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Openness/Open Access for Public Sector Information and Works — the Creative Commons Licensing Model

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Openness/Open Access for Public Sector Information and Works — the Creative Commons Licensing Model OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL European Public Sector Information Platform Topic Report No. 2015 / 06 Openness/Open Access for Public Sector information and works — the Creative Commons licensing model Authors: Dr. Marinos Papadopoulos; Dr. Charalampos Bratsas Published: June 2015 ePSIplatform Topic Report No. 2015 / 06 , June 2015 1 OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL Table of Contents Keywords ...................................................................................................................................... 3 Abstract/ EXecutive Summary ....................................................................................................... 3 1 Openness/Open Access .......................................................................................................... 4 2 Directive 2003/98/EC as amended by Directive 2013/37/EU & the Creative Commons licensing model (Copyleft licensing) ............................................................................................ 14 3 Conclusions ........................................................................................................................... 29 References .................................................................................................................................. 31 About the Authors ...................................................................................................................... 35 Copyright information ................................................................................................................. 37 ePSIplatform Topic Report No. 2015 / 06 , June 2015 2 OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL Keywords Copyright, Copyleft, Creative Commons, Open Knowledge Foundation, Public Sector organizations, PSI Directive, Directive 2003/98/EC, Directive 2013/37/EU, Greek Law 3448/2006, Greek Law 4305/2014, Presidential Decree 28/2015, Open access and reuse of documents, data and public sector information, Openness, Open Access Abstract/ Executive Summary This paper focuses on the issue of Openness/Open Access implemented through Copyleft licensing such as the Creative Commons licensing model for information, data, and works produced by Public Sector organizations. The analysis provided herewith describes the CC licensing option seen under the prism of Directive 2003/98/EC as amended by Directive 2013/37/EU implemented in Greece through Laws 3448/2006, 4305/2014, and Presidential Decree 28/2015. The authors conclude that CC licensing fits in the provisions of the legal framework that transposes into national law the provisions of Directives 2003/98/EC and 2013/37/EU. ePSIplatform Topic Report No. 2015 / 06 , June 2015 3 OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL 1 Openness/Open Access Openness has been high in the agenda of Copyright reform during the last years. Copyright applies to all literary, artistic and scientific works including, of course, the works produced in Public Sector organization; thus, there is Copyright in all kind of copyrightable works either they are produced in the Public or in the Private sectors and either they are produced by individuals or group of natural or legal persons, such as newspapers, reports, books, blogs and content produced online, music, dance, paintings, sculptures, movies, scientific articles and computer software. Copyright restricts the ability of third parties to use copyrighted works without securing permission from the copyright holder. Copyright does not provide any ownership over facts, ideas and news, although a unique eXpression of such material would enjoy protection from copying of its unique expressive elements. Because a copyright may be bought and sold, the copyright holder may be a party other than the original author, such as a publisher. Copyright protection is thus fundamental to the system of licensing and payment for access to creative works that drive various cultural industries. Openness implemented through the Creative Commons licensing model makes it suitable especially for the public sector information; both the Creative Commons licensing model and the public sector information meet the following access characteristics (Eechoud, van M., and Wal, van der B., 2008):1 1. Public access is the chief principle because the public sector information is subject to specific regulation, and 2. Access is not granted under cost recovery model, i.e. going beyond charges for the cost of dissemination. Both prerequisites are characteristics of the Creative Commons model which is based on non- discriminatory access and does not allow royalties to be charged for the dissemination of licensed works. Openness is about the right and the ability to modify, repackage, and add value to a resource (Organisation for Economic Cooperation & Development, (2007), ibid, pp.32-36; Rens, A. J., 1 Eechoud, van M., and Wal, van der B., (2008), Creative commons licensing for public sector information— Opportunities and pitfalls, IVir, p.3, available at http://learn.creativecommons.org/wp- content/uploads/2008/03/cc_publicsectorinformation_report_v3.pdf , p.III [last check, April 5, 2015]. ePSIplatform Topic Report No. 2015 / 06 , June 2015 4 OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL and Kahn, R., 2009; Rens, A. J., and Kahn, R., (2009). 