Copyright challenges and policy choices in European heritage projects Tools, ethics and methods LISETTE KALSHOVEN, MMSH, AIX-EN-PROVENCE , January 14th 2016

Who am I?

• Work at think and do-tank Kennisland

• Mission to make society smarter

• Work a lot with Europeana on (IPR) policy and advocacy

• Run IPR work package in Europeana Sounds

• Kennisland is Public Lead for Creative Commons Nederland

What we will discuss today1. The copyright barrier in creating access to culture

2. Developing policies and using best practices

3. Advocacy for a more sensible copyright

The copyright barrier in creating access to culture

• Digital revolution creates more possibilities to provide access (cheaper to distribute information)

• More possibilities for interesting research due to modern technologies (i.e. data mining)

• Citizens can engage with their culture, the more access the more people can put things in perspective and learn

• More access online creates equality across Europe

• Creatives can more easily build upon our culture

Why (online) access to heritage

Chronological distribution of dcterms:issued values in Europeana dataset 1800-today (Data September 2015)

20th century black hole

“Why can I see, use and experience thoughts, art and scientific discoveries from the nineteenth century, but can’t I see what the generation before me has improved on that?”

Copyright is…

• international

• temporary

• layered

• automatic

• equal

CC BY Kevin Dooley, selfie

Cultural experience the law allows

Through dedicated terminals in cultural heritage institutionsCC BY-NC-SA Renée Turner via Flickr

Cultural experience citizens expect

Through any device, anywhereCC BY-NC-SA Kathy Cassidy

Do not resign to the system chosen for you. Use the system.

CC BY-NC-SA Thomas Guignard

And change the system

Example: The Netherlands Institute for Sound & Vision

Special thanks to Maarten Brinkerink from NISV for this case study

The organisation

• Sound and Vision (NISV) has one of the largest audiovisual archives in Europe.

• The institute manages over 70 percent of the Dutch audiovisual heritage.

• The collection contains more than a million hours of television, radio, music and film from the beginning in 1898 until today.

• It collects, preserves and opens the audiovisual heritage for as many users as possible: media professionals, education, science and the general public.

The policy

• When NISV has determined material lies in the Public Domain, we make it available without restrictions

• When the institution owns the IPR, they make it available for reuse under an open license (Usually Creative Commons BY or BY-SA)

• For the remainder of the collection NISV aims to obtain permission to make the material available online, mainly through stakeholder dialogue

Challenges

• Audiovisual material contains multiple layers of IPR

• NISV doesn’t know who all those rights holders are (and sometimes nobody does)

• In practice, making audiovisual material available involves takings risks

• NISV only owns the IPR of a fraction of the archive, and even less is in the Public Domain

• If they know the relevant rights holders, they need to be convinced to give permission

The results

• NISV holds an estimate of 1,000,000 hours of audiovisual material

The results

• NISV holds an estimate of 1,000,000 hours of audiovisual material

• About of third of the entire collection has been digitised (30%)

The results

• NISV holds an estimate of 1,000,000 hours of audiovisual material

• About of third of the entire collection has been digitised (30%)

• NISV managed to make 1,800 hours available online (0.18%)

The results

• NISV holds an estimate of 1,000,000 hours of audiovisual material

• About of third of the entire collection has been digitised (30%)

• NISV managed to make 1,800 hours available online (0.18%)

• Of which 320 hours are openly available or fall in the Public Domain (0.032%)

Developing policies and using best practices

We develop policies based on what people want, what people need and what sets a positive example

Rijksmuseum collection, public domain

http://europeana.eu/portal/collections/music

(IPR) goals of Europeana

• Have clear rights information on the platform for users and re-users of the cultural heritage

• Set standards for rights information in Europe and beyond

• Assist the network in developing best practices and policies in rights clearance

• Advocate for a cultural heritage friendly copyright law

Metadata: CC0, Digital Objects: 13 rights statements

Metadata CC0, Digital Objects: 87.000 rights statements

The Europeana Licensing Framework

Public Domain, collection of the SMK

The Europeana licensing framework aims to ensure that users of Europeana are provided with clear and easy to understand information on what they can and cannot do with metadata and content that they encounter via Europeana.

Public Domain, collection of the SMK

It ensures that all metadata aggregated can be published by Europeana under the same terms and used by anyone for any purpose without any restrictions. To achieve this Europeana makes available all metadata under the terms of the CC0 Public Domain Dedication.

Public Domain, collection of the SMK

With regards to content that is made available via Europeana, the licensing framework provides a list of standardised rights statements that must be used by data providers to describe the rights status of the digital objects that they make available via Europeana.

Public Domain, collection of the SMK

http://pro.europeana.eu/edm-documentationhttp://pro.europeana.eu/available-rights-statements

We develop best practices and tools together as a network

By listening, trying, sharing, listening and improving

Rijksmuseum collection, public domain

For example: Ensuring the accuracy of rights statements

Public Domain, collection of the SMK

UnmarkedAll Rights ReservedUnknownCreative CommonsPublic Domain

Selecting a rights statement can be tricky

License of the image

“We need to look out what our sector needs to fulfil our public mission: making our collections accessible.”

Credit: David Paul Carr/BnF

• We share all our documents (unless financial details are included) under CC BY

• All the software we produce is open source (anyone can re-use)

• We share our metadata under CC0 under the DEA of Europeaan

• We share copyright information under the Europeana Licensing Framework

• We aim to be as open as we can with collections, and label public domain material as being public domain

Copyright choices in Europeana Sounds

• Have digital objects with clear copyright information

• Develop guides that help with rights clearance and developing a copyright policy

• Investigate barriers to online access

• Consult with rights holder organisations to tear down barriers

• Research barriers from an academy point of view, improving knowledge on how to obtain licenses

• Develop policy recommendation on how best to change the system

IPR goals of Europeana Sounds

Principles of a rights clearance policy• Have a clear, short, easy policy that non-lawyers can understand

• Respect intellectual property laws, respect the authors and rights holders of the material

• Consult the paperwork (contracts, partners, appropriation policy)

• Determine which collections have priority

• Based on cultural value (academic or cultural)

• Based on copyright policy

• Create ‘cut-off’ points (too complicated to clear)

• Determine how much risk you are willing to take

Moral and ethical rights in collections

• Separate from copyright (IPR)

• Consider privacy laws

• Consider the wishes of the community (ask for permission)

• Especially in ‘colonial’ collections

• Consult the WIPO guidelines

• Communicate about the ethical situation on the website and in the metadata

• When in doubt: do not put online

Ask for help

Public Domain, Rijksmuseum Collection

Work In progress: policy recommendations

Europeana Sounds policy recommendations to enable CHI to get more of their collection accessible.

Advocacy for a more sensible copyright

We are in the middle of one of the most fundamental shifts in how we preserve and access our cultural heritage

The current copyright system has not been designed to for this transformation. Our cultural heritage institutions deserve better, and the public deserves better.

… better than an orphan works directive that does not help with mass digitisation…

… better than a copyright directive that allows us to digitise works only in certain special cases.

… better than a copyright directive that allows us to make works available only via ‘dedicated terminals’

… better than a lending directive that leaves libraries at the mercy of publishers when they want to lend out e-books

Europe needs a copyright system that enables universal online access to cultural heritage.

Thank you Kennisland stands for a modern copyright for a modern society, and advices organisations on the sharing of knowledge and collections.

Lisette Kalshoven lk@kl.nl / @LNKalshoven

This presentation is licensed under a Creative Commons Attribution license.