1. Europeana: Key elements of the Licensing Framework ICOLC Paris – 27.10.2009 – v4.3 EN patrick.peiffer@bnl.etat.lu

2. Who and when Europeana Connect coordinated by National Library of Austria The Licensing work package is based at National Library of Luxembourg, partners are IvIR and Kennisland Amsterdam Christmas 2009: “Pragmatic” licensing ready Governs the 1.0 release of Europeana, mid 2010 Mid 2010, final licensing framework ready Governs the 2.0 release of Europeana, mid 2011 2

3. Definitions (“You” = Data Provider) Data Content (Original, full, high-res objects at your site) Previews (Thumbnails, video/audio snippets, etc. of your Content) Metadata (Your descriptions of your Content) Context Resources (Thesauri, vocabularies, ontologies, …) Europeana Data (New, semantic Data based on your Metadata) Parties Data Providers Data Aggregators Europeana (EDL Foundation) End Users (Third Parties) 3

4. Goals Europeana is a discovery tool for your Content on your site Needs your Metadata Semantic web technology is used to create Europeana Data from your Metadata by enriching, contextualising, transforming and translating it 4

5. How are goals achieved? Agreements concerning your Metadata and Previews Agreements are streamlined, yet offer choices to allow for existing business models and domain differences Balance is needed between number of choices and simplicity of agreements Agreements are based on the “Clean hands model”: Europeana assumes rights have been cleared Applies equally to Data Aggregators 5

6. Your choices Metadata choices Preview choices Rights information about Content Implemented as tick boxes in the paper contract and as tags directly in the digital Data. Online licence chooser tool to assure compliance 6

7. Metadata use by Europeana – Basics Permission to create, make available and share Europeana Data, based on your Metadata Basic prerequisite for participating in Europeana No choices here Commercial use of your Metadata / Previews by Europeana itself Simple choice, yes/no 7

8. Third party re-use of Metadata / Previews - Basics Sharing of Metadata is always allowed, but subject to restrictions you choose Sharing of Previews may be restricted, subject to rights cleared and restrictions you choose If Preview rights are cleared, Preview sharing should follow the same principles as Metadata The choices concern Commercial use and Transformations 8

9. Third party re-use of Metadata / Previews: Allow Commercial use and Transformations? Transformations: YES - Commercial use: YES Use Creative Commons BY-SA (share-alike) Transformations: YES - Commercial use: NO Use Creative Commons BY-NC-SA (non-commercial, share-alike) Transformations: NO - Commercial use: YES Use Creative Commons BY-ND (non-derivative) Transformations: NO - Commercial use: NO Use Creative Commons BY-ND-NC (non-derivative, non-commercial) 9

10. Agreement basics If CC use is not possible, Europeana proposes its own terms of use for third parties, offering comparable licence elements Re-use alongside adverts (i.e. on the same page) is not considered commercial use Attribution of your Institution is always required Europeana agreements explicitly exclude Trademarks, Patents, Moral rights 10

11. Agreement basics – Sharing Licensing conditions always "travel" with third parties who re- use. The "share-alike" condition additionally ensures that transformations are kept under same licence No revocation of validly obtained licensing conditions and valid re-uses from third parties (would require tracking!) 11

12. Metadata / Previews in the public domain If there are no copyrights through expiration because originality requirement is not fulfilled You state that Metadata / Previews are Public Domain In that case transformations and commercial use by anyone are allowed You may also waive existing copyrights (if you own them), then Metadata / Previews are re-used like Public Domain Note: Possible moral rights are not affected by this 12

13. Rights information about Content Providing information about the rights status of your Content makes discovery much more attractive as Users can filter a result set Example: Teacher looking for images to illustrate coursework wants to filter images that can be re-used in high resolution for free This is only for information! Europeana does not want your Content A limited set of rights status tags will be available Unknown (Default if no information provided) Public Domain Open Licence Restricted Use Other? 13

14. Final remarks Metadata rights clearance is relatively easy compared to Content rights clearance Institutions often own metadata rights themselves Subtext: we are aiming low here … Importance of common definition of the Public Domain Forthcoming Public Domain Charter 14

15. Final remarks The current gap between data and content licensing must be overcome for next generation „linked data“ technologies, where ownership and copying are conceptually different New, homogeneous licensing models and legal certainty are needed. Europeana is a part of this evolution. Homogeneity is required for Common legal basis for making available Legal certainty for orphan works Cross-border access Public Domain definition 15

16. Central Licensing for Science and Education? ”A typical European university is required to sign a hundred or more licenses governing the use of digital research material supplied by various publishers. Examining what each of these individual licenses permit with respect to e.g. access, printing, storage and copying is a cumbersome process. They also contend that trans- national licensing within the EU is difficult or impossible. Libraries and universities assert that it would be more practical and efficient to have one central organisation to grant a wide range of online rights with respect to digital material.” COM (2009) 532 19.0.2009 - http://tinyurl.com/ygsgxx7 16

17. Motivations and outlook The following slides provide examples of relevant projects and background thinking on re-use by third parties 17

18. Making re-use choices for third parties Online re-use includes practices of collaboration, transformation and making available in different contexts Restricting re-use to "no transformation allowed” severely hampers these practices Online re-use is not a one-to-one practice but many-to-many Allowing the same licensing conditions to travel with the people who re-use is important. Share-alike conditions also force transformations to stay under the same licences Online re-use is by definition a public re-use. Restricting re-use to "private use only", effectively means no meaningful online re-use. 18

19. Making re-use choices for third parties (cont.) In a knowledge society, lifelong learning takes place on the public internet Restricting re-use to "teaching and scientific" use only, effectively means no public online re-use The public internet (and many offline publications) is co- financed to a large degree by advertising Restricting re-use to non-commercial use only, as well as considering the presence of adverts a commercial use, effectively disables a large part of online re-use. Collaboration with Wikipedia requires public domain material or use of CC-BY or CC-BY-SA 19

20. Examples of heritage online re-use OECD Recommendations on Learning Resources http://www.oecd.org/dataoecd/35/7/38654317.pdf Less restrictions = More re-use, less ambiguity Wikipedia Commons – Bundesarchiv http://commons.wikipedia.org/wiki/Commons:Bundesarchiv Win-win, as this period has few images in Wikipedia and Bundesarchiv crowdsources annotations. CC BY-SA 3.0 Germany Flickr – Commons http://www.flickr.com/commons 28 institutions publishing images under „No known copyright restrictions“ guideline. 20

21. Examples of heritage online re-use (cont) Smithsonian 2.0 http://smithsonian20.typepad.com Online strategy development including support for lifelong learning, and establishment of a „Smithsonian Commons“ GLAM-Recommendations http://wikimedia.org.au/wiki/GLAM-WIKI Report on using the communities of Wikipedia and the Australasian cultural sector to mutual advantage Wir waren so frei (Images of the German reunification) http://wir-waren-so-frei.de Deutsche Kinemathek and Internet Archive using CC licences 21

22. Thanks for your interest and attention! patrick.peiffer@bnl.etat.lu 22