Free content

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Logo of the Definition of Free Cultural Works project Definition of Free Cultural Works logo notext.svg
Logo of the Definition of Free Cultural Works project
The logo on the screen in the subject's left hand is a Creative Commons license, while the paper in his right hand explains, in Khmer, that the image is open content Discussing Creative Commons licensing in Khmer.jpg
The logo on the screen in the subject's left hand is a Creative Commons license, while the paper in his right hand explains, in Khmer, that the image is open content

Free content, libre content, libre information, or free information is any kind of functional work, work of art, or other creative content that meets the definition of a free cultural work, meaning "works or expressions which can be freely studied, applied, copied and/or modified, by anyone, for any purpose." [1] Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the definition of free cultural work.

Contents

In most countries, the Berne Convention grants copyright holders monopolistic control over their creations by default, therefore, copyrighted content must be explicitly declared free. This is usually accomplished by referencing or including licensing statements from within the work.

Definition

A free cultural work is, according to the definition of Free Cultural Works, one that has no significant legal restriction on people's freedom to:

Although there are a great many different definitions in regular everyday use, free content is legally very similar to open content. An analogy is a use of the rival terms free software and open-source, which describe ideological differences rather than legal ones. [3] The term Open Source, by contrast, sought to encompass them all in one movement. [4] [5] For instance, the Open Knowledge Foundation's Open Definition describes "open" as synonymous with the definition of free in the "Definition of Free Cultural Works" (as also in the Open Source Definition and Free Software Definition). [6] For such free/open content both movements recommend the same three Creative Commons licenses, the CC BY, CC BY-SA, and CC0. [7] [8] [9] [10]

Copyright symbol Copyright.svg
Copyright symbol

Copyright is a legal concept, which gives the author or creator of a work legal control over the duplication and public performance of their work. In many jurisdictions, this is limited by a time period after which the works then enter the public domain. Copyright laws are a balance between the rights of creators of intellectual and artistic works and the rights of others to build upon those works. During the time period of copyright the author's work may only be copied, modified, or publicly performed with the consent of the author, unless the use is a fair use. Traditional copyright control limits the use of the work of the author to those who either pay royalties to the author for usage of the author's content or limit their use to fair use. Secondly, it limits the use of content whose author cannot be found. [11] Finally, it creates a perceived barrier between authors by limiting derivative works, such as mashups and collaborative content. [12]

Public domain

Public domain logo PD-icon.svg
Public domain logo

The public domain is a range of creative works whose copyright has expired or was never established, as well as ideas and facts [note 1] which are ineligible for copyright. A public domain work is a work whose author has either relinquished to the public or no longer can claim control over, the distribution and usage of the work. As such, any person may manipulate, distribute, or otherwise use the work, without legal ramifications. A work in the public domain or released under a permissive license may be referred to as "copycenter". [13]

Copyleft

Copyleft symbol Copyleft.svg
Copyleft symbol

Copyleft is a play on the word copyright and describes the practice of using copyright law to remove restrictions on distributing copies and modified versions of a work. [14] The aim of copyleft is to use the legal framework of copyright to enable non-author parties to be able to reuse and, in many licensing schemes, modify content that is created by an author. Unlike works in the public domain, the author still maintains copyright over the material, however, the author has granted a non-exclusive license to any person to distribute, and often modify, the work. Copyleft licenses require that any derivative works be distributed under the same terms and that the original copyright notices be maintained. A symbol commonly associated with copyleft is a reversal of the copyright symbol, facing the other way; the opening of the C points left rather than right. Unlike the copyright symbol, the copyleft symbol does not have a codified meaning. [15]

Usage

Projects that provide free content exist in several areas of interest, such as software, academic literature, general literature, music, images, video, and engineering. Technology has reduced the cost of publication and reduced the entry barrier sufficiently to allow for the production of widely disseminated materials by individuals or small groups. Projects to provide free literature and multimedia content have become increasingly prominent owing to the ease of dissemination of materials that are associated with the development of computer technology. Such dissemination may have been too costly prior to these technological developments.

Media

Creative Commons logo Cc.logo.circle.svg
Creative Commons logo

In media, which includes textual, audio, and visual content, free licensing schemes such as some of the licenses made by Creative Commons have allowed for the dissemination of works under a clear set of legal permissions. Not all Creative Commons licenses are entirely free; their permissions may range from very liberal general redistribution and modification of the work to a more restrictive redistribution-only licensing. Since February 2008, Creative Commons licenses which are entirely free carry a badge indicating that they are "approved for free cultural works". [16] Repositories exist which exclusively feature free material and provide content such as photographs, clip art, music, [17] and literature. [18] While extensive reuse of free content from one website in another website is legal, it is usually not sensible because of the duplicate content problem. Wikipedia is amongst the most well-known databases of user-uploaded free content on the web. While the vast majority of content on Wikipedia is free content, some copyrighted material is hosted under fair-use criteria.

