:
Article 1 Definitions
CC0 1.0 Universal Public Domain Dedication: The Creative Commons Universal Public Domain Dedication
as published at: http://creativecommons.org/publicdomain/zero/1.0/. The version of CC0 1.0 Universal Public
Domain Dedication that is published on the Effective Date is attached to this agreement as Annex 1.
Content: a physical or digital object that is part of Europe’s cultural and/or scientific heritage, typically held by
the Data Provider or by a data provider of the Data Provider.
Europeana Network: The Network of Europeana’s Content Providers and Aggregators (former CCPA), as
established in accordance with article 12 of Europeana’s articles of association.
Effective Date: The date on which this agreement commences, in accordance with article 5, paragraph 1.
Europeana.eu: The Europeana website, its data and its machine interfaces, all without necessarily being
disclosed under URL europeana.eu.
Europeana Data Use Guidelines: Non-binding guidelines for users of data published by Europeana, on the
Effective Date made available at http://www.europeana.eu/portal/data-usage-guide.html.
Intellectual Property Rights: Intellectual property rights including, but not limited to copyrights, related (or
neighbouring) rights and database rights.
Metadata: textual information (including hyperlinks) that may serve to identify, discover, interpret and/or
manage Content.

3
Metadata Specifications: The most recent version of the Metadata specifications published by Europeana
and available at http://europeana.eu/schemas/ on the Effective Date
Preview: A reduced size or length audio and/or visual representation of Content, in the form of one or more
images, text files, audio files and/or moving image files.
Public Domain: Content, Metadata or other subject matter not protected by Intellectual Property Rights
and/or subject to a waiver of Intellectual Property Rights.
Third Party: Any natural or legal person who is not party to this Agreement
URI: Uniform Resource Identifier, URLs (Uniform Resource Locators) are URIs.
Article 2 Provision of Metadata and Previews
1. Notwithstanding the minimum requirements of paragraphs 2 and 3 of this article, it is in the discretion
of the Data Provider to decide which Metadata and Previews it provides to Europeana, including the
right to submit only Metadata and Previews with regard to a part of the Content held by it or its data
providers and the right to submit only a part of the Metadata and Previews it has or its data providers
have with regard to particular Content.
2. The Data Provider shall submit Metadata and Previews in accordance with the Metadata
Specifications.
3. The Data Provider must make best efforts to provide Europeana with correct Metadata on the
Intellectual Property Rights to the Content, including the identification of Content that is Public Domain
as being Public Domain.
4. Europeana shall ensure that future versions of the Metadata Specifications are compatible with the
Metadata Specifications in place on the Effective Date. Before mandating changes to Metadata
Specifications, Europeana must consult the Europeana Network.
5. Europeana shall collaborate with the Data Provider within thirty (30) days upon the latter’s request, for
the correction, update and removal of Metadata provided by the Data Provider.
Article 3 Use of Metadata
1. Under the condition that the requirements of paragraphs 2 and 3 of article 2 are met, Europeana shall
include the Metadata provided by the Data Provider in the database held by Europeana and shall
publish these Metadata as a part of this database.
2. Europeana shall publish all Metadata, including the Metadata provided by the Data Provider prior to
the Effective Date, under the terms of the CC0 1.0 Universal Public Domain Dedication and is hereby
authorized by the Data Provider to do so. The Data Provider recognizes that it hereby waives – to the
greatest extent permitted by, but not in contravention of, applicable law – all Intellectual Property
Rights in the Metadata it has provided and will provide to Europeana. If – according to the applicable
law – such waivers are not legally binding in particular territories the “Public License Fallback” in sec.
3 of the CC0 1.0 Universal Public Domain Dedication will apply, and the Metadata provided by the
Data Provider is licensed non-exclusively, unconditionally, free-of-charge for all types of use and for
all territories to the public. For details about the waiver/public license see the Text of the CC0 1.0
Universal Public Domain Dedication under the URL mentioned in Article 1 above.
3. In as far as the Data Provider has provided or will provide Europeana with Metadata that it has
aggregated from Third Parties or that otherwise originate from Third Parties, the Data Provider shall
ensure that these Third Parties have authorized the Data Provider to authorize Europeana in
accordance with paragraph 2 of this article.

