Open Ed: Week 6: Copyright and the Public Domain
Posted by rreo on October 7, 2007
QUESTIONS: Understanding the importance and value of the public domain, how much (what percentage) of this value would you estimate is realized when works are licensed with a Creative Commons or GFDL license? To what degree would the open educational resources movement (and therefore the world) be additionally benefited if OERs were simply placed in the public domain? Please explain.
The value of CC/GFDL is to permit authors to create flexible licenses for their works and choose whether attribution, non-commercial use, or share-alike is attached.
Value of the PD is that items are completely unrestricted to copy, distribution, modification but does not carry the share-alike requirement. I think the share-alike requirement is the extra added-value that open licenses bring to published works. I think 100 % of PD is realized when works are licensed as open in so far as all the PD unrestricted right to modification are maintained, and that the most open of the CC licenses has the added benefit that all derivative works must carry the same right for others. With PD, you could use a PD work to author a commercial product that is no longer freely available to the public. With CC the author can retain copyright while at the same time licensing a work to be easily copied, distributed, and modified by others — high reuse value — that is better than PD.
~I find confirmation of this position and better stated by Wiley and others at: http://opencontent.org/blog/archives/348
(Though I’m confused why, according to Pollock (2006) in the early part of article states that, open/CC licensed works are included in the public domain).
Another issue is that CC tends to get people to put a CC license (notice of unrestriction) on their work, whereas PD may not have a clear notice and potentially mistaken for a copyrighted work and not readily used (though steps could be taken to fix this, I think).
To answer the question above I have to defer to the comprehensive analysis of Thieme’s post (Silent Blog) and agree that it is difficult to answer except for what I have written above.
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