Software

OSI logo Open Source Initiative.svg
OSI logo

Free and open-source software, which is often referred to as open source software and free software, is a maturing technology with companies using them to provide services and technology to both end-users and technical consumers. The ease of dissemination increases modularity, which allows for smaller groups to contribute to projects as well as simplifying collaboration. Some claim that open source development models offer similar peer-recognition and collaborative benefit incentive as in more classical fields such as scientific research, with the social structures that result leading to decreased production costs. [19]

Free Software Foundation logo FSF-Logo part.svg
Free Software Foundation logo

Given sufficient interest in a software component, by using peer-to-peer distribution methods, distribution costs may be reduced, easing the burden of infrastructure maintenance on developers. As distribution is simultaneously provided by consumers, these software distribution models are scalable; that is, the method is feasible regardless of the number of consumers. In some cases, free software vendors may use peer-to-peer technology as a method of dissemination. [20] Project hosting and code distribution is not a problem for most free projects as a number of providers offer these services free of charge.

Engineering and technology

Logo of the Open Source Hardware Association Open Source Hardware Association logo.svg
Logo of the Open Source Hardware Association

Free content principles have been translated into fields such as engineering, where designs and engineering knowledge can be readily shared and duplicated, in order to reduce overheads associated with project development. Open design principles can be applied in engineering and technological applications, with projects in mobile telephony, small-scale manufacture, [21] the automotive industry, [22] [23] and even agricultural areas. Technologies such as distributed manufacturing can allow computer-aided manufacturing and computer-aided design techniques to be able to develop small-scale production of components for the development of new, or repair of existing, devices. Rapid fabrication technologies underpin these developments, which allow end-users of technology to be able to construct devices from pre-existing blueprints, using software and manufacturing hardware to convert information into physical objects.

Academia

In academic work, the majority of works are not free, although the percentage of works that are open access is growing. Open access refers to online research outputs that are free of all restrictions to access and free of many restrictions on use (e.g. certain copyright and license restrictions). [24] Authors may see open access publishing as a way of expanding the audience that is able to access their work to allow for greater impact, or support it for ideological reasons. [25] [26] Open access publishers such as PLOS and BioMed Central provide capacity for review and publishing of free works; such publications are currently more common in science than humanities. Various funding institutions and governing research bodies have mandated that academics must produce their works to be open-access, in order to qualify for funding, such as the US National Institutes of Health, Research Councils UK (effective 2016) and the European Union (effective 2020). [27] [28] [29]

Open access symbol, originally designed by PLOS Open Access logo PLoS white.svg
Open access symbol, originally designed by PLOS

At an institutional level, some universities, such as the Massachusetts Institute of Technology, have adopted open access publishing by default by introducing their own mandates. [30] Some mandates may permit delayed publication and may charge researchers for open access publishing. [31] [32] For teaching purposes, some universities, including MIT, provide freely available course content, such as lecture notes, video resources and tutorials. This content is distributed via Internet to the general public. Publication of such resources may be either by a formal institution-wide program, [33] or informally, by individual academics or departments.

Open content publication has been seen as a method of reducing costs associated with information retrieval in research, as universities typically pay to subscribe for access to content that is published through traditional means. [10] [34] Subscriptions for non-free content journals may be expensive for universities to purchase, though the articles are written and peer-reviewed by academics themselves at no cost to the publisher. This has led to disputes between publishers and some universities over subscription costs, such as the one which occurred between the University of California and the Nature Publishing Group. [35] [36]

Legislation

Any country has its own law and legal system, sustained by its legislation, a set of law-documentsdocuments containing statutory obligation rules, usually law and created by legislatures. In a democratic country, each law-document is published as open media content, is in principle free content; but in general, there are no explicit licenses attributed for each law-document, so the license must be interpreted, an implied license . Only a few countries have explicit licenses in their law-documents, as the UK's Open Government Licence (a CC BY compatible license). In the other countries, the implied license comes from its proper rules (general laws and rules about copyright in government works). The automatic protection provided by the Berne Convention does not apply to law-documents: Article 2.4 excludes the official texts from the automatic protection. It is also possible to "inherit" the license from context. The set of country's law-documents is made available through national repositories. Examples of law-document open repositories: LexML Brazil, Legislation.gov.uk, N-Lex. In general, a law-document is offered in more than one (open) official version, but the main one is that published by a government gazette. So, law-documents can eventually inherit license expressed by the repository or by the gazette that contains it.

