DATA SUPPORT OPEN Training Module 2.5
Data & metadata
licensing
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This presentation has been created by PwC
Authors:
Makx Dekkers, Nikolaos Loutas, Michiel De Keyzer
and Stijn Goedertier
Presentation metadata Slide 2 Open Data Support is funded by the European Commission under SMART 2012/0107 ‘Lot 2: Provision of services for the Publication, Access and Reuse of Open Public Data across the European Union, through existing open data portals’(Contract No. 30-CE- 0530965/00-17).
© 2014 European Commission Disclaimers 1. The views expressed in this presentation are purely those of the authors and may not, in any circumstances, be interpreted as stating an official position of the European Commission. The European Commission does not guarantee the accuracy of the information included in this presentation, nor does it accept any responsibility for any use thereof. Reference herein to any specific products, specifications, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by the European Commission. All care has been taken by the author to ensure that s/he has obtained, where necessary, permission to use any parts of manuscripts including illustrations, maps, and graphs, on which intellectual property rights already exist from the titular holder(s) of such rights or from her/his or their legal representative. 2. This presentation has been carefully compiled by PwC, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. PwC is not liable for the information in this presentation or any decision or consequence based on the use of it.. PwC will not be liable for any damages arising from the use of the information contained in this presentation. The information contained in this presentation is of a general nature and is solely for guidance on matters of general interest. This presentation is not a substitute for professional advice on any particular matter. No reader should act on the basis of any matter contained in this publication without considering appropriate professional advice.
DATASUPPORT
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Learning objectives
By the end of this training module you should have an understanding
of:
• The importance of licensing.
• The meaning of “open” in Open Data.
• The licensing requirements in the revised PSI Directive.
• Creative Commons and the Open Data Commons.
• The licensing options for data and metadata and the consequences
for sharing and reuse.
• The Europeana Licensing Framework as a practical example.
Slide 3
DATASUPPORT OPEN Content This modules contains... • The importance of licensing • Licensing in the Open Data Principles • Licensing in the revised PSI Directive • Licensing options and good practice for reuse of data • Licensing options and good practice for reuse of metadata • A scenario for reuse of metadata • Case study: Europeana Slide 4
DATASUPPORT OPEN The importance of Licensing
Slide 5
DATASUPPORT OPEN Clear licence information is important because... • It tells users and reusers exactly what they can do with your data and metadata. • It encourages the use and reuse of your data and metadata the way you want them to be used and reused. • It creates visibility of your efforts downstream (if you ask for attribution).
Slide 6 If no explicit licence is provided, a user does not know what can be done with the data/metadata – the default legal position is that nothing can be done without contacting the owner on a case- by-case basis.
DATASUPPORT OPEN Clear licence information - example Slide 7
DATASUPPORT OPEN Licensing in the Open Data Principles How licences appear in the basic principles of open data and why licensing of open (meta)data is important. Slide 8
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The Open Data Definition
It also covers metadata
“A piece of data or content is open if anyone is free to use, reuse,
and redistribute it — subject only, at most, to the requirement to
attribute and/or share-alike”
-- opendefinition.org
This means, according to the Open Knowledge Foundation:
• Availability and Access: the data must be available as a whole and at no more than
a reasonable reproduction cost, preferably by downloading over the internet. The data
must also be available in a convenient and modifiable form.
• Reuse and Redistribution: the data must be provided under terms that permit
reuse and redistribution including the intermixing with other datasets.
• Universal Participation: everyone must be able to use, reuse and redistribute -
there should be no discrimination against fields of endeavour or against persons or
groups. For example, ‘non-commercial’ restrictions that would prevent ‘commercial’
use, or restrictions of use for certain purposes (e.g. only in education), are not allowed
Slide 9
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Licensing is the first star...
Two stars: publish in machine-readable
format
One star: publish data under an open licence
Three stars: publish in open format
Five stars: create links to other data
Four stars: assign URIs to data
See also:
http://www.slideshare.net/OpenDataSupport
/introduction-to-linked-data-23402165
Slide 10
DATASUPPORT OPEN Licensing in the revised PSI Directive
Slide 11
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Obligations of Member States according to the PSI
Directive
Public sector bodies are obliged, for all information they hold related to their public task
and that is not explicitly mentioned in one of the exceptions, to:
•
Make information reusable for commercial or non-commercial purposes under non-
discriminatory conditions.
•
Process requests and provide access within 20 days (or 40 if request is complex); justify
negative decision and inform about how to appeal.
•
Charge no more than the marginal cost incurred for reproduction, provision and
dissemination; the charges (if any) and the calculation basis for those charges are to be pre-
established and published, through electronic means where possible and appropriate.
•
Publish licences in digital format.
•
Make information available in pre-existing format and language, and where possible and
appropriate, in open and machine- readable format together with their metadata. Both the
format and the metadata should, in so far as possible, comply with formal open standards.
•
Put in place practical arrangements that facilitate the search for documents available for reuse,
such as assets lists, accessible preferably online, of main documents, and portal sites that are linked
to decentralised assets lists.
