This week the US House Representatives introduced H.R. 4186, the Frontiers in Innovation, Research, Science and Technology Act of 2014 (FIRST Act). The stated goal of the proposed law — “to provide for investment in innovation through scientific research and development, [and] to improve the competitiveness of the United States — is worthy and well received. But part of the bill (Section 303) is detrimental to both existing and proposed public access policies in the United States.

According to SPARC:

Section 303 of the bill would undercut the ability of federal agencies to effectively implement the widely supported White House Directive on Public Access to the Results of Federally Funded Research and undermine the successful public access program pioneered by the National Institutes of Health (NIH) – recently expanded through the FY14 Omnibus Appropriations Act to include the Departments Labor, Education and Health and Human Services. Adoption of Section 303 would be a step backward from existing federal policy in the directive, and put the U.S. at a severe disadvantage among our global competitors.

The White House Directive, NIH Public Access Policy, Omnibus Appropriations Act, and the proposed Fair Access to Science and Technology Research Act (FASTR) all contain similar provisions to ensure public access to publicly funded research after a relatively short embargo (6-12 months). These policies make sure that articles created and published as a result of federal funding are deposited in a repository for access and preservation purposes. In addition, the policies provide for a reasonable process and timeline for agencies to development a plan to comply with the public access requirements.

The FIRST Act would conflict with each of these practices. Instead, if enacted it would permit agencies that must comply with the law to:

• Extend embargoes to federally funded research articles to up to 3 years after initial publication, thus drastically increasing the time before the public has free public access to this research. We’ve said before that the public should be granted immediate access to the content of peer-reviewed scholarly publications resulting from federally funded research. Immediate access is the ideal method to optimize the scientific and commercial utility of the information contained in the articles.
• Fulfill access requirements by providing a link to a publisher’s site. However, this jeopardizes long-term access and preservation of publicly-funded research in the absence of a requirement that those links be permanently preserved. A better outcome would be to ensure that a copy is deposited in a federally-controlled repository.
• Spend up to 18 additional months to develop plans to comply with the conditions of the law, thus further delaying the plans that are already being organized by federal agencies under the White House Directive and Omnibus Appropriations Act.

This bill is scheduled to be marked up in the House Committee on Science, Space, and Technology tomorrow, March 13.

But there are better alternatives, both in existing policy (e.g. White House Directive), and in potential legislation (e.g. FASTR). Here’s what you can do right now:

• Send a letter to members of the House Science, Space and Technology Committee opposing Section 303 of the FIRST Act.
• Use the SPARC action center to customize and send letters directly to your legislators. Tweet your opposition to Section 303 of the FIRST Act, or post about the bill on Facebook.
• Write a letter to the editor or an op-ed for your local or campus newspaper. You can write directly to them or by using the SPARC legislative action center.
• Share this post with your colleagues, labs, friends and family.

This is part four of a five week series on the Affiliate Team project grants. So far, you’ve heard from our affiliates in Africa, Arab World, and Asia-Pacific. Today, we’re featuring our Europe projects, including a revived CC WordPress plugin from Finland, an awareness raising event in Dublin, Ireland, and a course for librarians and academics led by CC Romania.

---

Finland: WpLicense Revived
by project lead Tarmo Toikkanen

CC Finland is working on a revived Creative Commons WordPress plugin, building upon the existing official plugin built by Nathan Yergler, former CC CTO.
The renewed plugin will work in multi-author blogs with varying license needs, which displays correct author information on all pages in the license RDF, and which is localized to several languages. As an additional feature, integration with online CC-licensed image banks for searching and using figures in blog posts would be extremely useful in helping bloggers use pictures legally.
As WordPress is the most used CMS in the world, it should have robust Creative Commons functionality, officially produced by CC. The plugin would both make it easy for bloggers to share their content openly, and would educate many about CC licenses.
On February 19th, we announced an alpha version of the renewed WpLicense plugin. Download it here: https://github.com/tarmot/wp-cc-plugin/releases/tag/release-2.0-alpha
We welcome any bug reports, issues or general feedback on WPLicense on the cc-devel mailing list or as issues in Github.

Ireland: Awareness-raising Event in Dublin, November 2013
by project lead Darius Whelan

Creative Commons Ireland held an awareness-raising event in Dublin on “Maximising Digital Creativity, Sharing and Innovation” in January 2014. The event took place in the National Gallery of Ireland and was attended by 100 people working in technology, libraries, academia, galleries/libraries/museums, media and education. The speakers represented a cross-section of perspectives, and the event was an opportunity for CC Ireland to develop relationships with organisations such as the Open Knowledge Foundation, Digital Rights Ireland, and Ireland’s Copyright Review Committee. Eoin O’Dell of the Law School, Trinity College Dublin talked about copyright law reform and its impact on Creative Commons licences. The Copyright Review Committee, which was chaired by Dr O’Dell, published its proposals for change in Ireland in October 2013 (see http://www.djei.ie/press/2013/20131029.htm). O’Dell said his committee’s report had provided the first legal definition of metadata, which particularly aimed to protect the rights of digital photographers. The report also proposed that parody and linking should be allowed without any infringement of copyright, as well as a nine-point ‘fair use’ doctrine. Kristina Alexanderson of CC Sweden spoke about how she uses CC licences in her work and her work has been accessed by very large audiences as a result.

