Nerida Quatermass
Full Webinar: https://youtu.be/EDhJTCm9RN8
Transcript: https://www.slideshare.net/AustralianNationalDataService/transcript-4-fair-r-for-reusable
Other webinars in the series: http://www.ands.org.au/news-and-events/events/fair-webinar-series
4. Fact Sheet on Creative Commons & Open
Science
Open Data
CC Zero =
I want to waive all
of MY rights
5. • enforcible and compatible
with international
copyright law
• Communicates extent of
re-use rights
• Enables search and
discovery on the internet
About the licences
8. Mark your work
Marking
• Copy from the licence chooser
• Use a creation tool that has a CC Add-in e.g. Microsoft
Office
• Manually mark in plain text, e.g. typing "CC BY" or
"Creative Commons Attribution licence”
• Paste in the license URL e.g.
https://creativecommons.org/licenses/by/4.0/
• Use CC's downloadable licence icons &/or buttons
https://creativecommons.org/about/downloads/
• Use a content platform that has CC licence options
10. Useful resources
CC DATA FAQ
CC0 FAQ
CC WIKI: Data
AusGOAL: suite of licences and related tools
Article: CC0 and Data Citation Michael Wolfe 2017
Fact Sheet: Creative Commons & Open Science Creative Commons UK
2017
Notes de l'éditeur
Copyright law grants the monopoly over a work in material form to the “owner” of it. CC licences have filled a need for a public licence ie. one that anybody can rely on as permission to re-use a work. Before CC licences, the only way to get re-use rights was by exceptions allowed in copyright law or, licences directly negotiated between a copyright owner and a licencee.
Public licences like CC are central to opening up access to research output, including sharing of data associated with these.
I’ve put an open access spectrum there because it’s really important to distinguish between free access and re-usability which starts with permission to share, and extends to the right to make derivative works.
These permissions to re-use are communicated with a clear machine readable licence
You are probably all know about CC licences. But as an overview:
Four licence elements can be combined, resulting in Six CC licenses.
They are featured in this slide on a spectrum of allowing more to less re-use of a work.
The most open or permissive licence is Attribution, the most restrictive is Attribution-Noncommercial-NoDerivatives.
The “free cultural Works seal” was developed for Wikimedia content. It signals an important delineation between less and more restrictive licenses applied to works in the digital commons. It distinguishes non-software works.
In addition to the licenses, CC offers two public domain tools.
CC0, the public domain tool, for creators, and
The PD Mark is used to indicate works that are already in the PD. (used commonly by cultural heritage institutions in digital collections) (C with a strikethrough)
CC0 can be particularly important to maximize the re-use of data and databases because it otherwise may be unclear whether highly factual data and databases are restricted by copyright or other rights. CC0 is intended to cover all copyright and database rights, so however data and databases are restricted under copyright or otherwise, those rights are all surrendered.
It is foremost a waiver. It means you waive all of YOUR rights so that you have zero rights left in a work, effectively dedicating it to the public domain.
It has a legal code beneath it, because you need a legal mechanism to relinquish your rights.
When you release content under CC Zero, you are explicitly stating that you do not expect attribution. There's a little bit of uncertainty around CC0 because Australian moral rights are fairly new, but the licences are designed as carefully as possible to respect the author's wishes.
The mains point are:
Do license your data – international rules are too variable to rely on public domain
CC0 –ensures maximum compatibility with other licensed works and prevents attribution stacking (e.g. attributing many in a project; the immediate source of a derivative work +++ upstream works- there are other ways to acknowledge contribution)
Next best CC-BY – if really want attribution to be legal requirement.
The licences, communicate re-use rights through the three layer design-
1. The Legal Code is the legal instrument which states the terms and conditions of the licence
2. Human Readable format is a plain-language summary of the licence, with relevant icons to clearly indicates conditions of licensing and the re-use rights under the licence- You are free to… under the following terms
In addition to supporting its reuse by individuals the FAIR Principles put specific emphasis on enhancing the ability of machines to automatically find and use the data- bringing us to the third layer:
A machine-readable translation of the licence attaches to digital works or digital copies of work. The transation code (rights expression language) becomes embedded in the digital source, which helps search engines and other applications identify a work. This can also be achieved by uploading a work to a content sharing platform that supports CC licensing and takes care of the machine-readability for you.
It’s also important to mark a work with the licence. I’ll talk about marking shortly.
Regarding the robustness of the legal instrument:
The Creative Commons Licences have been upheld in every jurisdiction in which litigation concerning them has occurred. There have been no recorded cases of litigation concerning a Creative Commons Licence in Australia, which would tend to support the quality of their construction.
CC Licences are irrevocable, so last for the term of copyright.
The are non-exclusive, so it is open to the rights holder to apply another licence to the material should the need arise. For example, if you release material under a CC- Non-Commercial Licence, but a commercial partner wishes to exploit the material, you can enter into a separate licence with the commercial partner that permits commercial reuse. This is known as “Dual licensing”.
To maximise discoverability by search engines and software systems make sure to use our license chooser tool to get the machine-readable html code. The licence chooser also mints the licence for marking a work.
Four important things come out of this- licence selection, attribution, citation and more permissions:
1. Licence selection- guided by questions about what re-use you will allow:
Allow adaptations of your work to be shared?
Allow commercial uses of your work?
Remember that if your work is an adaptation of a work licensed under either CC BY-SA or CC BY-NC-SA, then your derivative work must be made available under the same license as per the ShareAlike condition.
2. Attribution is a base condition of all the CC licences.
Flexibility for attribution requirements: “reasonable to means, medium and context”- can link to separate resource-
licensor may waive some or all of the attribution requirements.
licensor may waive some or all of the attribution requirements-
3. Citation- location of the work, and also source works: Answers concerns from data creators about being able to find the original data.
If the work you are licensing is a derivative of another work, then then you need to communicate that your work is a derivative: including the source URL of the original work and derivative/ modification described.
When modifying materials under one of the Version 4.0 CC licenses, you must make a note of any modifications you make to the materials, regardless of whether the modification is significant enough to merit a derivative work, and provide URI back to source. Answers concerns from data creators about being able to find the original data.
It might be unfeasible to include attribution within a merged dataset in which case, include URI back to unmodified version.
Lastly, More permissions:
For example, if you license something under CC BY but are okay with people not attributing you in certain cases--this is your chance to specify those cases.
You can't change the terms of a CC license, but you can always grant additional permissions or warranties beyond what the license allows?
Does your work incorporate elements of several third party materials? – Mark these and provide attribution.
Marking communicates the licence ON the work: here is a list of ways to mark a work
Regarding content platforms: If there is no licence field there is usually a description or other free form field where you can enter info about a work.
My key message today is Re-use is a core component of FAIR data. So, do licence your data to enable re-use.
Creative Commons licenses provide a simple mechanism
to ensure that users of research have the rights they need to reuse, replicate, and apply research outputs and data.
To disseminate and communicate research output in order to maximise the impact of work while protecting intellectual property and academic integrity
With built in attribution and citation which creates a clear path to the original data.