Public Domain Awareness Project (Wikimedia and CC) slideshow

Public Domain Awareness
Project
Enhancing use of CC’s Public Domain tools for
GLAM institutions and re-users
Part 1: Challenges to supporting a robust public
domain in a complicated ecosystem

Logistics for the whole session
Part 1: Speakers will give an introduction and general
overview to the problem, and temptative roadmap.
Part 2: Discussion in four break-out groups: Legal, GLAM,
Re-users, and Tech.
Part 3: Discussion of the roadmap, and follow-up on next
steps.

Agenda and notes
● Agenda for the whole session is available here:
http://bit.ly/pdaj-agenda
● General notes here: http://bit.ly/pdaj-notes
● Notes for each group here:
○ GLAM: http://bit.ly/pdaj-notes-glam
○ LEGAL: http://bit.ly/pdaj-notes-legal
○ TECH: http://bit.ly/pdaj-notes-tech
○ REUSERS: http://bit.ly/pdaj-notes-reusers

The Structure of the Public
Domain
Professor Michael Carroll
American University Washington College of Law

Public Domain is the default
The commons that we’re building starts with the public domain –
copyright, related rights, and special laws are temporary exceptions to
the commons.
One goal of CC licenses it to communicate the applicable terms of
permissions and use with licensed works.
Users do not currently have equal clarity about the public domain.

Public Domain is the default
Marking and tagging the Public Domain is valuable.
There are some complications, but this should still be the goal.

Copyright’s Recognition of the Public Domain
How do we get the absence of copyright?
• Not copyrightable – ideas, math, inventions, shapes, [data], etc
• Never copyrighted – Macbeth, the Illiad, the Grecian urn, the
pyramids, the Rosetta Stone,
• Was protected and copyright has expired

The Global Public Domain
• With respect to copyright expiration:
• Works from the early 19th century and before are in the global public
domain (even if there are other use-based restrictions)
• Otherwise, lack of harmonization creates complications for more
recent works.

The Global Public Domain - limits
• Timing for copyright expiration varies
• Some countries have special laws or term extensions for categories
or even individual works.
• Works created during WW II - France
• The Little Prince
• Crown copyright
• Then there are use-taxes on works in the Public Domain
• “Paying Public Domain” – small number of countries
• Peter Pan - UK
• Public Lending Right – more common
• Use of cultural heritage imagery

Creative Commons Public Domain Tools
PD - Creative Commons Public Domain Mark
• Used to mark existing 3rd party material in the global public domain.
• CC does not have jurisdiction-specific marking for PD works.
CC0 - Creative Commons Public Domain Waiver
• Where the creator intends to waive all copyright and related rights in
the work

Marking and Tagging the Public Domain
• Timing for copyright expiration varies
• Some countries have special laws or term extensions for categories
or even individual works.
• Works created during WW II - France
• Peter Pan or The Little Prince
• Crown copyright
• Then there are use-taxes on works in the Public Domain
• “Paying Public Domain”
• Public Lending Right
• Use of cultural heritage imagery

Marking and Tagging the Public Domain
Different Goals:
• Precision for institutions, archives, and GLAM professionals who want
to capture the information they have
• Encouragement and freedom to act for end users and creators.
We shouldn’t let complication obscure the value of marking the public
domain when we can.
• For areas where you have reasonable certainty, use the PD mark,
where you don’t, look to the Rights Statements
• Rights statements document important information, but they are not
licenses and have a different immediate purpose.

Article 14 DSM: Works of visual art in the public
domain
Member States shall provide that, when the term of protection of a work
of visual art has expired, any material resulting from an act of
reproduction of that work is not subject to copyright or related rights,
unless the material resulting from that act of reproduction is original in the
sense that it is the author's own intellectual creation.
❤️

Our objective: encourage the use of
standardised expression of rights information
in the cultural heritage sector

RightsStatements.org provides 12 standardized
rights statements for online cultural heritage
(intended for use in situations where the CC
licenses and PD tools cannot be used)

source: World copyright terms.svg by Balfour Smith, Canuckguy, Badseed, Martsniez, CC-
BY

Current approach:
● Separate jurisdiction specific statement
Alternative approach:
● General statement + rationale
● Rationale = jurisdiction or x years PMA?
● Encode death date in statement?
Jurisdiction specific No Copyright statements

Andrea
Wallace
Douglas
McCarthy

The Open GLAM survey examines how GLAMs make
open access data – whether digital objects,
metadata or text – available for re-use.
● Started in March 2018
● Informal and crowdsourced initiative
● Ongoing and growing:
30 GLAMs in March 2018 600+ GLAMs today
http://bit.ly/OpenGLAMsurvey
Douglas McCarthy and Andrea Wallace

