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![‘In addition we are of the opinion that public
archive institutions need to be authorized to make
works in their collections available online for non
commercial purposes without the need to obtain
permission by the rights holders’
[position taken by the National Archive of the Netherlands in negotiations with rights holders]](https://image.slidesharecdn.com/120703ceusummercourse-120703085235-phpapp01/85/Open-Content-and-Open-Data-54-320.jpg)
![‘In addition we are of the opinion that public
archive institutions need to be authorized to make
works in their collections available online for non
commercial purposes without the need to obtain
permission by the rights holders’
[position taken by the National Archive of the Netherlands in negotiations with rights holders]](https://image.slidesharecdn.com/120703ceusummercourse-120703085235-phpapp01/75/Open-Content-and-Open-Data-54-2048.jpg)
Uploaded byPaul Keller
Open Content and Open Data
The document discusses the importance of making public domain material digitized with public funding widely available for access and reuse, emphasizing that cultural institutions should ensure such content remains in the public domain. It highlights recommendations from the European Commission on improving access to digitized cultural material and discusses the complexities of copyright in relation to memory organizations. The document advocates for legislative changes to facilitate the online availability of works from public archives without needing permission from rights holders for non-commercial purposes.
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Open Content and Open Data
- 1. Open Content and Open Data Paul Keller, CEU Budapest, 3 July 2012
- 3. (1) copyright, content & metadata
- 4. (1) copyright, content & metadata (2) the public task & open data
- 5. copyright, content & metadata
- 8. ~1850 1941
- 9. ~1850 1941
- 10. ~1850 1941
- 13. Cultural institutions should make public domain material digitised with public funding as widely available as possible for access and re-‐use. This should be part of the funding conditions for digitisation across Europe. (Key recommendation 1, p.5)
- 14. Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011):
- 15. Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011): ... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by:
- 16. Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011): ... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by: • ensuring that material in the public domain remains in the public domain after digitisation,
- 17. Europeam Commission recommendation on the digitisation and online accessibility of cultural material (27 October 2011): ... recommends that Member States improve access to and use of digitised cultural material that is in the public domain by: • ensuring that material in the public domain remains in the public domain after digitisation, • promoting the widest possible access to digitised public domain material as well as the widest possible re-‐use of the material for non-‐ commercial and commercial purposes
- 18. ~1850 1941
- 19. knowledge ignorance known known we know unkowns knowns we don’t unknown unknown know knowns unknowns
- 20. knowledge ignorance known known we know unkowns knowns we don’t unknown unknown know knowns unknowns Donald R. Rumsfeld
- 21. knowledge ignorance known known we know unkowns knowns we don’t unknown unknown know knowns unknowns Slavoj Žižek Donald R. Rumsfeld
- 22. rights not rights expired expired rightsholder known known known knowns unkowns rightsholder unknown unknown unknown knowns unknowns
- 23. rights not rights expired expired rightsholder known known © unkowns rightsholder unknown unknown unknown knowns unknowns
- 24. rights not rights expired expired rightsholder public known © domain rightsholder unknown unknown unknown knowns unknowns
- 25. rights not rights expired expired rightsholder public known © domain rightsholder unknown orphan unknown unknowns
- 26. rights not rights expired expired rightsholder public known © domain rightsholder orphans >1850 orphan 1850> public domain unknown
- 27. Content that is under copyright (not PD)
- 28. Content that is under copyright (not PD) • For material that is still under copyright and where the author is known, you need permission to make the work available online (in many cases also to digitize it)
- 29. Content that is under copyright (not PD) • For material that is still under copyright and where the author is known, you need permission to make the work available online (in many cases also to digitize it) • For material that is still under copyright and where the author is not known (or cannot be found) you still have to obtain permission -‐-‐> ‘Hostage Works’
- 30. Content that is under copyright (not PD) • For material that is still under copyright and where the author is known, you need permission to make the work available online (in many cases also to digitize it) • For material that is still under copyright and where the author is not known (or cannot be found) you still have to obtain permission -‐-‐> ‘Hostage Works’ • This means that you have do ‘rights clearance’ before these works can be used online.