Open content

Open content describes any work that others can copy or modify freely by attributing to the original creator, but without needing to ask for permission. This has been applied to a range of formats, including textbooks, academic journals, films and music. The term was an expansion of the related concept of open-source software. [37] Such content is said to be under an open license.

Open content definition

The website of the Open Content Project once defined open content as 'freely available for modification, use and redistribution under a license similar to those used by the open-source / free software community'. [37] However, such a definition would exclude the Open Content License because that license forbids charging for content; a right required by free and open-source software licenses.[ citation needed ]

The term since shifted in meaning. Open content is "licensed in a manner that provides users with free and perpetual permission to engage in the 5R activities." [38]

The 5Rs are put forward on the Open Content Project website as a framework for assessing the extent to which content is open:

  1. Retain – the right to make, own, and control copies of the content (e.g., download, duplicate, store, and manage)
  2. Reuse – the right to use the content in a wide range of ways (e.g., in a class, in a study group, on a website, in a video)
  3. Revise – the right to adapt, adjust, modify, or alter the content itself (e.g., translate the content into another language)
  4. Remix – the right to combine the original or revised content with other open content to create something new (e.g., incorporate the content into a mashup)
  5. Redistribute – the right to share copies of the original content, your revisions, or your remixes with others (e.g., give a copy of the content to a friend) [38]

This broader definition distinguishes open content from open-source software, since the latter must be available for commercial use by the public. However, it is similar to several definitions for open educational resources, which include resources under noncommercial and verbatim licenses. [39] [40]

History

Origins

The concept of applying free software licenses to content was introduced by Michael Stutz, who in 1997 wrote the paper "Applying Copyleft to Non-Software Information" for the GNU Project. [41] The term "open content" was coined by David A. Wiley in 1998 and evangelized via the Open Content Project, describing works licensed under the Open Content License (a non-free share-alike license, see 'Free content' below) and other works licensed under similar terms. [37]

Open Content Project logo, 1998 Open content norm.svg
Open Content Project logo, 1998

It has since come to describe a broader class of content without conventional copyright restrictions. The openness of content can be assessed under the '5Rs Framework' based on the extent to which it can be reused, revised, remixed and redistributed by members of the public without violating copyright law. [38] Unlike free content and content under open-source licenses, there is no clear threshold that a work must reach to qualify as 'open content'.

Although open content has been described as a counterbalance to copyright, open content licenses rely on a copyright holder's power to license their work, as copyleft which also utilizes copyright for such a purpose. [42]

In 2003, David Wiley announced that the Open Content Project had been succeeded by Creative Commons and their licenses; Wiley joined as "Director of Educational Licenses". [43] [44]

In 2005, the Open Icecat project was launched, in which product information for e-commerce applications was created and published under the Open Content License. It was embraced by the tech sector, which was already quite open source minded.

In 2006, a Creative Commons' successor project, the Definition of Free Cultural Works, was introduced for free content. [45] It was put forth by Erik Möller, Richard Stallman, Lawrence Lessig, Benjamin Mako Hill, Angela Beesley, and others. [46] The Definition of Free Cultural Works is used by the Wikimedia Foundation. [47] In 2009, the Attribution and Attribution-ShareAlike Creative Commons licenses were marked as "Approved for Free Cultural Works". [48]

Open Knowledge Foundation OK LOGO COLOUR RGB.svg
Open Knowledge Foundation

Another successor project is the Open Knowledge Foundation, founded by Rufus Pollock in Cambridge, in 2004 [49] as a global non-profit network to promote and share open content and data. [50]

In 2007 the OKF gave an Open Knowledge Definition for "content such as music, films, books; data be it scientific, historical, geographic or otherwise; government and other administrative information". [51] In October 2014 with version 2.0 Open Works and Open Licenses were defined and "open" is described as synonymous to the definitions of open/free in the Open Source Definition, the Free Software Definition, and the Definition of Free Cultural Works. [52]

A distinct difference is the focus given to the public domain, open access, and readable open formats. OKF recommends six conformant licenses: three of OKN's (Open Data Commons Public Domain Dedication and Licence, Open Data Commons Attribution License, Open Data Commons Open Database License) and the CC BY, CC BY-SA, and CC0 Creative Commons licenses. [53] [54] [55]

Open access

"Open access" refers to toll-free or gratis access to content, mainly published in peer-reviewed scholarly journals. Some open access works are also licensed for reuse and redistribution (libre open access), which would qualify them as open content.

