[open-heritage] PSI directive & GLAM

Mon Nov 12 10:17:43 UTC 2012

Hi all,
I have created a doodle to set up a skype call to plan the drafting:
http://whenisgood.net/pacbqm5
please fill it up as soon as you can  :)


On Sun, Nov 11, 2012 at 10:58 AM, Primavera De Filippi <pdefilippi at gmail.com
> wrote:

> Thanks Javier !
> I think we should proceed with the drafting of this position paper, what
> about next week?  ;)
> Please let me know who is interested / available to contribute to the
> draft,
> so that we can set up a short skype call next week to coordinate our
> actions..
> Thanks !
>
>
> On Wed, Oct 31, 2012 at 4:42 PM, Javier Ruiz <javier at openrightsgroup.org>wrote:
>
>>  This is not great in general, although there are some good aspects.
>>
>> The newer version does continue the general weakening of provisions
>> through open-ended exceptions for "providing a service in the public
>> interest" and "not to hinder the normal running of the public body" that
>> mean the status quo will probably not change at all for the public data
>> monopoly recalcitrants such as UK Ordnance Survey in terms of charging and
>> exclusive deals
>>
>> Regulatory powers for PSI authority are out, but some processes for
>> charging (transparent and verifiable criteria) are reintroduced.
>>
>> Open Licensing appears in the directive, though via a non-binding
>> recommendation.
>>
>> A positive note from ORG's perspective is including reference to the Data
>> Protection framework, after the slap on the wrist by the EDPS.
>>
>> For the cultural sector there are some changes.
>>
>> Digitisation deals should be as short as possible but can last up to 10
>> years instead of 7. As we don't have any requirements for transparency in
>> the calculations, challenging this can be difficult.
>>
>> There is a paragraph which has a good reference to our efforts:
>>
>>  *Therefore, where an exclusive right relates to digitisation of
>> cultural resources, a certain period in time might be necessary for this
>> exclusive right in order to give the private partner the possibility to
>> recoup its investment. This period should, however, be limited in time and
>> as short as possible, in order to respect the principle that public domain
>> material should stay in the public domain once it is digitised.*
>>
>> But unfortunately, it gets muddled a couple of lines below:
>>
>>  *In addition, any public private partnership for digitisation of
>> cultural resources should grant the partner cultural institution full
>> rights with respect to the post-termination use of digitised objects.*
>>
>> While we can understand the aim to ensure that institutions are not
>> limited by commercial companies, it may not be phrased in the best way.
>>
>> It potentially conflates IP rights with ownership of the digital objects
>> and defeats the purpose of protecting the public domain.
>>
>> For example, the Google Books agreement reads:
>>
>> "Neither Library nor Google shall have any ownership or license rights to
>> the content digitized thought this agreement.. except where the Library
>> already has such rights. (...) "
>>
>> This contract keeps parallel tracks, where both Google and the
>> institution have the right to do what they wish with their respective
>> digital copies after the contract finishes. Will now Google have to ask for
>> permission to data-mine their "digital objects"?
>>
>> The other problem that this clause does not address is that GLAMs may sit
>> on the materials after the contract. This is what is happening with 250k
>> books digitised by Microsoft for the British Library, out of contract
>> restrictions for 18 months now and still locked in a basement waiting for
>> someone to come up with a business model.
>>
>> I think the directive should read:
>>
>> *In addition, any public private partnership for digitisation of
>> cultural resources should not place conditions on the partner cultural
>> institution with respect to the post-termination use of digitised objects.
>> Digitised public domain materials held by the partner cultural institution
>> should be made available and reusable at the end of the agreement.*
>>
>>
>>
>>
>> *
>> *
>>
>>
>>
>>
>>
>> --
>> Javier Ruiz
>> javier at openrightsgroup.org
>> +44(0)7877 911 412
>> @javierruiz
>>
>> On Friday, 26 October 2012 at 06:30, Alek Tarkowski wrote:
>>
>>  Dear all, I've received a copy of the latest version of the PSI
>> directive, dated Oct 23rd. Some of you probably have seen it already.
>> Please find it enclosed.
>>
>> Best,
>>
>> Alek
>>
>>   Primavera De Filippi <pdefilippi at gmail.com>
>>  October 25, 2012 15:36
>> Hi Paul (and others), do any of you have an editable version of the
>> document ?
>> I'd like to start an online document with it.
>> Thanks,
>> Primavera
>>
>>
>>
>>
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>>   Primavera De Filippi <pdefilippi at gmail.com>
>>  October 7, 2012 12:37
>> Hi all,
>> as regards the drafting of the short paper to be endorsed by
>> Communia, maybe we could schedule a skype meeting sometimes next week to
>> discuss the next steps ?
>>
>>
>>
>>
>> _______________________________________________
>> open-glam mailing list
>> open-glam at lists.okfn.org
>> http://lists.okfn.org/mailman/listinfo/open-glam
>>
>>
>> --
>> dyrektor, Centrum Cyfrowe Projekt: Polska
>> www: centrumcyfrowe.pl
>> identi.ca / twitter: @atarkowski, @centrumcyfrowe
>>
>> polecam: otwartezabytki.pl, conasuwiera.pl
>>
>> Attachments:
>>  - ST15065 EN12_re_use.doc
>>
>>
>>
>
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