- 32. A word on Creative Commons licenses
- 33. A word on Creative Commons licenses • They are not a tool for rights clearance! you can only use a Creative Commons license if you are the rights holder or if you have permission from the rights holder.
- 34. A word on Creative Commons licenses • They are not a tool for rights clearance! you can only use a Creative Commons license if you are the rights holder or if you have permission from the rights holder. • Also you cannot apply a Creative Commons license to works that are in the public domain.
- 35. A word on Creative Commons licenses • They are not a tool for rights clearance! you can only use a Creative Commons license if you are the rights holder or if you have permission from the rights holder. • Also you cannot apply a Creative Commons license to works that are in the public domain. • This means that memory institutions can generally only apply them to works/collections for whom they are the rights holder.
- 36. A word on Creative Commons licenses • They are not a tool for rights clearance! you can only use a Creative Commons license if you are the rights holder or if you have permission from the rights holder. • Also you cannot apply a Creative Commons license to works that are in the public domain. • This means that memory institutions can generally only apply them to works/collections for whom they are the rights holder. • Free CC licenses are a very powerful tool to encourage re-‐use of works in the collection of memory organizations.
- 37. copyright, content & metadata
- 38.
- 39. Metadata is different! • Most metadata is not protected by copyright because it is factual data. (and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
- 41. Metadata is different! • Most metadata is not protected by copyright because it is factual data (and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right)
- 42. Metadata is different! • Most metadata is not protected by copyright because it is factual data (and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right) • When metadata is covered by copyright (for example longer, textual descriptions) the copyright generally rests with the memory organization.
- 43. Metadata is different! • Most metadata is not protected by copyright because it is factual data (and no, the fact that you invested in assembling it does not give you copyright although in europe it get’s you a database right) • When metadata is covered by copyright (for example longer, textual descriptions) the copyright generally rests with the memory organization. • As a result memory organizations can generally decide themselves if and under which conditions they want to make their metadata available.
- 44.
- 45. Europeana Licensing Framework Layer #1: Digital objects (on the site of the provider)
- 46. Europeana Licensing Framework Layer #2: Previews (lower quality versions of #1) Layer #1: Digital objects (on the site of the provider)
- 47. Europeana Licensing Framework Layer #3: Metadata (descriptive information of object) Layer #2: Previews (lower quality versions of #1) Layer #1: Digital objects (on the site of the provider)
- 48. Europeana Licensing Framework Layer #3: Metadata (descriptive information of object) Layer #2: Previews (lower quality versions of #1) EDM:rights Layer #1: Digital objects (on the site of the provider)
- 49. Europeana Licensing Framework Layer #3: Metadata (descriptive information of object) Layer #2: Previews (lower quality versions of #1) Layer #1: Digital objects (on the site of the provider)
- 51. copyright, content & metadata (summary)
- 52. copyright, content & metadata (summary) • It is important to ensure that Public Domain Content stays in the public domain and is not misappropriated by memory institutions • Metadata should be made available without any restrictions. Europeana and the DPLA set good examples here that should become the general code of conduct among all memory organizations • We need legal instruments that allow memory institutions to make available the content in their collections available online. This will require legislative change.
- 53. the public task & open data
- 54. ‘In addition weare of the opinion that public archive institutions need to be authorized to make works in their collections available online for non commercial purposes without the need to obtain permission by the rights holders’ [position taken by the National Archive of the Netherlands in negotiations with rights holders]
- 56. main aspects of the proposal • will require not only access to public sector information but also the free re-‐use of (almost) all publicly accessible public sector information • proposes to expand the scope of the directive to include memory institutions: Libraries, Archives & Museums (but interestingly does not expand it to producing institutions such as public broadcasters)
- 57. question: should the scope of the PSI be expanded to memory institutions?