The later Open Definition by the Open Knowledge Foundation defines open knowledge with open content and open data as sub-elements and draws heavily on the Open Source Definition; it preserves the limited sense of open content as free content, [56] unifying both.

Open content and education

Unesco's Open Educational Resources logo Global Open Educational Resources Logo.svg
Unesco's Open Educational Resources logo

Open content has been used to develop alternative routes towards higher education. Traditional universities are expensive, and their tuition rates are increasing. [57] [58] Open content is a free way of obtaining higher education that is "focused on collective knowledge and the sharing and reuse of learning and scholarly content." [59] There are multiple projects and organizations that promote learning through open content, including OpenCourseWare and Khan Academy. Some universities, like MIT, Yale, and Tufts are making their courses freely available on the internet. [60]

Textbooks

Traditional textbooks, aside from being expensive, can be inconvenient and out of date, because of publishers' tendency to print new editions. [61] Open textbooks help to eliminate this problem, because they are online and thus easily updatable. There are multiple organizations promoting the creation of openly licensed textbooks such as the University of Minnesota's Open Textbook Library, Connexions, OpenStax College, the Saylor Academy, Open Textbook Challenge, and Wikibooks.

Licenses

According to the current definition of open content on the OpenContent website, any general, royalty-free copyright license would qualify as an open license because it 'provides users with the right to make more kinds of uses than those normally permitted under the law. These permissions are granted to users free of charge.' [38]

However, the narrower definition used in the Open Definition effectively limits open content to libre content. Any free content license, defined by the Definition of Free Cultural Works, would qualify as an open content license. According to this narrower criteria, the following still-maintained licenses qualify:

See also

Explanatory notes

  1. The copyright status of uncreative aggregates of basic data may differ by region—for the US see Feist Publications v. Rural Telephone Service ; for Australia, see Telstra v Desktop Marketing Systems .

Related Research Articles

<span class="mw-page-title-main">Free software</span> Software licensed to be freely used, modified and distributed

Free software, libre software, or libreware is computer software distributed under terms that allow users to run the software for any purpose as well as to study, change, and distribute it and any adapted versions. Free software is a matter of liberty, not price; all users are legally free to do what they want with their copies of a free software regardless of how much is paid to obtain the program. Computer programs are deemed "free" if they give end-users ultimate control over the software and, subsequently, over their devices.

<span class="mw-page-title-main">Open-source license</span> Software license allowing source code to be used, modified, and shared

Open-source licenses are software licenses that allow content to be used, modified, and shared. They facilitate free and open-source software (FOSS) development. Intellectual property (IP) laws restrict the modification and sharing of creative works. Free and open-source licenses use these existing legal structures for an inverse purpose. They grant the recipient the rights to use the software, examine the source code, modify it, and distribute the modifications. These criteria are outlined in the Open Source Definition.

Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow authors of creative works to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Content owners still maintain their copyright, but Creative Commons licenses give standard releases that replace the individual negotiations for specific rights between copyright owner (licensor) and licensee, that are necessary under an "all rights reserved" copyright management.

The Open Publication License (OPL) was published by the Open Content Project in 1999 as a public copyright license for documents. It superseded the Open Content License, which was published by the Open Content Project in 1998. Starting around 2002-2003, it began to be superseded, in turn, by the Creative Commons licenses.

<span class="mw-page-title-main">Creative Commons license</span> Copyright license for free use of a work

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

<span class="mw-page-title-main">Free Art License</span> Type of free content license

The Free Art License (FAL) is a copyleft license that grants the right to freely copy, distribute, and transform creative works except for computer hardware and software, including for commercial use.

<span class="mw-page-title-main">Share-alike</span> Condition in some free copyright licenses

Share-alike (🄎) is a copyright licensing term, originally used by the Creative Commons project, to describe works or licenses that require copies or adaptations of the work to be released under the same or similar license as the original. Copyleft licenses are free content or free software licenses with a share-alike condition.

<span class="mw-page-title-main">Free-culture movement</span> Social movement promoting the freedom to distribute and modify the creative works of others

The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media.