4
4. When making available Metadata or any parts thereof under the terms of the CC0 1.0 Universal
Public Domain Dedication, Europeana will provide a link to the Europeana Data Use Guidelines with
the CC0 1.0 Universal Public Domain Dedication.
5. When Europeana publishes Metadata that can be (in whole or in part) attributed to the Data Provider,
Europeana is obliged to give attribution to the Data Provider and to the party or parties referred to by
the Data Provider through the europeana:dataProvider field (or its equivalent in a later version) of the
Metadata Specification.
6. In the event that Europeana publishes a translation or transcription based on Metadata provided by
the Data Provider, Europeana shall identify the translation or transcription as such.
Article 4 Use of Previews
1. Notwithstanding paragraphs 2 and 3 of this article, Europeana is entitled to allow use of the Previews
by visitors of Europeana.eu and Third Parties in accordance with terms specified by the Data Provider
in the europeana:rights field (or its equivalent in a later version) of the Metadata Specifications.
2. Europeana is entitled to store and publish on Europeana.eu all Previews provided by the Data
Provider, though only in combination with the Metadata that pertain to the same Content.
3. Europeana is entitled to publish the URLs pointing to the Previews together with other Metadata,
unless the Data Provider indicates to Europeana in writing that it does not allow Europeana to do so.
In the latter case, Europeana will only use the Previews in accordance with paragraph 2 of this article.
4. In as far as the Data Provider is the proprietor of Intellectual Property Rights to the Previews it
provides to Europeana, the Data Provider hereby grants Europeana a license to use these rights in
accordance with this article, without affecting any moral rights that it may have in these Previews.
5. In as far as the Data Provider has provided or will provide Europeana with Previews that it has
aggregated from Third Parties or that otherwise originate from Third Parties, the Data Provider
ensures that these Third Parties have authorized the Data Provider to enable Europeana to perform
paragraphs 1 and 2 of this article.
Article 5 Term
1. This Agreement enters into force as of the date of signature of the parties.
2. The Agreement shall end on the 31st December following the Effective Date. The Agreement will be
renewed automatically for a period of one year every 1st January, unless terminated by one of the
parties, by written notice received by the other party ultimately on 30 September of that year.
Article 6 Liability and Notice and take Down
1. The Data Provider must make best efforts to ensure that performance by Europeana of articles 3 and
4 does not constitute an unlawful act towards a Third Party, including but not limited to:
a. a violation of Intellectual Property Rights of a Third Party;
b. an infringement of personality, privacy, publicity or other rights; or
c. an infringement of public order or morality (hate speech, obscenity, etc.).
2. In the event that performance by Europeana of articles 3 and 4 constitutes an unlawful act towards a
Third Party, Europeana shall assist the Data Provider in limiting the negative consequences of such
unlawful act, however without accepting any liability. In the performance of this obligation, Europeana
shall use the notice and take down procedure of paragraph 3 of this article.

5
3. In the event that a Data Provider or a Third Party notifies Europeana that it is of the opinion that
performance by Europeana of articles 3 and 4 constitutes an unlawful act towards any party,
Europeana shall within 5 working days decide whether it considers the notice (i) void of grounds, (ii)
readily awardable or (iii) subject to debate, and Europeana shall perform the following:
(i) In the event that Europeana considers the notice void of grounds, it shall inform the notifying
party accordingly.
(ii) In the event that Europeana considers the notice readily awardable, it shall take all required
measures to end the unlawful state. Europeana shall inform both the notifying party and the
Data Provider of its decision.
(iii) In the event that Europeana considers the notice subject to debate, it shall inform the notifying
party of this decision and allow the Data Provider to provide its views on the opinion within
five (5) working days from the date that Europeana has forwarded the opinion to the Data
provider. Upon receipt of the views of the Data Provider, Europeana shall decide within five
(5) working days whether measures are required to end an unlawful state. Europeana may
decide to request the notifying party and, subsequently, the Data Provider for further views.
4. Both parties shall hold the other party free and harmless of any action, recourse or claims made by
any Third Party due to the non-observance of its obligations under this agreement.
Article 7 Termination
1. Either party may terminate this agreement at any time on the material breach or repeated other
breaches by the other party of any obligation on its part under this agreement, by serving a written
notice on the other party identifying the nature of the breach. The termination will become effective
thirty (30) days after receipt of the written notice, unless during the relevant period of thirty (30) days
the defaulting party remedies the breach.
2. This agreement may be terminated by either party on written notice if the other party becomes
insolvent or bankrupt, if the Data Provider's project ends or if the Data Provider withdraws or ceases
operations. The termination will become effective thirty (30) days after receipt of the written notice.
3. Upon termination of this agreement, Europeana shall only be obliged to remove Metadata and
Previews provided by the Data Provider if the Data Provider request Europeana to remove the
Metadata and Previews. Removal shall happen no later than 30 days after such a request has been
received by Europeana.
4. Termination of this agreement does not affect any prior valid agreement made by either party with
Third Parties.
Article 8 Miscellaneous
1. If any term of this agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then this agreement, including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable term had never been included.
2. This agreement replaces all data provider and/or data aggregator agreements concluded by
Europeana and the Data Provider before the Effective Date and all Metadata and Previews provided
to Europeana by the Data Provider under the conditions of such other agreement are, as of the
Effective Date, considered to be provided under the conditions of the present agreement.
3. This agreement may be supplemented, amended or modified only by the mutual agreement of the
parties. Any modification proposed by Europeana must be notified to the Data Provider in writing. The
Data provider shall be allowed at least two months from the date of reception of the notice to accept
the new agreement. If the modifications are not accepted by the Data Provider in writing within the

