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COPYRIGHT AND OPEN CONTENT
Maarten Brinkerink
This presentation is based on: Open Data Reader 2016 (Kennisland, Nederlands Instituut voor Beeld en Geluid, CC-BY
)
STRIKING A BALANCE
Copyright legislation aims to strike a balance between the interests of creators (exclusive rights) and society as a whole (exceptions).
COPYRIGHT•Only original expressions of an idea are subject to copyright:–Ideas themselves are not–Facts are not•European Court of Justice definition:“the Author’s own intellectual creation”
KEY ASPECTS•Copyright is the exclusive right of a creator to copy and distribute his/her work“All rights reserved.”• There are no formalities involved in its assertion (it’s automatic)•Copyright can be transferred•A work can have multiple creators/rights holders
EXCLUSIVE RIGHTS• Exploitation rights (can be transferred)–Exclusive right to copy/reproduce–Exclusive right to make available to the public
• Moral rights (can’t be transferred)–Right to claim attribution–Right to resist distribution of a work under different names or titles –Right to resist the mutilation of a work that can bring harm to the reputation of a creator
DURATION• In general:–Persons:•Copyright expires on the 1st of January, 70 years after the death of the last living creator
–Entities (or anonymus creators)•Copyright expires on the 1st of January, 70 years after the first publication
EXCEPTIONS AND LIMITATIONS• For the public interest there are some exceptions and limitations to copyright. Some require a fair renumeration, through collective agreements.•A selection:–Private copying–Citation–Educational use–Parody
NEIGHBORING RIGHTS•Next to creators, performing artists and producers can also assert intellectual property rights.–Live performances–Music recordings–Films–Radio and television broadcasts
RIGHTS INVOLVED•Performing artists and producers may decided whether or not their:–Performance may be recorded–A recording of their performance may be copied and exploited–A recording of their performance may be shown/broadcasted
DURATIONPublished Un-published
Broadcasts 50 years (after publication)
50 years (after creation)
Music recordings 70 years (after publication)
50 years (after creation)
Performances on a records
70 years (after publication)
50 years (after creation)
Other performances 50 years (after publication)
50 years (after creation)
PORTRAIT RIGHTS• Applies to all persons that appear recognizable• An exclusive right of the person portrayed, to the first publication of a portrait:–Commissioned portraits can only be published with the permission of the people portrayed–Portraits that have not been commissioned can only be published when there is no reasonable interest of the people portrayed
• Portrait rights expire on the 1st of January, 10 years after the death of the person portrayed
RIGHTSHOLDERS•The creator is the rightsholder by default:–Employers automatically transfer their rights to employers, for works created as part of their job–Freelancers, volunteers and interns – by default - retain their rights
•Owning a physical object, is not the same as having the rights
MULTIPLE LAYERS•A work can contain multiple layers of rights, belonging to multiple people (who all need to give permission):–Copyright–Neighboring rights–Database rights–Portrait rights
OPEN CONTENT• “Some rights reserved”:
CREATIVE COMMONS LICENSES•Creative Commons licenses are tools/agreements for creators/rightsholders to grant permission for specific uses to everyone•They last for the duration of copyright•They are non-revokable•They are international
SIX VERSION
ATTRIBUTION
SHARE ALIKE
NON-COMMERCIAL
NO DERIVATIVES
LEVELS OF OPENNESS
REUSING OPEN CONTENT• Always mention the original creator(s) of the work,
preferably with a link to their website or online profile (unless they request you to remove this)• Always mention the title of the work, preferably with a
link to an online version of the work• Always refer to the Creative Commons license that
applies to the work, and add the link (fully written in an offline scenario)
If you are creating a derivative work, provide attribution for all creators of all your (openly licensed) source material, and share alike (if required)
ONLINE EXAMPLE
OFFLINE EXAMPLEThe beautiful, hot summer, by Polygoon-Profilti (producer) / Netherlands Institute for Sound and Vision (curator), is licensed under a Creative Commons - Attribution-Share Alike license. Please refer to https://creativecommons.org/licenses/by-sa/3.0/ to read the license.