This comparison only covers software licenses which have a linked Wikipedia article for details and which are approved by at least one of the following expert groups: the Free Software Foundation, the Open Source Initiative, the Debian Project and the Fedora Project. For a list of licenses not specifically intended for software, see List of free-content licences.

Open-source religions employ open-source methods for the sharing, construction, and adaptation of religious belief systems, content, and practice. In comparison to religions utilizing proprietary, authoritarian, hierarchical, and change-resistant structures, open-source religions emphasize sharing in a cultural Commons, participation, self-determination, decentralization, and evolution. They apply principles used in organizing communities developing open-source software for organizing group efforts innovating with human culture. New open-source religions may develop their rituals, praxes, or systems of beliefs through a continuous process of refinement and dialogue among participating practitioners. Organizers and participants often see themselves as part of a more generalized open-source and free-culture movement.

<span class="mw-page-title-main">Open Source Judaism</span>

Open-source Judaism is a name given to initiatives within the Jewish community employing open content and open-source licensing strategies for collaboratively creating and sharing works about or inspired by Judaism for faster, instantaneous communication. Open-source efforts in Judaism utilize licensing strategies by which contemporary products of Jewish culture under copyright may be adopted, adapted, and redistributed with credit and attribution accorded to the creators of these works. Often collaborative, these efforts are comparable to those of other open-source religious initiatives inspired by the free culture movement to openly share and broadly disseminate seminal texts and techniques under the aegis of copyright law. Combined, these initiatives describe an open-source movement in Judaism that values correct attribution of sources, creative sharing in an intellectual commons, adaptable future-proof technologies, open technological standards, open access to primary and secondary sources and their translations, and personal autonomy in the study and craft of works of Torah.

License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirements, rendering it impossible to legally combine source code from separately-licensed software in order to create and publish a new program. Proprietary licenses are generally program-specific and incompatible; authors must negotiate to combine code. Copyleft licenses are commonly deliberately incompatible with proprietary licenses, in order to prevent copyleft software from being re-licensed under a proprietary license, turning it into proprietary software. Many copyleft licenses explicitly allow relicensing under some other copyleft licenses. Permissive licenses are compatible with everything, including proprietary licenses; there is thus no guarantee that all derived works will remain under a permissive license.

<span class="mw-page-title-main">Free-software license</span> License allowing software modification and redistribution

A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software using such a license is free software as conferred by the copyright holder. Free-software licenses are applied to software in source code and also binary object-code form, as the copyright law recognizes both forms.

<span class="mw-page-title-main">Copyleft</span> Practice of mandating free use in all derivatives of a work

Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, freedoms refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, scientific discoveries and even certain patents.

<span class="mw-page-title-main">GNU General Public License</span> Series of free software licenses

The GNU General Public License is a series of widely used free software licenses or copyleft that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general use and was originally written by Richard Stallman, the founder of the Free Software Foundation (FSF), for the GNU Project. The license grants the recipients of a computer program the rights of the Free Software Definition. The licenses in the GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. It is more restrictive than the Lesser General Public License and even further distinct from the more widely used permissive software licenses BSD, MIT, and Apache.

<span class="mw-page-title-main">GNU Free Documentation License</span> Copyleft license primarily for free software documentation

The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation (FSF) for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and derivatives to be available under the same license. Copies may also be sold commercially, but, if produced in larger quantities, the original document or source code must be made available to the work's recipient.

<span class="mw-page-title-main">Definition of Free Cultural Works</span> Project to define free content

The Definition of Free Cultural Works evaluates and recommends compatible free content licenses.

A free license or open license is a license which allows others to reuse another creator’s work as they wish. Without a special license, these uses are normally prohibited by copyright, patent or commercial license. Most free licenses are worldwide, royalty-free, non-exclusive, and perpetual. Free licenses are often the basis of crowdsourcing and crowdfunding projects.

A public license or public copyright licenses is a license by which a copyright holder as licensor can grant additional copyright permissions to any and all persons in the general public as licensees. By applying a public license to a work, provided that the licensees obey the terms and conditions of the license, copyright holders give permission for others to copy or change their work in ways that would otherwise infringe copyright law.

<span class="mw-page-title-main">Open source</span> Practice of freely allowing access and modification of source code

Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized software development model that encourages open collaboration. A main principle of open-source software development is peer production, with products such as source code, blueprints, and documentation freely available to the public. The open-source movement in software began as a response to the limitations of proprietary code. The model is used for projects such as in open-source appropriate technology, and open-source drug discovery.

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Further reading