Marking the Public Domain___

Exploring expansion of the PDM for use with hybrid works

____

CC Global Summit 2015Seoul

Diane Peters, CC General Counsel

The Proposition:

Expand the utility of the existing Public Domain Mark to mark not only with works in the

worldwide PD (PD everywhere) but also for hybrid works (PD somewhere, but not

necessarily everywhere)

What this conversation is:

• An opportunity to share with our stakeholders our current thinking about a PDMv2, and begin the public consultation process

What this conversation is:

• An opportunity to share with our stakeholders our current thinking about a PDMv2, and begin the public consultation process

##

What this conversation is not:

• A request for approval or ratification a decision already made

Looking Back: Why and How PDMv1(worldwide PDM)

“The Public Domain Mark is recommended for works that are free of known copyright around the world. These will typically be very old works. It is not recommended for use with works that are in the public domain in some jurisdictions if they also known to be restricted by copyright in others.”

https://creativecommons.org/about/pdm

Looking Forward: Why Consider a PDMv2?

• Primary demand• Institutions (cultural heritage and other digitizers) want to state PD status relative to a specific jurisdiction only, for resource and expertise issues

• Primary demand• Institutions (cultural heritage and other digitizers) want to state PD status relative to a specific jurisdiction only, for resource and expertise issues

• Secondary demand• Public that is marking works they encounter• Those without copyright in X jurisdiction, but with possible foreign copyrights (e.g., USG)

Where we are: Process and Timing

Where we are

•Many conversations and discussions • DPLA, Europeana and their members (cultural heritage institutions)

• Promoters of CC0 policy for USG

•CC analysis:• Benefits, opportunities, risks• Mitigating risks if pursued

•Some initial scoping of integration and potential design

What’s next:

Legal Tool Development Process

1.Public consultation with affiliates, community, stakeholders – start dialogue on considerations

2.Solicit comments on public drafts if pursued

3.Resolve and document comments and decisions transparently

ConsiderationsOpportunities and Benefits

• Grows the public domain commons, enabling use by at least some

• Satisfies a long-standing demand• Occupies space• Promotes standardization• Exposes and documents complexity of

copyright, of use in debates over policy and reform

ConsiderationsChallenges and Risks

• Digitizers move to “safer” option, abandon PDM-ww assertion

• Potentially undermines progress on USG using CC0

• Loss of simplicity for re-users of works, what does it mean for them?

ConsiderationsMitigating Challenges and Risks

• Increase efforts for use by digitizing institutions of PDM-ww, and USG policy favoring CC0

• Education for re-users• Education for those marking works, possible

collaboration with experts, public domain calculators and similar

Your Input:

What else should CC be thinking about (opportunities and challenges)?

Thoughts on expanding the utility of the mark?

How would we mitigate risks?

Other possible solutions?

Get Involved!

subscribe to CC’s legal tool development list:http://lists.ibiblio.org/mailman/listinfo/cc-licenses

diane@creativecommons.org

Licensed under a CC BY 4.0 International license.