2 This kind of openness blurs the traditional distinction between the consumer and the producer of resources. The term “user- producer” is sometimes used to highlight this blurring of roles (Rossini, C.A.A., 2010).3 In that sense, Openness leveraging upon open data or open access licensed works produced by legal entities or natural persons operating or working in the Public Sector should make possible the following three freedoms (Centivany, A., and Glushko, B., 2010):4 1. The freedom to study a work and apply knowledge offered from it. 2. The freedom to redistribute copies, in whole or in part, of a work. 3. The freedom to make improvements or other changes, i.e. to make adaptations, to the content of a work, and to release modified copies of it. These freedoms are based on principles and definitions on the substance of open source, open knowledge (Rufus, P., and Jo, W., 2008)5 and open source/free software (The Debian Free Software Guidelines)6 as they have been shaped by Openness movements. The term Openness was coined to typify the open access to information or material resources needed for projects; openness to contributions from a diverse range of users, producers, contributors, flat hierarchies, and a fluid organisational structure. In the conteXt of the Budapest Open Access Initiative, (Chan, L., et al 2002)7 Openness in the sense of Open Access means the free availability of literature and works of authorship, audiovisual works etc. on the public Internet, permitting any users to read, download, copy, distribute, print, search, or link to the full teXts 2 Organisation for Economic Cooperation & Development, (2007), Giving Knowledge for Free: The Emergence of Open Educational Resources, available at http://www.oecd.org/edu/ceri/givingknowledgeforfreetheemergenceofopeneducationalresources.htm, pp.32-36; Rens, A. J., and Kahn, R., (2009), Access to Knowledge in South Africa: Country Study Version 2.0, available at http://ssrn.com/abstract=1455623 [last check, April 5, 2015]. 3 Rossini, C.A.A., (2010), Green-Paper: The State and Challenges of OER in Brazil: From Readers to Writers? , Berkman Center Research Publication No.2010-01, available at http://ssrn.com/abstract=1549922 [last check, April 5, 2015]. 4 Centivany, A., and Glushko, B., (2010), Open Educational Resources and the University: Law, Technology, and Magical Thinking, available at http://ssrn.com/abstract=1680562 [last check, April 5, 2015]. 5 Rufus, P., and Jo, W., (2008), Open Knowledge: Promises and Challenges, Communia Workshop 2008, available at http://www.communia- project.eu/communiafiles/ws01p_Open%20Knowledge%20Promises%20and%20Challenges.pdf [last check, April 5, 2015]. 6 The Debian Free Software Guidelines, http://www.debian.org/social_contract#guidelines [last check, April 5, 2015], part of the Debian Social Contract available at http://www.debian.org/social_contract [last check, April 5, 2015] provided for the Open Source Definition and the criteria that a software license must fulfil in order to be considered as free: it must allow free redistribution and modification, ensure availability of source code, not discriminate against persons, groups or fields of endeavour (e.g. it must not prohibit use of the software for genetic research), it must not place restrictions on other software that is distributed along with the licensed software, and it must present technological neutrality as well as independence from a specific product. 7 Chan, L., Cuplinskas, D., Eisen, M., Friend, F., Genova, Y., Guedon, J-C., Hagemann, M., Harnad, S., Johnson, R., Kupryte, R., Manna, M., Rev, I., Segbert, M., Souza, S., Suber, P., Velterop, J., (2002), The Budapest Open Access Initiative, available at http://www.soros.org/openaccess/read.shtml [last check, April 5, 2015]. ePSIplatform Topic Report No. 2015 / 06 , June 2015 5 OPENNESS/OPEN ACCESS FOR PSI AND WORKS – THE CC LICENSING MODEL of these articles, crawl them for indeXing, pass them as data to software, or use them for any other lawful purpose, without financial (Suber, P., 2012),8 9 legal (Suber, P., 2012),10 11 or technical barriers (Suber, P., 2012)12 other than those
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