[open-linguistics] Fair use (US) and CC-BY-NC

[Christian Chiarcos]

Dear colleagues,

a few years back, I compiled a massive corpus of Bibles and related texts
in a CES-conformant XML format (following Resnik 1996), some also with
annotations. For the most part, distributing this corpus would be illegal
under European copyright law (and that's why you haven't heard about it),
but I realized that there are circumstances which could allow
dissemination of a great part of it under an academic license.

Compiling and distributing a web corpus is basically illegal in Europe
unless explicitly permitted by an accompanying license. However, US law
has the concept of fair use, and if a data provider declares US
legislation to apply (e.g., that "[t]hese Terms and Conditions ... are
governed by the laws of the State of New York"), we Europeans can rely on
the principle of fair use, as well.

According to 17 U.S.C. § 107, "the fair use of a copyrighted work,
including such use by reproduction in copies or phonorecords or by any
other means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom
use), scholarship, or research, is not an infringement of copyright." The
intended use is for NLP research, DH scholarship and classroom use, so
that would probably not an issue -- and in fact, there is no financial
damage whatsoever as this data is freely and redundantly available from
the web.

However, am I allowed to distribute this corpus with an explicit license
statement? I think CC-BY-NC should protect the intellectual and commercial
interests of the creator of the electronic edition and be roughly in the
spirit of an academic license, but of course, I'm not the actual owner of
the data, but only responsible for its transformation and annotation. I am
wondering about the consequences if someone eventually creates an NLP tool
chain from this data and uses any models trained on the data in a
commercial application. As the original copyright extends to derived
works, this would be a clear violation of my license statement, of course,
but I would be responsible as I redistributed the data and by transforming
it from messy HTML to proper markup, I actually enabled this violation.

Looking forward to your opinion ;)

Best,
Christian
-- 
Prof. Dr. Christian Chiarcos
Applied Computational Linguistics
Johann Wolfgang Goethe Universität Frankfurt a. M.
60054 Frankfurt am Main, Germany

office: Robert-Mayer-Str. 10, #401b
mail: chiarcos at informatik.uni-frankfurt.de
web: http://acoli.cs.uni-frankfurt.de
tel: +49-(0)69-798-22463
fax: +49-(0)69-798-28931