At the end of March the European Commission (EC) has announced it is adopting the Creative Commons By Attribution license as its standard license.
The CC-BY license will be used for videos and photos, studies published in peer-reviewed journals, data and visualisations on the EU open data portal and documents published on EU websites.
Re-use of EC material has been possible since 2006 (and rephrased in 2011), but in practice it wasn’t always clear to potential re-users what was allowed and what wasn’t.
While re-use and attribution is part of the EC’s copyright notice, it is likely re-users are discouraged by the copyright claim above it, and missing the permissions underneath it:
Current default copyright notice on EC websites, to be exchanged for a CC-BY license
In contrast adding the Creative Commons By Attribution license sends a clear message about permissions that are granted up-front without the need for a re-user to seek consent: any re-use is permitted, including commercial re-use, provided the EC is attributed as its source, and provided re-use forms or alterations don’t suggest they are endorsed by or coming from the EC.
The clarity that a Creative Commons license provides
(full disclosure: I am a board member of Open Nederland, the Dutch Creative Commons chapter)
As of today it is final: the new EU copyright directive has been adopted (ht Julia Reda). I am pleased to see my government voted against, as it has in earlier stages, and as my MEPs did. Sadly it hasn’t been enough to cut Article 11 and 13, despite the mountain of evidence and protests against both articles. It is interesting and odd to see both Spain and Germany vote in favour, given the failure of their respective laws on which Article 11 is based, and the German government coalition parties stated position of being against content filters (i.e. Article 13).
Over the next two years it is important to track the legislative efforts in Member States implementing this Directive. Countries that voted against or abstained will try to find the most meaningless implementation of both Articles 11 and 13, and will be emphasising the useful bits in other parts of the Directive I suspect, while subjected to intense lobbying efforts both for and against. The resulting differences in interpretation across MS will be of interest. Also looking forward to following the court challenges that will undoubtedly result.
In the mean time, you as an internet-citizen have two more years to build and extend your path away from the silos where Article 11 and 13 will be an obstacle to you. Run your own stuff, decentralise and federate. Walkaway from the big platforms. But most of all, interact with creators and makers directly. Both when it comes to re-using or building on their creations, as when it comes to supporting them. Article 11 and 13 will not bring any creator any new revenue, dominant entertainment industry mediators are the ones set to profit from rent seeking. Vote with your feet and wallet.
Some links I thought worth reading the past few days
How we deal with data is geopolitical. The USA has been successful in exporting their surveillance capitalism, and China has been quietly exporting their data driven authoritarianism in the past few years. The EU is (too) slowly positioning itself as a third proposition, one of enlightenment by design, and ethics by design.
Sadly both the controversial Article 11 and 13 of the new EU Copyright Directive have been approved by the EU Parliament, despite strong criticism also from those content creators it is supposed to protect. Later this year a vote on the final proposal will take place, after the European parliament, the EU Commission and the Council (the national leaders) have worked out a common text. German MEP Julia Reda, like Dutch MEP Marietje Schaake, has stood against these proposals for a long time, and she blogs about the result.
I’ve mailed all Dutch MEPs ahead of the votes taking place last July, but only the ones that agree with my views ever write back. No argumentation of those in favour.
Good and frank conversation today with someone at the European Parliament working on the planned EP’s response to the European Commission’s new proposal for the PSI Directive. Will put more thoughts to paper and publish early August.