6
allowed period, the modifications are presumed to have been rejected. If the proposed modifications
are rejected by the Data Provider, Europeana has the right to terminate this agreement against 31
December of any year, with a one month notice.
4. This agreement is drawn up in English, which language shall govern all documents, notices,
meetings, arbitral proceedings and processes relative thereto.
5. This agreement shall be construed in accordance with and governed by the laws of The Netherlands.
6. All disputes arising out of or in connection with this agreement, which cannot be solved amicably,
shall be referred to the mediation group of the Europeana Network for mediation. The outcome of the
mediation process will be binding on the parties.
Signed by both parties:
Date: Date: 22.09.2011
Data Provider: Europeana:

ANNEX1
CC0 1.0 Universal - http://creativecommons.org/publicdomain/zero/1.0/

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN AS-IS BASIS.
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE USE OF THIS DOCUMENT OR THE
INFORMATION OR WORKS PROVIDED HEREUNDER, AND DISCLAIMS LIABILITY FOR DAMAGES
RESULTING FROM THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED
HEREUNDER.
Statement of Purpose
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related
Rights (defined below) upon the creator and subsequent owner(s) (each and all, an owner) of an original
work of authorship and/or a database (each, a Work).
Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a
commons of creative, cultural and scientific works (Commons) that the public can reliably and without fear of
later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as
possible in any form whatsoever and for any purposes, including without limitation commercial purposes.
These owners may contribute to the Commons to promote the ideal of a free culture and the further
production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work
in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation of additional consideration or
compensation, the person associating CC0 with a Work (the Affirmer), to the extent that he or she is an
owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly
distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work
and the meaning and intended legal effect of CC0 on those rights.
1. Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and
related or neighboring rights (Copyright and Related Rights). Copyright and Related Rights include, but are
not limited to, the following:
i. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
ii. moral rights retained by the original author(s) and/or performer(s);
iii. publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;
iv. rights protecting against unfair competition in regards to a Work, subject to the limitations in
paragraph 4(a), below;
v. rights protecting the extraction, dissemination, use and reuse of data in a Work;
vi. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the
Council of 11 March 1996 on the legal protection of databases, and under any national
implementation thereof, including any amended or successor version of such directive); and
vii. other similar, equivalent or corresponding rights throughout the world based on applicable law or
treaty, and any national implementations thereof.
2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby
overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's
Copyright and Related Rights and associated claims and causes of action, whether now known or unknown
Europeana Data Exchange Agreement – Annex 1: CC0 1.0 Universal Public Domain Dedication 7

(including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii)
for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any
current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without
limitation commercial, advertising or promotional purposes (the Waiver). Affirmer makes the Waiver for the
benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully
intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any
other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by
Affirmer's express Statement of Purpose.
3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or
ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking
into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged
Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non
exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the
Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty
(including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv)
for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the
License). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work.
Should any part of the License for any reason be judged legally invalid or ineffective under applicable law,
such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case
Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related
Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either
case contrary to Affirmer's express Statement of Purpose.
4. Limitations and Disclaimers.
a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or
Europeana Data Exchange Agreement – Annex 1: CC0 1.0 Universal Public Domain Dedication
8
otherwise affected by this document.
b. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the
Work, express, implied, statutory or otherwise, including without limitation warranties of title,
merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other
defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest
extent permissible under applicable law.
c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any
use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further,
Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights
required for any use of the Work.
Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no
duty or obligation with respect to this CC0

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