Feb 24th, 2010
A look at Creative Commons and European approach to copyright reform
Cash-strapped editor seeks easy creative collaboration online:
Me: Law-abiding journalist who takes blurry photos. Looking for illustrative photograph to run alongside article or blog post. Editor at a not-for-profit by day, sometimes producing video for established media brands.
You: A talented photographer who reads Lawrence Lessig on the weekends. Have posted your telling, creative photograph on Flickr. Like to put your work under Creative Commons licensing. Mainly looking for Attribution-Noncommercial, but Attribution-Share Alike is OK.
Our collaboration will hopefully go viral.
My attribution gets your picture, free and clear.
What is Creative Commons?
Creative Commons licences are an evolution in copyright.
Copyright law has so far developed mainly within nation-states; copyright law in the UK developed differently than copyright law in Italy or Germany.
The Internet enables more collaboration between people and businesses in these countries, though, necessitating a harmonized way to share.
Creative Commons licences allow creators of original works – be they photographs, articles or videos – to easily label their works with copyright permissions.
There are six versions of the licences, ranging from restrictive “Attribution Non-Commercial No Derivatives” permissions to an “Attribution” licence that allows the work to be used for commercial and not-for-profit work as long as its attributed.
Permission granted
Joi Ito, CEO of Creative Commons, the not-for-profit that helps write and distribute the licences wrote:
“Imagine an amateur filmmaker creating content to upload to their website as they try to clear the rights of music that they’ve gathered from across the Internet.
Or imagine someone who wants to give a television broadcaster the right to use, with attribution, a photograph that they had posted on their blog.
In most cases, the legal fees would exceed the value of the transaction and the sharing would fail, either because the parties would ignore the law, or opt not to share because the legal cost of doing so was prohibitive.”
Creative Commons allow for a reversal of permission paradigms.
Editors or filmmakers previously had to find and ask authors or studios for legal permission to use a particular original work.
Creative Commons allows authors and studios to label their original work with legal permissions. Anyone who sees the work is then aware of how they may or may not legally use the work. They don’t have to ask permission.
What’s happening in Europe?
Creative Commons licences have been written for 25 of the 27 member states of the European Union. Legal experts in each country have written the licences to comply with the basis of local legal codes.
Proliferation of Creative Commons seems to be in line with current thinking in Brussels. Fostering a climate that enables Internet users to easily share their creative work is a priority within the EU.
In late January, 2010, the COMMUNIA Thematic Network On The Digital Public Domain, co-funded by the Commission to generate policy guidelines related to open access, released a dossier called The Public Domain Manifesto.
Its first principle states, “The Public Domain is the rule, copyright protection is the exception.”
The Manifesto is available in 11 languages; a Facebook group dedicated to it has about 1,300 fans.
D2#07 Europe, The Borderless State? - Panel WCS 2009
Original signatories to the manifesto include Knowledgeland, a Dutch thinktank working toward a knowledge-based economy; iCommons, a UK charity promoting open-source software; and Digitale Allmend, a Swiss association dedicated to securing public access to digital assets. Other original signatories include like-minded Italian, Slovinian, Croatian, Brazillian and American groups.
The COMMUNIA is mainly concerned with open access and making analogue versions of cultural heritage available to the public in digital form. The Commission-funded digital museum project, Europeana, is a reflection of this effort.
The COMMUNIA defines open access as:
“a movement away from an ‘all rights reserved’ approach, by which rightsholders reserve every single use possible, towards a “some rights reserved” approach, by which rightsholders voluntarily renounce to some of the exclusive rights granted by copyright law.”
Future of EU copyright law
Addressing the future of copyright law online in Europe was from 2006-2010 the job of commissioner Viviane Reading, who for the second Barroso Commission has shifted to work on another portfolio.
Before Reading took this role in the second Barroso Commission, she
spoke in favour of reforming European copyright law to better enable protection of orphan works as well as the digitalisation of cultural heritage.
Dutchwoman Neelie Kroes now presides over the task of online copyrights. Like Reading, Kroes has said that allowing for the development of a single market for online content is the best way to fight Internet piracy. (Other commissioners may disagree with this approach.)
Kroes, who worked on international competition issues during the first Barroso Commission, is most famous for imposing fines on Microsoft related to an antitrust case with the American software maker.
Kroes’ stated priorities in her new job include creation of a single clearinghouse for music rights in the EU.
She could be supportive of initiatives like Creative Commons, according to Reuters reporting from 21 January, 2010:
“Kroes, however, has shown little appetite for extending crackdowns on piracy — France, for example, has legislated to disconnect consumers from the Internet for illegal downloading — before a properly functioning market is in place.
‘Copyright is important for economy and culture, people deserve its protection, but no proper action is possible while there is no single market,’ she told the European Parliament last week in a final “interview” for the Digital Agenda post.”
So what?
Whether you’re working on a non-profit media site like this one, a private media startup, a government or a blog, Creative Commons makes it possible for you to share or use writings, photography or videos.
Even established newspapers, like La Stampa in Italy, are utilising Creative Commons.
In January, 2009, Al Jazeera began hosting a repository of Creative Commons-licensed footage from Operation Cast Lead, the Israeli bombing campaign in Gaza.
With seven reporters based in Gaza, Al Jazeera had access to exclusive footage while the Israeli Defence Forces would not allow more journalists into Gaza. Al Jazeera could have charged other broadcastors by the second for its exclusive content.
Moeed Ahmad, the head of new media for Al Jazeera, said his company benefitted from incoming links from sites like Wikipedia, which used still images from Al Jazeera videos.
In the summer of 2009, Al Jazeera opened its blog section for re-use with a Creative Commons license.
What for photographers?
Many photojournalists worry that the proliferation of free photography will lead to the devolution of photojournalism as a profession.
Others have used Creative Commons to search for new ways to profit from photography.
In autumn, 2009, professional photographer Jonathan Worth circulated Creative Commons licensed photographs of science fiction writer Cory Doctorow. The images were licensed for commercial and non-commercial use.
Alongside these, Worth began selling series of limited-edition prints of his work alongside Doctorow’s book, For the Win. He wanted to see if the free photos generated publicity for the paid-for versions of his work.
They did, and Worth made 760 GBP, or 867 euro. He also earned many of what he calls perceivable non-material benefits.
A Foto8 blogger wrote about the experiment,
“What’s at stake here is the possibility of identifying practices that enable community-building and audience-building on the fly, around an idea, something we’re seeing more and more of.”











