The Digital Public Domain

THE DIGITAL PUBLIC DOMAIN THE DIGITAL PUBLIC DOMAIN21March.indd 1 3/26/12 3:22 PM Melanie Dulong de Rosnay is a researcher at the CNRS Institute for Communication Sciences and associated researcher at CERSA (CNRS University Paris 2) where she is Creative Commons France legal lead. In 2011 she co-founded Communia international association on the digital public domain, which she currently chairs. She works on comparative public policies for open access and on transformation of regulation introduced by distributed architectures. Juan Carlos De Martin is a Faculty Fellow at the Berkman Center for Internet & Society at Harvard University and co-director of the NEXA Center for Internet & Society at the Turin Polytechnic (Politecnico di Torino), Italy, which he co-founded in 2006. He is a Professor of Computer Engineering, with research interests focusing on digital media processing and transmission. De Martin also serves as a member of the Scientific Board of the Institute of the Italian Encyclopedia Treccani and of the Biennale Democrazia. THE DIGITAL PUBLIC DOMAIN21March.indd 2 3/26/12 3:22 PM The Digital Public Domain: Foundations for an Open Culture Edited by Melanie Dulong de Rosnay and Juan Carlos De Martin THE DIGITAL PUBLIC DOMAIN21March.indd 3 3/26/12 3:22 PM Open Book Publishers CIC Ltd., 40 Devonshire Road, Cambridge, CB1 2BL, United Kingdom http://www.openbookpublishers.com © 2012 Melanie Dulong de Rosnay and Juan Carlos De Martin The articles of this book are licensed under a Creative Commons Attribution 3.0 unported license available at http://creativecommons.org/licenses/by/3.0/ This license allows you to share, copy, distribute and transmit the work; to adapt the work and to make commercial use of the work. The work must be attributed to the respective authors (but not in any way that suggests that they endorse you or your use of the work). As with all Open Book Publishers titles, digital material and resources associated with this volume are available from our website: http://www.openbookpublishers.com/product/93 ISBN Hardback: 978–1-906924–46-1 ISBN Paperback: 978–1-906924–45-4 ISBN Digital (pdf): 978–1-906924–47-8 ISBN Digital ebook (epub version): 978–1-906924–75-1 ISBN Digital ebook (mobi version): 978–1-906924–76-8 Typesetting by www.bookgenie.in The cover image by John Pryere Coleman is also licensed under the Creative Commons Attribution 3.0 unported license. His work is available at: www.flickr.com/photos/26628378@N03 The book was funded by the European Union under the eContentplus framework project ECP-2006-PSI-610001 All paper used by Open Book Publishers is SFI (Sustainable Forestry Initiative), PEFC (Programme for the Endorsement of Forest Certification Schemes) and Forest Stewardship Council (FSC) certified. Printed in the United Kingdom and United States by Lightning Source for Open Book Publishers THE DIGITAL PUBLIC DOMAIN21March.indd 4 3/26/12 3:22 PM Contents Page Contributors vii Foreword xi Charles R. Nesson Introduction xv Melanie Dulong de Rosnay and Juan Carlos De Martin The Public Domain Manifesto xix I. Introducing the Digital Public Domain 1 1. Communia and the European Public Domain Project: A Politics of the Public Domain 3 Giancarlo Frosio II. Legal Framework 47 2. Consume and Share: Making Copyright Fit for the Digital Agenda 49 Marco Ricolfi 3. Evaluating Directive 2001/29/EC in the Light of the Digital Public Domain 61 Lucie Guibault 4. Building Digital Commons through Open Access Management of Copyright-related Rights 81 Giuseppe Mazziotti THE DIGITAL PUBLIC DOMAIN21March.indd 5 3/26/12 3:22 PM vi The Digital Public Domain III. Developments and Case Studies 93 5. Contractually-constructed Research Commons: A Critical Economic Appraisal 95 Enrico Bertacchini 6. Social Motivations and Incentives in Ex Situ Conservation of Microbial Genetic Resources 111 Tom Dedeurwaerdere, Per M. Stromberg and Unai Pascual 7. Open Knowledge: Promises and Challenges 125 Rufus Pollock and Jo Walsh 8. Science Commons: Building the Research Web 133 Kaitlin Thaney 9. The DRIVER Project: The Socio-economic Benefits of a European Scientific Commons 139 Karen Van Godtsenhoven 10. CC REL: The Creative Commons Rights Expression Language 149 Hal Abelson, Ben Adida, Mike Linksvayer and Nathan Yergler 11. The Value of Registering Creative Works 189 Roland Alton-Scheidl, Joe Benso and Martin Springer Select Bibliography of Resources Cited 205 A. Websites 205 B. Reports, Conference Papers and Working Papers 207 C. Books, Papers and Newspaper Articles 212 THE DIGITAL PUBLIC DOMAIN21March.indd 6 3/26/12 3:22 PM Contributors Hal Abelson is Professor of Electrical Engineering and Computer Science at MIT and a founding director of Creative Commons. Ben Adida is Tech Lead on Identity and User Data at Mozilla and a technical advisor to Creative Commons. Roland Alton-Scheidl