Category: Copyright

License Change at Major Social Media Site for Photographers: "500px Nukes 1M+ Creative Commons Photos"

Michael Zhang has published "500px Nukes 1M+ Creative Commons Photos" in PetaPixel.

Here's an excerpt:

But overnight, all of the CC photos that have been uploaded since 2012 have been nuked from 500px. Users can no longer choose a CC license during uploading, search for CC photos, or download them.

Jason Scott reports on Twitter that the photos have been archived in the Internet Archives' Wayback Machine:

3 terabytes of Creative Commons photos going into the Wayback machine thanks to the efforts of dozens of volunteers slamming from NO warning and going for 48 hours straight. Amazing work, everyone. It's going to take a while to understand exactly what we got.

Note that the Wayback Machine is only searchable by site URL.

The Creative Commons photos have not been deleted; however, the Creative Commons license has been. Consequently, the user has no way to know about the existing Creative Commons licensing terms. On logon today, 500px gives the user the option of opting out of commercial distribution by Getty Images.

See also: "500px Photo Site Abandons Freely Shareable Images with Commercialization Push."

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University of California: "Re: Declaration of Rights and Principles to Transform Scholarly Communication"

The University of California's University Committee on Library and Scholarly Communication has released "Re: Declaration of Rights and Principles to Transform Scholarly Communication."

Here's an excerpt:

1. No copyright transfers. Our authors shall be allowed to retain copyright in their work and grant a Creative Commons Attribution license of their choosing.

2. No restrictions on preprints. Our authors shall have the right to submit for publication work they have previously made available as preprints.

3. No waivers of OA Policy. Publishers shall not require our authors to provide waivers of our Institutional OA Policy as a condition for publishing our work.

4. No delays to sharing. Publishers shall make work by our authors immediately available for harvest or via automatic deposit into our Institutional OA repository or another public archive.

5. No limitations on author reuse. Our authors shall have the right to reuse figures, tables, data, and text from their published work without permission or payment.

6. No impediments to rights reversion. Publishers shall provide a simple process for our authors to regain copyright in their previously published work.

7. No curtailment of copyright exceptions. Licenses shall not restrict, and should instead expressly protect, the rights of authors, institutions, and the public to reuse excerpts of published work consistent with legal exceptions and limitations on copyright such as fair use.

8. No barriers to data availability. Our authors shall have the right to make all of their data, figures, and other supporting materials from their published work publicly available.

9. No constraints on content mining. Publishers shall make licensed materials open, accessible, and machine-readable for text and data mining by our researchers, at no additional cost and under terms that allow retention and reuse of results.

10. No closed metadata. Publishers shall make bibliographic records, usage metrics, and citation data for our authors freely available, easy to parse, and machine-readable.

11. No free labor. Publishers shall provide our Institution with data on peer review and editorial contributions by our authors in support of journals, and such contributions shall be taken into account when determining the cost of our subscriptions or OA fees for our authors.

12. No long-term subscriptions. Publishers shall provide our Institution with plans and timelines for transitioning their subscription journals to OA.

13. No permanent paywalls. Our Institution shall receive perpetual access for previously licensed content and back files shall be made freely available once a journal transitions to OA.

14. No double payments. Publishers shall provide our Institution with data on hybrid OA payments from our authors and such payments shall reduce the cost of our subscriptions.

15. No hidden profits. Publishers shall use transparent pricing for the services they provide our authors when levying article processing charges and other fees associated with publishing.

16. No deals without OA offsets. Our Institution shall only enter into publishing agreements that include offsets for OA publishing by our authors.

17. No new paywalls for our work. Work by our authors shall be made OA on the publisher’s website as part of subscription terms for new journals.

18. No non-disclosure agreements. Publisher agreements with our Institution shall be transparent and shall not contain terms that prevent the sharing of their contents.

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Fair Use in the Visual Arts: Lesson Plans for Librarians

Alexander Watkins et al. have self-archived "Fair Use in the Visual Arts: Lesson Plans for Librarians."

Here's an excerpt:

The authors guide art information professionals in crafting learning experiences that empower students to understand copyright and take advantage of fair use in their art, design, and academic practices. The College Art Association’s Code of Best Practices in Fair Use for the Visual Arts, endorsed by ARLIS/NA in 2015, is a key document that has the potential to transform the use of images in the visual arts. Education will be an essential part of the integration of the Code into the visual arts, and art information professionals are well positioned to teach fair use and the Code. This book was created to further ARLIS/NA's mission to support the evolving role of art information professionals, which increasingly includes copyright and fair use instruction. The lesson plans in this book will help those new to copyright instruction teach the Code through engaging activities and assignments. The lesson plans are also meant to inspire teachers experienced with fair use instruction through creative ideas and new ways to integrate copyright instruction into art classes, digital humanities projects, and design education.

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Current Best Practices among Cultural Heritage Institutions when Dealing with Copyright Orphan Works and Analysis of Crowdsourcing Options

Victoria Stobo et al. have self-archived "Current Best Practices among Cultural Heritage Institutions when Dealing with Copyright Orphan Works and Analysis of Crowdsourcing Options."