Slide 12
DATASUPPORT OPEN Directive 2013/37/EU says... • Any licences […] should […] place as few restrictions on reuse as possible […]. Open licences available online, which grant wider reuse rights without technological, financial or geographical limitations and relying on open data formats, should play an important role in this respect. Therefore, Member States should encourage the use of open government licences […].
- Recital (26) • Public sector bodies may allow reuse without conditions or may impose conditions, such as indication of source, where appropriate through a licence. These conditions shall not unnecessarily restrict possibilities for reuse and shall not be used to restrict competition.
- Article 8, paragraph 1 Slide 13 See also: http://www.slideshare.net/OpenDataSupport/th e-psi-directive-and-open-government-data
DATASUPPORT OPEN Consequences of the PSI Directive with regards to licensing Make information re-usable for commercial or non-commercial purposes under non-discriminatory conditions Conditions need to be pre-established, transparent and the same for everyone. The Directive encourages the use of an open licence.
Publish licenses in digital format Explicit licences should be associated with the available data.
Facilitate search for information, preferably online (e.g. portal) This implies public availability of descriptions of available data.
Slide 14
DATASUPPORT OPEN Licensing options and good practices The case of data – different options exist for licensing your data depending on its nature.
Slide 15
DATASUPPORT OPEN Licensing datasets • If you want to attach no restrictions to your data: Say it!
• Every dataset should have a licence associated to it.
- Without an explicit licence, reuse is restricted.
• The objective should be to make data(sets) as openly available as possible, within the boundaries of the law.
Slide 16 But how can I know which licence is fit for purpose?
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Different data have different licensing needs
• Some data(sets) may be required to be openly available.
e.g. subject to a Freedom of Information Act
• Some data(sets) may be subject to restrictions.
e.g. privacy, national security, third party rights
• Some data(sets) may be available for reuse but not for
modification.
e.g. legal texts, public budgets (if modifications are made, it must
be made clear that the data is not the actual authentic version)
• Some data(sets) may be published allowing derivations with
attribution of authoritative source.
e.g. legal commentary, translations
Slide 17
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Licensing approaches: Creative Commons (1)
Public domain - No rights reserved – allows licensors to waive all
rights and place a work in the public domain. others may freely build
upon, enhance and reuse the works for any purposes without
restriction under copyright or database law.
Slide 18
Attribution – Others can distribute, remix, tweak, and build upon
your work, even commercially, as long as they credit you for the
original creation.
Attribution-ShareAlike – Others can remix, tweak, and build upon
your work even for commercial purposes, as long as they credit you
and license their new creations under the identical terms.
See also:
http://creativecommons.org/licenses/
Public Domain Mark – “No know copyright”– allows licensors
to waive all rights and place a work in the public domain. It indicates
that a work is no longer restricted by copyright and can be freely used
by others.
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Licensing approaches: Creative Commons (2)
Slide 19
Attribution-NonCommercial-ShareAlike – Others can remix,
tweak, and build upon your work non-commercially, as long as they
credit you and license their new creations under the identical terms .
Attribution-NoDerivs – Allows for redistribution, commercial and
non-commercial, as long as it is passed along unchanged and in whole,
with credit to you.
Attribution-NonCommercial – Others can remix, tweak, and
build upon your work non-commercially, and although their new
works must also acknowledge you and be non-commercial, they don’t
have to license their derivative works on the same terms.
Attribution-NonCommercial-NoDerivs – Only allows others to
download your works and share them with others as long as they
credit you, but they can’t change them in any way or use them
commercially.
See also:
http://creativecommons.org/licenses/
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Good practices for licensing your data
Good practices:
If the original data is in the public domain (e.g. by law), keep it there
– use for example the Creative Commons Zero Public Domain
Dedication or the Open Data Commons Public Domain Dedication
and License (PDDL)
For some documentation integrity needs to be protected – use a No-
Derivatives licence, for example Creative Commons Attribution-
NoDerivs, but only if really necessary
Avoid Non-Commercial licences if at all possible, as these seriously
restrict reuse.
Slide 20
Licences for data should provide appropriate security and control
(but not more than that).
DATASUPPORT OPEN UK Government licence for PSI Slide 21 http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/
DATASUPPORT OPEN Using an open and unrestricting licence for your data Whenever data is licensed for open and unrestricted access, reusers can create new knowledge from combining it.
For example,
•
Cross-referencing public spending with geographic data to visualise which
regions are better funded.
•
Matching public transport timetables with GPS data to be able to give real
time information on delays.
•
Measuring performance of public services based on transaction counters
and waiting times.
•
Deriving recommendations for prevention policies relating accident
statistics with weather data and road maps.
Slide 22
DATASUPPORT OPEN Protecting against liability Liability risks are related to: • Infringement on third-party rights (personal data, copyright, database rights etc.)
- Rights must be cleared and data must be anonymised • (In)correctness of data
- A disclaimer makes clear in how far the publisher guarantees correctness of the data • Unfair competition to market parties already selling the information
- In such cases, market parties need to be consulted, e.g. providing a phasing-in period
Slide 23
Source: Marc de Vries. Open Data and Liability. EPSIplatform Topic Report No. 2012/13.
http://epsiplatform.eu/sites/default/files/Final%20TR%20Open%20Data%20and%20Liability.pdf