Joris Pekel

Joris is community coordinator cultural heritage at the Europeana Foundation and coordinates the OpenGLAM working group.

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  • Dear Joris,

    Thank you for your post, you are adressing a lot of important points! That said, we feel that the
    difference between the rights to metadata and the rights to digital objects (content and derivatives) themselves have not been sufficiently taken into account. You are discussing the metadata, yet the cited Terms of Use (TOS) focus on digital content and derivatives.

    The TOS of the DDB are merely an indication that there may be some rights reserved for metadata and digital objects which can be accessed through the portal, which must be
    observed. The TOS refer to the priority of explicitly defined rights and specific license terms and make it clear that where they are not named; the framework defined by laws such as the Copyright Law applies.

    Exactly the same applies, even if not explicitly described, for digital content and derivatives
    made accessible through Europeana. As for the metadata, there is a difference in as far as Europeana accepts only CC0 metadata, so only metadata that fulfils this requirement can be used to lead the user to digital content and derivatives and made available via an API.

    The API for metadata, which the DDB will provide in an initial version in the first half of
    2013, will also only open metadata, which was provided by the cooperating partners under the CC0 license. However, this applies to the predominant share of our metadata.

    On the other hand, the museums in particular are not keen to make their metadata available under CC0, simply because their metadata is so elaborated and profound that – just
    like abstracts – it is eligible for copyright protection. They are not prepared to waive this protection completely. The motive behind this is less about trying to prevent commercial subsequent uses, but much more to keep some control over the data in the interest of safeguarding its authenticity and integrity in the further communication, so this is about a CC BY licence.

    To get an idea of the depth of the descriptive information in these cases, please just have a
    look at the digital objects of the Antikensammlung in the DDB, for example.

    Regarding the discussion with the museums, Europeana has the same issues as we do. But they
    chose to deal with out all metadata t is not under the CCO license. The DDB is not so strict in this regard, which allows us to benefit from the more profound metadata. This data can however only be passed on Europeana as defined core set of metadata (see the technical questions in our FAQ: http://www.deutsche-digitale-bibliothek.de/content/faq/#E) We will also not be able to make them available via the API.

    So, to sum it up:
    The DDB has made a compromise that allows for a elaborate metadata on one hand, and maximum reusability and openness of the metadata for the general public on the other.

    There is still a long way to go, but we are looking forward to the discussion.

    All the best,

    Dr. Ellen Euler
    Branch Office Manager
    Deutsche Digitale Bibliothek

    • Dear Ellen,

      Thank you for your thorough response.

      I understand the issue about ‘when metadata becomes actual content’. Institutions who put a lot of effort in for example transcribing and translating documents often do not feel comfortable to waive away all rights, and perhaps rightfully so. This kind of content can get more value when the source is properly attributed. It does however seems like such a pity that because some institutions are not keen on doing this, nobody can benefit from openly licensed metadata which anyone can reuse and link. I am seriously wondering how many of the around 2000 institutions that signed the agreement are actually opposing CC0. I would even see a role for the OKFN and Wikimedia Germany to talk to these institutions about the benefits of open data.

      As you mentioned, Europeana allows the cultural institutions to choose what part of their metadata they will provide to Europeana under the CC0 license, and what not. This automatically leads to less high quality metadata, but it is freely available for anyone to reuse. Would it not be an option for the DDB to say, we want this data from your institution under CC0: name, year, author etc +thumbnail, and the full descriptions for example under a CC-BY-SA license? A filter option would not be hard to implement and with the API it should be even easier to achieve. The CC0 material can then be immediately be aggregated by Europeana, leading to higher visibility for the institutions and the DDB

      Finally, I think that the DDB, and for that matter Europeana as well, should put more effort in educating, convincing, and helping institutions to release digitised works that are in the public domain, and put inflict new copyright on scans of the work as they ar direct reproductions.

      The OKFN and myself would be very willing to help with these issues so do get in touch.

      All the best,

      Joris

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