Here's an excerpt:

The purpose of this study is to establish the current state of best practices among Cultural Heritage Institutions (CHIs) when dealing with in-copyright orphan works in three countries: the United Kingdom, Netherlands and Italy. A baseline understanding of current practice provides a benchmark against which crowdsourcing (or any other proposal) to address the challenge posed by orphan works can be evaluated. The research team used a purposive sample to approach the 'Big 3' national libraries and film archives in each country, typically including the national library, the national archive and the national film archive. The researchers also aimed to include at least one institution from each jurisdiction that had used the EUIPO database, and one institution that digitized orphan works but opted not to use the database.

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"European Parliament’s Legal Affairs Committee Gives Green Light to Harmful Link Tax and Pervasive Platform Censorship"

Timothy Vollmer has published "European Parliament's Legal Affairs Committee Gives Green Light to Harmful Link Tax and Pervasive Platform Censorship" in the Creative Commons Blog.

Here's an excerpt:

Today, the European Parliament the Legal Affairs Committee voted in favor of the most harmful provisions of the proposed Directive on Copyright in the Digital Single Market. . . .

The committee voted 13-12 in favor of Article 11, the provision known as the "link tax," which grants an additional right to press publishers requiring anyone using snippets of journalistic content to first get a license or pay a fee to the publisher for its use online. Article 11 is ill-suited to address the challenges in supporting quality journalism, and it will further decrease competition and innovation in news delivery. Similar efforts have already failed miserably in Germany and Spain.

The committee voted 15-10 in favor of Article 13, the provision that would require online platforms to monitor their users' uploads and try to prevent copyright infringement through automated filtering. Article 13 will limit freedom of expression, as the required upload filters won't be able to tell the difference between copyright infringement and permitted uses of copyrighted works under limitations and exceptions. It puts into jeopardy the sharing of video remixes, memes, parody, and code, even works that include openly licensed content.

Read more about it: "EU Takes First Step in Passing Controversial Copyright Law That Could 'Censor the Internet'," "Europe Takes Another Step towards Copyright Pre-Filters for User Generated Content," and "We Can Still Win: Next Steps for the Copyright Directive."

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"70+ Internet Luminaries Ring the Alarm on EU Copyright Filtering Proposal"

Danny O'Brien and Jeremy Malcolm have published "70+ Internet Luminaries Ring the Alarm on EU Copyright Filtering Proposal" in DeepLinks.

Here's an excerpt:

As Europe's latest copyright proposal heads to a critical vote on June 20-21, more than 70 Internet and computing luminaries have spoken out against a dangerous provision, Article 13, that would require Internet platforms to automatically filter uploaded content. The group, which includes Internet pioneer Vint Cerf, the inventor of the World Wide Web Tim Berners-Lee, Wikipedia co-founder Jimmy Wales, co-founder of the Mozilla Project Mitchell Baker, Internet Archive founder Brewster Kahle, cryptography expert Bruce Schneier, and net neutrality expert Tim Wu, wrote in a joint letter that was released today:

By requiring Internet platforms to perform automatic filtering all of the content that their users upload, Article 13 takes an unprecedented step towards the transformation of the Internet, from an open platform for sharing and innovation, into a tool for the automated surveillance and control of its users.

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"The EU’s Copyright Proposal is Extremely Bad News for Everyone, Even (Especially!) Wikipedia"

Cory Doctorow has published "The EU's Copyright Proposal is Extremely Bad News for Everyone, Even (Especially!) Wikipedia" in DeepLinks.

Here's an excerpt:

Under Article 13 of the proposal, sites that allow users to post text, sounds, code, still or moving images, or other copyrighted works for public consumption will have to filter all their users' submissions against a database of copyrighted works. Sites will have to pay to license the technology to match submissions to the database, and to identify near matches as well as exact ones. Sites will be required to have a process to allow rightsholders to update this list with more copyrighted works.

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"Conflicting Academic Attitudes to Copyright Are Slowing the Move to Open Access"

Francis Dodds has published "Conflicting Academic Attitudes to Copyright Are Slowing the Move to Open Access" in LSE Impact of Social Sciences.

Here's an excerpt:

Moreover, many researchers are concerned to protect the integrity of their work by restricting its potential use by others. Some studies suggest that many academics across both the sciences and humanities are opposed to commercial reuse, adaptations or inclusion of their work in anthologies (a particular aspect of humanities publishing), whilst there are mixed views about allowing data mining of their work. An example of these contrasting views is the bioRxiv site which hosts preprint papers in biology. A study of the site by Lindsay McKenzie (2017) found that over a third of authors had selected the most restrictive Creative Commons (CC BY-NC-ND) license, which bars commercial use and “derivative” works, including translations and annotations. Another 29% had not selected any license which, by default, reserved all rights in the work, requiring permission from the author for copying and reuse. It is noticeable that the Scholarly Communications License has been criticised by both publishers and academics as being too inflexible.

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Creative Commons: State of the Commons 2017

The Creative Commons has released State of the Commons 2017.

Here's an excerpt from the announcement:

People, projects, and programs make up the bulk of this year’s report, but the data also supports our vision of a more creative, open world. 1.4 billion works is 200 million more than last year, and that growth has accelerated compared to the previous two years. To provide concrete examples: The Metropolitan Museum released 375,000 pieces of content under CC0 in February 2017. PLOS counts 7,000 editorial board members and 70,000+ volunteer peer reviewers to release 200,000 pieces of content. Wikipedia, one of our closest allies and partner in the “Big Open”, hosts 42 million freely licensed pieces of content. Our search tool has responded to 1,500,000 queries, and our website has been visited 50,000,000 times. And that’s only a part of our impact.

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