Why we started the survey
● Information gap
○ Lack of up-to-date information on this topic
○ No ‘shared place’ to see/add relevant data
○ Perceived European & North American bias in the field;
we are motivated to discover the global picture
● To develop a resource for
○ people who want to find & use open content or data
○ GLAMs exploring open access data & policy

Definition of open access
‘Open means anyone can freely access, use, modify, and
share for any purpose.’ (The Open Definition)
https://medium.com/@CultureDoug/uncovering-the-global-picture-of-open-glam-af364aadeeee
Douglas McCarthy, “Uncovering the global picture of Open GLAM,” Medium 4 April 2019

Conformant legal tools
● Public Domain Mark
● CC0
● CC BY
● CC BY-SA
● No Known Copyright
and equivalents
https://medium.com/@CultureDoug/uncovering-the-global-picture-of-open-glam-af364aadeeee
Douglas McCarthy, “Uncovering the global picture of Open GLAM,” Medium 4 April 2019

Scope
● The survey covers only digital surrogates of objects in the
public domain, where any term of copyright for the material
object has expired or never existed in the first place
● The survey includes all GLAMs make available on their
websites and/or external platforms such as Github,
Europeana, German Digital Library or Wikimedia Commons
● Only open access data is eligible (no NC or ND licences)
https://medium.com/@CultureDoug/open-access-scope-in-open-glam-70461bec2bca
Douglas McCarthy, “Open Access Scope in Open GLAM,” Medium 6 May 2019

Policy vs practice
● The survey’s ‘Online Policy’ field links to the most relevant
rights policy and terms of use information that GLAMs
provide on their websites (when available),
BUT
- these pages are often generic and lacking in detail
- GLAM policy statements are often conflicting,
subject to change and do not expressly disclaim copyright
https://medium.com/@CultureDoug/licensing-policy-and-practice-in-open-glam-49c867b49de8
Douglas McCarthy, “Licensing policy and practice in Open GLAM,” Medium 16 April 2019

Medium Series
by Douglas McCarthy
Part 1: Uncovering the global picture of Open GLAM
https://medium.com/@CultureDoug/uncovering-
the-global-picture-of-open-glam-af364aadeeee
Part 2: Licensing policy and practice in Open GLAM
https://medium.com/@CultureDoug/licensing-
policy-and-practice-in-open-glam-49c867b49de8
Part 3: Open Access Scope in Open GLAM
https://medium.com/@CultureDoug/open-access-
scope-in-open-glam-70461bec2bca

Database of authors - Main challenges kickstarters
● Lack of local, accurate information about authors (i.e.
other databases such as VIAF are useless for GS);
● paying public domain, but no information about who’s in
the public domain;
● therefore no info about what works can be digitized,
impossibility to measure the impact of copyright
extensions.

Internationalization: only
adopted in some countries

Scalability: development, loads, digitization, all volunteer; no
funding

Technology: using Drupal with modules + PHP

Technology: few automated data extraction flows (regex + xpath)

Sources: lack of sources, © of original sources, digitization

Data roundtripping: info in WD doesn’t go back to CMS

Lack of institutional support: personal project style
"Arkhai" by Bianka Schumann is licensed under CC BY-NC 4.0

In a nutshell
● Scalability & internationalization: only replicated in a few
countries; volunteer work; manual loads
● Technology: the CMS is difficult to implement, install and
maintain; few automated data extraction workflows
● Sources: access to sources, © of original sources, digitization
● Data roundtripping: info that goes to WD doesn’t go back to
the CMS
● Lack of institutional support: personal project style

Structured
and machine-readable data
for copyright and licensing
on @wikicommons and @wikidata
Sandra Fauconnier @sanseveria sfauconnier@wikimedia.org

• Centralizes interwiki links
• Centralizes data in
infoboxes
• Offers an interface for ‘rich
queries’
● Multilingual
● Machine-readable
● Referenced
● All data is CC0 – freely
reusable by everyone
Founded in 2012
Structures the ‘sum of all human knowledge’

Structured
Data on
Wikimedia
Commons
2017-19
https://commons.wikimedia.org/wiki/Commons:Structured_data

The work
https://www.wikidata.org/wiki/Q61483227
Digital representations
Dakar Railway Station, photo CC BY-SA Unported, by
J.W.H. van der WAAL, Wikimedia Commons
The Monument Demba et Dupont, Place du Tirailleur
Sénégalais in Dakar, Senegal, photo CC BY-SA 3.0
Spain, by Inextre, Wikimedia Commons

Creative works on Wikidata
Not easy to count, but here are some numbers...
As of 30 April 2019:
Works of art: 1,700,000
(~400,000 paintings, see Sum of All Paintings project, and many GLAM partnerships)
Films: 284,000
Items that use the 'creator (P170)' property: 490,000
Items that use the 'author (P50)' property: almost 4,000,000
(many are scientific papers, through the WikiCite project)

Property for indicating
copyright of creative works:
P6216
Copyright status
Already used on more than
300,000 creative works on
Wikidata
Two possible values
● Public domain
● Copyrighted
(Each work can have multiple
of these, and also both values
combined)
To be qualified (enhanced) with
additional information
WORK IN
PROGRESS!