is founder of the Public Voice Lab, a Board Member of the International Media Association co-operative and Vice President of the Creative Industries Association in Austria. He teaches at the Vorarlberg University of Applied Sciences where he has recently established courses on media and business ethics. He can be reached at [email protected]. Joe Benso is a professional music manager, member of the International Media Association and founder of OneLoudr.com. He is teaching at Southern Illinois University and is based in Dornbirn and Nashville. He can be reached at [email protected]. Enrico Bertacchini is a researcher at the Department of Economics “Cognetti De Martiis”, University of Turin, and Fellow of the Nexa Center for Internet & Society, Turin Polytechnic (Politecnico di Torino). He can be reached at [email protected]. Tom Dedeurwaerdere is Professor at the Université Catholique de Louvain, Director of the BIOGOV Unit at the Centre for the Philosophy of Law (CPDR) and Research Associate of the National Foundation for Scientific Research, Belgium (FSR-FNRS). He can be reached at [email protected]. Giancarlo Frosio was serving as the Chief Editor and author of the Communia Final Report from 2010 to 2011, and is the Assistant Director THE DIGITAL PUBLIC DOMAIN21March.indd 7 3/26/12 3:22 PM viii The Digital Public Domain of the LLM in Intellectual Property jointly organized by WIPO and the University of Turin. He can be reached at [email protected]. Lucie Guibault is Assistant Professor at the Institute for Information Law, University of Amsterdam. She can be reached at [email protected]. Mike Linksvayer has served as Vice President and CTO at Creative Commons. He can be reached at [email protected]. Giuseppe Mazziotti worked as an attorney and then as counsel with Nunziante Magrone in Rome from 2007 to 2011. From 2009 to 2011 he was Assistant Professor of intellectual property law at the University of Copenhagen. He is now a Fellow at the Berkman Center for Internet and Society at Harvard Law School and can be reached at giuseppe.mazziotti@ gmail.com. Charles R. Nesson is the William F. Weld Professor of Law at Harvard Law School, and Founder and Faculty Co-Director of the Berkman Center for Internet & Society. He can be reached at [email protected]. Unai Pascual is Senior Lecturer at the Department of Land Economy, University of Cambridge and Professor (Ikerbasque) at the Basque Centre for Climate Change (BC3) in Bilbao. He can be reached at [email protected] Rufus Pollock was a Director and co-founder of the Open Knowledge Foundation and Mead Fellow in Economics at Emmanuel College, University of Cambridge (until September 2010). He is currently a Director of the Open Knowledge Foundation, a Shuttleworth Foundation Fellow and an Associate at the Centre for Intellectual Property and Information Law, University of Cambridge. He can be reached at [email protected]. Marco Ricolfi is Professor of Intellectual Property at the Turin Law School and co-Director of the LLM in Intellectual Property (jointly organized by WIPO and the University of Turin), and of the Nexa Center for Internet & Society, Turin Polytechnic. He is also a Partner at Tosetto, Weigmann & Associati and can be reached at [email protected]. Martin Springer is a research manager based in Berlin and was active for Semantic Copyright Standardisation at IEEE. He is also a member of the International Media Association and can be reached at [email protected]. THE DIGITAL PUBLIC DOMAIN21March.indd 8 3/26/12 3:22 PM Contributors ix Per M. Stromberg is Visiting Research Fellow at the Institute of Advanced Studies, United Nations University, Yokohama. He also works as an economist at the Policy Analysis Unit of the Swedish Environmental Protection Agency. He can be reached at Per.Stromberg@naturvardsverket. se. Kaitlin Thaney managed the science division of Creative Commons, formerly known as “Science Commons”, from 2006 to July 2010. She is now the Manager of External Partnerships at Digital Science, and can be reached at [email protected]. Karen Van Godtsenhoven was working on the DRIVER project at Ghent University Library and is now curator of the Fashion Museum (www.momu.be) in Antwerp. She can be reached at [email protected]. Jo Walsh has been on the Open Knowledge Foundation Board and is Project Manager at EDINA, University of Edinburgh. Nathan Yergler is Senior Software Engineer at Eventbrite and was previously CTO at Creative Commons. He can be reached at nathan@ yergler.net THE DIGITAL PUBLIC DOMAIN21March.indd 9 3/26/12 3:22 PM THE DIGITAL PUBLIC DOMAIN21March.indd 10 3/26/12 3:22 PM Foreword Charles R. Nesson The public domain is the sovereign space of all citizens of the world. Like the air we breathe, it is free for all people to use, without restriction, no rights reserved.

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