[pd-discuss] What We Hope the Digital Public Library of America Will Become

Wed Apr 24 00:51:34 UTC 2013

Thanks for checking on this.  I thought the license for the metadata was CC0 and not CC BY, but I didn't take the time to check.  I am glad to be corrected.

But the content, even if it is public domain, can still be restricted by the institution.  This is unfortunate, but not surprising.  

Peter Hirtle

> -----Original Message-----
> From: pd-discuss-bounces at lists.okfn.org [mailto:pd-discuss-
> bounces at lists.okfn.org] On Behalf Of Tom Morris
> Sent: Tuesday, April 23, 2013 5:11 PM
> To: Public Domain discuss list
> Cc: List for Working Group on Open Bibliographic Data; open-
> glam at lists.okfn.org
> Subject: Re: [pd-discuss] What We Hope the Digital Public Library of America
> Will Become
> 
> There are actually a couple of other exceptions for previews & the DPLA
> marks, so let me try again:
> 
> Metadata - all contributed metadata is CC0 (and the DPLA asserts that they
> believe most of it is not copyrightable anyway) Images, Video, & Audio on
> DPLA site - individually licensed per rights statements in metadata (this covers
> thumbnails, previews, etc on DPLA
> site)
> User contributed content - CC-BY (ambiguous as to whether required
> attribution is to DPLA only or original contributor) DPLA marks, dress, look &
> feel - all rights reserved Actual content - individually licensed per rights
> statements in metadata (note that none of this is, currently, hosted on the
> DPLA site, but on the original owning institutions sites)
> 
> Tom
> 
> On Tue, Apr 23, 2013 at 4:37 PM, Tom Morris <tfmorris at gmail.com> wrote:
> > That blogger didn't read the Terms of Service carefully enough.  The
> > actual item contents are under a potluck of licenses, but all DPLA
> > content (not cataloged content) *except* the metadata is released
> > under CC-BY.  The metadata is all explicitly CC0:
> >
> > http://dp.la/info/terms/
> >
> > 5.2. Metadata
> >
> > All Metadata has been dedicated to the public pursuant to Creative
> > Commons' CC0 public domain dedication, and is available for download
> > through DPLA's Metadata API. Please read DPLA's Metadata Policy for
> > more information regarding the Metadata.
> >
> > Tom
> >
> > On Tue, Apr 23, 2013 at 3:42 PM, Peter B. Hirtle <pbh6 at cornell.edu> wrote:
> >> On point 2 below, you might be interested in the blog posting "Public
> >> library, not public domain" at
> >> http://www.legalgenealogist.com/blog/2013/04/19/public-library-not-pu
> >> blic-domain/ which makes the point that while the metadata about
> >> collection items is released under a CC BY license, the content
> >> itself is not.  Furthermore, some repositories claim ownership and
> >> limit use of public domain material.
> >> The author's conclusion:
> >>
> >>
> >>
> >> ...this is a public library, but its holdings - like those of any
> >> library - may still be protected and can not just be assumed to be
> >> public domain. We all need to take care to respect the rights of the
> >> contributors of the content and any intellectual property rights of the
> authors and creators.
> >>
> >>
> >>
> >> Peter Hirtle
> >>
> >>
> >>
> >> From: pd-discuss-bounces at lists.okfn.org
> >> [mailto:pd-discuss-bounces at lists.okfn.org] On Behalf Of Jonathan Gray
> >> Sent: Tuesday, April 23, 2013 1:42 PM
> >> To: Public Domain discuss list
> >> Cc: List for Working Group on Open Bibliographic Data;
> >> open-glam at lists.okfn.org
> >> Subject: Re: [pd-discuss] What We Hope the Digital Public Library of
> >> America Will Become
> >>
> >>
> >>
> >> Absolutely. Adam (Editor of the the Public Domain Review) tweeted to
> >> Dan Cohen about this [1], but we'd still like to follow up on this with them.
> >>
> >>
> >>
> >> I guess there are two main issues here:
> >>
> >>
> >>
> >>   i. Copyright status of work (presumably in US in first instance) -
> >> and here they could either do manual marking by institution (e.g.
> >> with Public Domain Mark for things which are definitely known to be
> >> out of copyright), and possibly could look into semi-automated with
> >> calculators, though more work is probably needed here. Perhaps could
> >> be an interesting to do a public domain calculation hackathon with
> >> Europeana, DPLA, WMF and others on this topic, building on existing
> >> work in this area [2] - including with Tulane if they plan to open up their
> research/code?
> >>
> >>
> >>
> >>   ii. Rights status of digital reproductions. E.g. Public Domain
> >> Mark, openly licensed, CC licensed, claims of copyright in digital
> >> reproductions, etc. One would hope that the DPLA would encourage use
> >> of the Public Domain Mark amongst contributing institutions. I don't
> >> know whether there have been any discussions of taking a principled
> >> approach to this, as per Bridgeman and Corel (along the lines of the
> >> Wikimedia Foundation's position on this [3]), along the lines of
> >> their position on data, but this could be an option.
> >>
> >>
> >>
> >> J.
> >>
> >>
> >>
> >> [1] https://twitter.com/PublicDomainRev/status/324935697519759361
> >>
> >> [2] http://publicdomain.okfn.org/calculators/
> >>
> >> [3]
> >> http://commons.wikimedia.org/wiki/Commons:When_to_use_the_PD-
> Art_tag#
> >> The_position_of_the_WMF
> >>
> >>
> >>
> >> On 23 April 2013 02:38, Timothy Vollmer <tvol at creativecommons.org>
> wrote:
> >>
> >> Agreed, nice post Jonathan. I think one thing the DPLA site might do
> >> is allow search by copyright status, similar to how Europeana does
> >> it. That'd be nice. Does anyone know if this is being considered? Of
> >> course, the site just launched, so maybe it's on the to-do list.
> >>
> >>
> >>
> >> http://www.europeana.eu/portal/search.html
> >>
> >> http://dp.la/search
> >>
> >>
> >>
> >> tvol
> >>
> >>
> >>
> >> On Thu, Apr 18, 2013 at 4:25 PM, Samuel Klein <meta.sj at gmail.com>
> wrote:
> >>
> >> This is lovely.  Thank you, Jonathan!  What do you think of the site so far?
> >>
> >> On Apr 17, 2013 10:17 PM, "Jonathan Gray" <jonathan.gray at okfn.org>
> wrote:
> >>
> >> I just posted a piece on the Open Knowledge Foundation's blog about
> >> what we hope the new Digital Public Library of America will become,
> >> which might be of interest to some of you:
> >>
> >>
> >>
> >> http://blog.okfn.org/2013/04/17/what-we-hope-the-digital-public-libra
> >> ry-of-america-will-become/
> >>
> >>
> >>
> >> Looking forward seeing what comes out of the official launch tomorrow!
> >>
> >>
> >>
> >> --
> >>
> >> Jonathan Gray | @jwyg
> >>
> >> Director of Policy and Ideas
> >>
> >> The Open Knowledge Foundation | @okfn
> >>
> >> Support our work: okfn.org/support
> >>
> >>
> >>
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> >>
> >>
> >> --
> >>
> >> Jonathan Gray | @jwyg
> >>
> >> Director of Policy and Ideas
> >>
> >> The Open Knowledge Foundation | @okfn
> >>
> >> Support our work: okfn.org/support
> >>
> >>
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