Conor McCabe / CC BY

Alek Tarkowski, European Policy Advisor, CC, discussed open policies for user rights and freedoms, and highlighted a Polish project for providing open education textbooks. Gwen Franck, CC Regional Co-ordinator, highlighted the work of CC Affiliates throughout Europe. Professor David Post, of Temple Law School, Philadelphia, USA said there were between 400 million and 800 million Creative Commons licences in use today, and Creative Commons represented people “taking the law into their own hands.” He said copyright law had “run amok,” with copyright protection running for too long and being too wide. The event was chaired by Darius Whelan and Louise Crowley of CC Ireland and the Faculty of Law, University College Cork. Photos, videos and slides are available at www.creativecommonsireland.org.

Photos: http://www.flickr.com/photos/114281612@N04/
Videos: http://www.youtube.com/user/creativecommonsirl
Slides: http://www.slideshare.net/cc-ireland

Romania: OER Awareness Activities for Librarians and Academics in Romania
#schoolofopen
by Jane Park (project lead: Bogdan Manolea)

Many librarians and academics in Romania are not aware of or knowledgeable about open educational resources (OER) and how they can best leverage them for their needs. CC Romania, along with the Association for Technology and Internet (ApTI), the National Association of Public Libraries and Librarians in Romania, and Kosson and Soros Foundation Romania teamed up to put on a series of workshops to raise awareness among librarians and academics on the topics of open educational resources (OER), copyright, and CC licenses.
The project was launched during the National Association of Librarians and Public Libraries (ANBPR) annual conference which took place between 10-12 October 2013 in Sibiu, Romania. The presentation prepared by the team project and delivered by Andra Bucur from the Soros Foundation explained in short about copyright issues and their limits, how to apply an open license to a creation, what are open educational resources (OER) and where to find them.
From this conference, participants signed up for a series of workshops which focused on the correct attribution of the CC licenses, aspects of OER, online courses and MOOCs delivered by Bogdan Manolea from ApTI and Nicolaie Constantinescu (ANBPR & Kosson.ro).
The series kicked off in 15 November in Brașov, Romania, as part of the International Colloquium on Social Science and Communication, a social science academic event.
Subsequent workshops were held in December 2013 and January 2014 at V.A. Urechia Regional Library in Galați; at Octavian Goga Regional Library in Cluj; at Polytechnical University in Timișoara; and University Vasile Goldiș in Arad. Future workshops wil take plece in Iași and Bucharest in February 2014.
The partners of the project are also organizing a conference in Bucharest during the open education week to share the best practices on education taught, but also learned in the project.
CC Romania also attended BVCCC – the first CC Film Festival to be ever organized in Romania that took place in Brașov in November 2013. This was a great opportunity for the team to reach out to a different type of public — mostly local artists and digital content creators.

On Thursday, March 14 Fundación Karisma, in collaboration with UNESCO and Creative Commons will launch the report “Public Expenditure On Education in Latin America: Can It Serve the Paris Open Educational Resources Declaration’s Purposes?”

“Human rights are not left at the door when we enter the online world.” This is the premise on which we embark on a new research project related to one of the fundamental rights under threat in a networked society: access to knowledge.

In Latin America, paper textbooks coexist with digital technologies, but for the most part these digital resources are not yet an essential part of education systems. Despite efforts to foster the pedagogical use of information technology, in Latin America there is currently more emphasis on connectivity issues. Without adequately addressing the challenges to connectivity, the educational ecosystem is wasting real opportunities to boost the adoption and implementation of appropriate technologies.

Open education promotes knowledge as a public good based on the following elements: redistribution (sharing with others), remixing (combining resources to create new content), free reuse of whole or partial educational materials with proper attribution, the ability to revise resources in order to make modifications, enhancements, and adaptations according to context, and peer reviewing to ensure resource quality.

As described in the report, the increasing availability of Open Educational Resources open up a range of possibilities for the countries of the region that are still depending on a high level of negotiations between state educational systems and the publishing industry. But while many governments do not have the technological capabilities to facilitate the realization of human rights, the recommendations of important instruments such as the Paris Open Educational Resources (OER) Declaration can be a useful tool to prompt political and social change within the educational systems in Latin America. According to the Paris OER Declaration, Open Educational Resources include any teaching, learning and research materials which are in the public domain or released under an intellectual property license that allows for free use, adaptation and distribution.

The report was commissioned by the UNESCO Regional Bureau for Science in Latin America and the Caribbean. It will be released on Thursday and published under a Creative Commons BY-NC-ND license. The report seeks to identify and analyze public policy and the investment and expenditure that the governments of Argentina, Chile, Colombia, Paraguay and Uruguay have committed for the development and procurement of textbooks, books and digital content for primary and secondary education (K-12).