Help:Copyrights on Wikidata
https://www.wikidata.org/wiki/Help:Copyrights
or https://w.wiki/3VD
Kudos to Jarekt and Hanno Lans!
● For creative works (Wikidata)
● And digital representations of those works
(Wikimedia Commons)

A simple(r) example...
The musical Little Johnny Jones (1923) by George M. Cohan
(1878-1942)
https://www.wikidata.org/wiki/Q6650560

collection
status NL
object
creator 1
creator 2
status VS
wikidata
copyright
checker
Wikimedia
Commons
publication
Copyclear process

Conclusions / best practices / principles
● Each work needs to have copyright determination per country
● Information is based on open data, but can rely on private data from
institutions
● We profiling / stereotype authors, we make assumptions
● Rules are often too specific, we use broader categories for our determination
● Accept that there are always risks involved in automatic public domain
determination

THE GOAL
To identify and coordinate existing projects and resources, and identify and
build missing tools, technologies and resources, in support of a sustainable,
comprehensive, connected, end-to-end solution stretching from the moment
of digitization to the end-user.
PUBLIC DOMAIN AWARENESS PROJECT

• Complexity and lack of harmonization among © laws: difficult
even for the experts
• Incomplete, inaccurate and distributed sources of ©
information that is difficult to access
• Resource intensive
• Difficult to interpret for the end-users
Challenges – for digitizers and reusers

Work Plan: a Proposal in Three Phases
• Understanding the ecosystem and needs
• Publish final Design and Work Plan
• Build tools and connections linking projects and resources

Phase I: Understanding the ecosystem and needs
• Global Summit: understand needs and issues from perspectives of
digitizers of content, intermediaries and end users, legal, and technology
• Collect and document current efforts and projects, identify gaps
• Publish outcomes from Summit and research for public input
• Gather stakeholders to prepare draft Design and Work Plan
• Refine Phase I and Phase II objectives
• Secure commitments from key stakeholders and funders for Phase II

Phase II: Publish final Design and Work Plan
• Hold public discussion on proposed Design and Work Plan
• Gather stakeholders to prepare detailed implementation plan
• Finalize and publish Design and Work Plan
• Refine Phase III objectives
• Secure commitments from key stakeholders and funders for Phase III

Phase III: Implementation and long-term planning
• Pursue implementation according to Design and Work Plan
• Develop and secure funding to maintain all elements and ensure long-
term sustainability
• Develop a public domain advocacy strategy to increase the awareness
over public domain content and the need of a standardized, global set of
rules.

10’ Break - grab coffee and get ready!

Project
Part 2: Exploring dependencies and legal/tech
solutions for GLAM institutions and reusers

Note taking
Notes are VERY important.
● Designate at least one notetaker; two would be ideal.
● If you are taking notes in papers, posts its, etc., make sure
to capture / photograph them and paste them into the
Notes doc later on.

Notes for each group
● GLAM: http://bit.ly/pdaj-notes-glam
● LEGAL: http://bit.ly/pdaj-notes-legal
● TECH: http://bit.ly/pdaj-notes-tech
● REUSERS: http://bit.ly/pdaj-notes-reusers

4 Breakout groups
● GLAM (Leads: Scann, Paul Keller, Roger Gillis)
● LEGAL (Leads: Diane Peters & Meredith Jacob)
● REUSERS (Leads: Sarah Pearson & Alex Stinson)
● TECH (Leads: Alden Page & Maarten Zeinstra)
30 minutes each group; questions on the notes & agenda.
Organized around a same topic but dive into specific issues.
~5 minutes to report back to the general group.

In each set of questions, please identify:
● the nature of the challenges as framed
● who experiences the challenges and who will benefit from
a solution
● what’s necessary to solve or ease the challenge for those
audience(s), and who needs to be involved in crafting its
solution
● tangible action items and immediate next steps

Project
Part 3: Designing a roadmap and next steps

Public Domain Awareness Project (Wikimedia and CC) slideshow

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