Fwd: [RDA-CODATA-cwg-LegalInterop] [rda-legalinterop-ig][rda-outputs-ip] Appropriate licenses or waivers for RDA oputput?

06 Jan 2014

-m.
Sent from my iPad
Begin forwarded message:
From: "White, Ben" <***@***.***>
Date: January 6, 2014 at 1:32:02 AM MST
To: <***@***.***-groups.org>
Cc: RDA Outputs and IP Task Force <***@***.***-groups.org>, <***@***.***-groups.org>, "***@***.***-alliance.org" <***@***.***-alliance.org>
Subject: Re: [RDA-CODATA-cwg-LegalInterop] [rda-legalinterop-ig][rda-outputs-ip] Appropriate licenses or waivers for RDA oputput?
Dear Mark
I have not contributed before on the list. My name is Benjamin White, and I am Head of Intellectual Property at the British Library.
I am aware that Creative Commons are working on public statements on CC licences, the requirement for attribution and how that is possible in the context of large scale text and data mining. I don't think the copyright / moral right idea of attribution maps well to big data. For example the requirement to attribute is non sensical when mining 1000s of articles of indeed when TDM is deriving results from what has NOT been written about in the text.
For this reason my preference would to say CC 0 with a strong statement that attribution should be used as a matter of professional ethics, when at all possible and practical.
I would also like a very strong statement in here that in many jurisdictions (am thinking the EU) the creation of nearly all forms of data automatically attracts sui generis database rights and depending on the contents, copyright also. Researchers should therefore ALWAYS ALWAYS seek to ensure clarity through clear licensing of that data.
I really do not think this can be over stressed. I have seen / heard so many statements from different organisations, and been at EU hearings also, where sharing of data has been discussed ad nauseum and yet NO mention of the fact that databases / arrangements of data attract IPR and therefore can be a barrier to sharing.
I would favour a CC0 approach with soft norms like professional ethics etc being used to deal with issues like attribution.
Regards
Ben
On 2 Jan 2014, at 20:07, "Mark Parsons"
<***@***.***> wrote:
Hi all,
Happy new year!
Just a little reminder that we would welcome yopur input on the draft RDA Outputs and IP policy: https://rd-alliance.org/groups/rda-outputs-and-ip-task-force/wiki/draft-...
We are especially interested in your thoughts on CC-BY as the default license.
cheers,
-m.
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  • Mark Parsons's picture

    Author: Mark Parsons

    Date: 06 Jan, 2014

    -m.
    Sent from my iPad
    Begin forwarded message:
    From: Pawel Kamocki
    <***@***.***>
    Date: January 6, 2014 at 3:03:40 AM MST
    To: "White, Ben" <***@***.***>
    Cc: <***@***.***-groups.org>, <***@***.***-groups.org>, "***@***.***-alliance.org" <***@***.***-alliance.org>
    Subject: Re: [RDA-CODATA-cwg-LegalInterop] [rda-legalinterop-ig][rda-outputs-ip] Appropriate licenses or waivers for RDA oputput?
    Dear Mark, dear Ben, dear all,
    In principle I agree with Ben’s arguments; however, I’d like to raise two points:
    1. As far as I understand - please correct me if I’m wrong - the debate is about choosing appropriate licenses for RDA Discussion Documents, Policies, Working Group Statements and Recommendations on Data (not Implementations). In case of such documents, I imagine, the BY requirement will not be that hard to meet and it will not produce a chilling effect (even though when it comes to Discussion Documents all the participants will probably have to be given credit). Also, BY requirement is perfectly in line with ethical/academic rules.
    2. The real problem is that CC0 is not enforceable as a waiver in most jurisdictions in mainland Europe (for sure not in France and not in Germany), where moral rights cannot (including attribution) be waived. In such jurisdictions CC0 is valid as the broadest possible copyright license, i.e. - mutatis mutandis - CC-BY (from the legal point of view I'm oversimplifying, but only a tiny little bit - again correct me if I’m wrong). The problem is that researchers are usually not aware of this fact, which may lead to unintended copyright infringements.
    To put it shortly - I think that instead of licensing these documents under CC0 which in many cases will only mean as much as a « hidden » CC-BY, it’s better to choose CC-BY directly. I am not perfectly aware of the place that mainland Europe occupies on a « data science roadmap », but I presume that it is a place that should not be ignored.
    Then again - in many jurisdictions (the US, also the UK as I presume, and certainly many others) CC0 is an enforceable waiver and in these jurisdictions it will work perfectly fine (CC-BY would also work fine, but with this additional requirement).
    A possible solution may be double licensing - allowing the user to choose between CC0 and CC-BY. But then again - there is a risk of unintended infringements (people choosing - unenforceable in their jurisdictions - CC0 rather than CC-BY).
    The question should in fact be: do we think that the BY requirement would really discourage potential users from using the RDA documents (i.e. lead to attribution stacking)?
    Kind regards
    PK
    Le 6 janv. 2014 à 09:32, White, Ben <***@***.***> a écrit :
    Dear Mark
    I have not contributed before on the list. My name is Benjamin White, and I am Head of Intellectual Property at the British Library.
    I am aware that Creative Commons are working on public statements on CC licences, the requirement for attribution and how that is possible in the context of large scale text and data mining. I don't think the copyright / moral right idea of attribution maps well to big data. For example the requirement to attribute is non sensical when mining 1000s of articles of indeed when TDM is deriving results from what has NOT been written about in the text.
    For this reason my preference would to say CC 0 with a strong statement that attribution should be used as a matter of professional ethics, when at all possible and practical.
    I would also like a very strong statement in here that in many jurisdictions (am thinking the EU) the creation of nearly all forms of data automatically attracts sui generis database rights and depending on the contents, copyright also. Researchers should therefore ALWAYS ALWAYS seek to ensure clarity through clear licensing of that data.
    I really do not think this can be over stressed. I have seen / heard so many statements from different organisations, and been at EU hearings also, where sharing of data has been discussed ad nauseum and yet NO mention of the fact that databases / arrangements of data attract IPR and therefore can be a barrier to sharing.
    I would favour a CC0 approach with soft norms like professional ethics etc being used to deal with issues like attribution.
    Regards
    Ben
    On 2 Jan 2014, at 20:07, "Mark Parsons"
    <***@***.***> wrote:
    Hi all,
    Happy new year!
    Just a little reminder that we would welcome yopur input on the draft RDA Outputs and IP policy: https://rd-alliance.org/groups/rda-outputs-and-ip-task-force/wiki/draft-...
    We are especially interested in your thoughts on CC-BY as the default license.
    cheers,
    -m.
    --
    Full post: http://www.rd-alliance.org/appropriate-licenses-or-waivers-rda-output.html
    Manage my subscriptions: http://www.rd-alliance.org/mailinglist
    Stop emails for this post: http://www.rd-alliance.org/mailinglist/unsubscribe/1118
    _______________________________________________
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    http://lists.lists.rd-alliance.org/mailman/listinfo/rda-cwg-legalinterop
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