Because the purpose of Open Education Week is to raise awareness about the movement and its impact on teaching and learning worldwide, we invite you to be part of the webinar. The event will be a dialogue on open education issues in the region with the participation of Carolina Rossini, OER expert from Brazil, Juan Carlos Bernal from the Ministry of National Education of Colombia, and Patricia Diaz and Virgina Rodes, who are members of the Uruguayan OER community. In addition to these speakers, a Creative Commons and UNESCO representatives will join the talk, as well as the group of researchers from Fundación Karisma who developed the report.

Webinar details:

• Date: March 13, 2014
• Time: 5:00 pm (Bogotá, UCT-5)
• Place: Watch for the webinar link on our social networks: Twitter @karismacol, Facebook Fundación Karisma, and our website: karisma.org.co

This post originally appeared via Fundación Karisma, a civil society organization based in Bogotá, Colombia. The organization supports and promotes access to information and communication technologies in Colombian and Latin American society.

I’m very excited to be speaking at South by Southwest tomorrow along with Scott Belsky of Behance, Sofya Polyakov of The Noun Project, and Eric Stover of Autodesk. Each speaker represents a community of designers that use open content or licenses in some way. I’m sure it will be a fascinating discussion.

For people coming to this blog post from the talk, here are some links you might like:

• Slides from the panel
• Featured CC Platform: Behance: My interview with Scott from a couple years ago, where he discusses why Behance users have so fully embraced CC licenses.
• Sofya Polyakov / Team Open: Sofya explains why open licensing is integral to The Noun Project’s business model.
• Autodesk invites users to remix its content: Our blog post from last year about Autodesk adopting CC licenses for all of its training content.
• Open Design Now: Online and print anthology about open design. Very fun read.
• Fiat: The Case for Letting Your Customers Design Your Products: Article in Inc. from a few years ago about Fiat’s CC-licensed car.
• CC in design: expanding your team of collaborators: My notes from a previous panel on open licensing in design.

After the panel, I’ll add a link to the slides.

Kristina Alexanderson / CC BY-NC-SA

Getty Images recently announced that it will allow free noncommercial embedding of 35 million of the images in its stock photography database. This is a good step toward better supporting a variety of users. Getty is clearly seeing its images appear across the web anyway, so it’s decided to go down the embed road, similar to how other content providers like YouTube handle the media they host. By requiring embedding, Getty will be able to track where its photos are being used online, and reserves the right to display advertisements. The announcement demonstrates a general understanding that Getty needs to meet users halfway in providing content in ways that is affordable, useable, and aligned with how people wish to share online today. At the same time, users may run into roadblocks in using Getty content, and openly-licensed resources could provide a straightforward alternative.

The Getty Images terms of use say that users can “only use embedded Getty Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest)”. Creative Commons-licensed images can be used for any purpose, by anyone, anywhere around the world, as long as the user follows the terms of the license. But no CC license dictates that a piece of licensed content may only be used for a specific purpose–editorial or otherwise.

The Getty terms also state that images “may not be used … for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship…”. The British Journal of Photography, in an interview with Getty Images representative Craig Peters, clarifies Getty’s interpretation of the boundaries of noncommercial use.

Blogs that draw revenues from Google Ads will still be able to use the Getty Images embed player at no cost. “We would not consider this commercial use,” says Peters.

Creative Commons has maintained a static definition of noncommercial use in its licenses over the years (which has earned its share of criticism). In license version 4.0 “NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.”

Another difference between the Getty Images embed service and Creative Commons-licensed images is that Getty would reserve the right to revoke its embedded photographs at any time. Its terms of use state that the “availability may change without notice. Getty Images reserves the right in its sole discretion to remove Getty Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Getty Images Content.” So unlike even the most restrictive Creative Commons license (which permits verbatim noncommercial copying with attribution), Getty Images requires an HTML embed which it solely controls. When images are licensed under Creative Commons licenses, downstream users are granted more permissive rights. As stated in our Frequently Asked Questions:

The CC licenses are irrevocable. This means that once you receive material under a CC license, you will always have the right to use it under those license terms, even if the licensor changes his or her mind and stops distributing under the CC license terms.

Finally, the Getty terms prohibit uses “outside of the context of the Embedded Viewer”, which means that you can’t use the Getty images in remixes, videos, or really anywhere that doesn’t use embeds. On the other hand, CC-licensed images permit reuse in any medium. The licenses grant users authorization to exercise their rights under the license “in all media and formats … and to make technical modifications necessary to do so.”

It’s good that Getty Images is providing free online access to millions of images. But the advantages of CC-licensed photos is clear: users can’t have the content pulled out from underneath them, the images can be used for any reason in any format, and in many cases images are licensed for broad reuse and modification. And remember, there’s a huge trove of Creative Commons-licensed images out there too (not to mention millions of photographs in the public domain for use without any restrictions whatsoever!). Flickr now contains over 300 million CC-licensed photos. Wikimedia Commons hosts over 20 million multimedia files (a large proportion which are openly-licensed photographs being used on Wikipedia). Or even check out Google Images or Bing to easily discover CC-licensed images.