Table Of ContentTHE DIGITAL PUBLIC DOMAIN
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Melanie Dulong de Rosnay is a researcher at the CNRS Institute for
Communication Sciences and associated researcher at CERSA (CNRS
University Paris 2) where she is Creative Commons France legal lead. In
2011 she co-founded Communia international association on the digital
public domain, which she currently chairs. She works on comparative public
policies for open access and on transformation of regulation introduced by
distributed architectures.
Juan Carlos De Martin is a Faculty Fellow at the Berkman Center for Internet &
Society at Harvard University and co-director of the NEXA Center for
Internet & Society at the Turin Polytechnic (Politecnico di Torino), Italy, which
he co-founded in 2006. He is a Professor of Computer Engineering, with
research interests focusing on digital media processing and transmission.
De Martin also serves as a member of the Scientific Board of the Institute of
the Italian Encyclopedia Treccani and of the Biennale Democrazia.
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The Digital Public Domain:
Foundations for an Open Culture
Edited by
Melanie Dulong de Rosnay
and Juan Carlos De Martin
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Open Book Publishers CIC Ltd.,
40 Devonshire Road, Cambridge, CB1 2BL, United Kingdom
http://www.openbookpublishers.com
© 2012 Melanie Dulong de Rosnay and Juan Carlos De Martin
The articles of this book are licensed under a Creative Commons
Attribution 3.0 unported license available at
http://creativecommons.org/licenses/by/3.0/
This license allows you to share, copy, distribute and transmit the work; to
adapt the work and to make commercial use of the work. The work must be
attributed to the respective authors (but not in any way that suggests that
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ISBN Hardback: 978–1-906924–46-1
ISBN Paperback: 978–1-906924–45-4
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ISBN Digital ebook (epub version): 978–1-906924–75-1
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The book was funded by the European Union under the eContentplus
framework project ECP-2006-PSI-610001
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Contents
Page
Contributors vii
Foreword xi
Charles R. Nesson
Introduction xv
Melanie Dulong de Rosnay and Juan Carlos De Martin
The Public Domain Manifesto xix
I. Introducing the Digital Public Domain 1
1. Communia and the European Public Domain Project:
A Politics of the Public Domain 3
Giancarlo Frosio
II. Legal Framework 47
2. Consume and Share: Making Copyright Fit for the Digital
Agenda 49
Marco Ricolfi
3. Evaluating Directive 2001/29/EC in the Light of the Digital
Public Domain 61
Lucie Guibault
4. Building Digital Commons through Open Access
Management of Copyright-related Rights 81
Giuseppe Mazziotti
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vi The Digital Public Domain
III. Developments and Case Studies 93
5. Contractually-constructed Research Commons: A Critical
Economic Appraisal 95
Enrico Bertacchini
6. Social Motivations and Incentives in Ex Situ Conservation
of Microbial Genetic Resources 111
Tom Dedeurwaerdere, Per M. Stromberg and Unai Pascual
7. Open Knowledge: Promises and Challenges 125
Rufus Pollock and Jo Walsh
8. Science Commons: Building the Research Web 133
Kaitlin Thaney
9. The DRIVER Project: The Socio-economic Benefits of a
European Scientific Commons 139
Karen Van Godtsenhoven
10. CC REL: The Creative Commons Rights Expression
Language 149
Hal Abelson, Ben Adida, Mike Linksvayer and Nathan Yergler
11. The Value of Registering Creative Works 189
Roland Alton-Scheidl, Joe Benso and Martin Springer
Select Bibliography of Resources Cited 205
A. Websites 205
B. Reports, Conference Papers and Working Papers 207
C. Books, Papers and Newspaper Articles 212
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Contributors
Hal Abelson is Professor of Electrical Engineering and Computer Science
at MIT and a founding director of Creative Commons.
Ben Adida is Tech Lead on Identity and User Data at Mozilla and a technical
advisor to Creative Commons.
Roland Alton-Scheidl is founder of the Public Voice Lab, a Board Member
of the International Media Association co-operative and Vice President of
the Creative Industries Association in Austria. He teaches at the Vorarlberg
University of Applied Sciences where he has recently established courses
on media and business ethics. He can be reached at [email protected].
Joe Benso is a professional music manager, member of the International
Media Association and founder of OneLoudr.com. He is teaching at
Southern Illinois University and is based in Dornbirn and Nashville. He
can be reached at [email protected].
Enrico Bertacchini is a researcher at the Department of Economics
“Cognetti De Martiis”, University of Turin, and Fellow of the Nexa Center
for Internet & Society, Turin Polytechnic (Politecnico di Torino). He can be
reached at [email protected].
Tom Dedeurwaerdere is Professor at the Université Catholique de Louvain,
Director of the BIOGOV Unit at the Centre for the Philosophy of Law (CPDR)
and Research Associate of the National Foundation for Scientific Research,
Belgium (FSR-FNRS). He can be reached at [email protected].
Giancarlo Frosio was serving as the Chief Editor and author of the
Communia Final Report from 2010 to 2011, and is the Assistant Director
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viii The Digital Public Domain
of the LLM in Intellectual Property jointly organized by WIPO and the
University of Turin. He can be reached at [email protected].
Lucie Guibault is Assistant Professor at the Institute for Information Law,
University of Amsterdam. She can be reached at [email protected].
Mike Linksvayer has served as Vice President and CTO at Creative
Commons. He can be reached at [email protected].
Giuseppe Mazziotti worked as an attorney and then as counsel with
Nunziante Magrone in Rome from 2007 to 2011. From 2009 to 2011 he
was Assistant Professor of intellectual property law at the University of
Copenhagen. He is now a Fellow at the Berkman Center for Internet and
Society at Harvard Law School and can be reached at giuseppe.mazziotti@
gmail.com.
Charles R. Nesson is the William F. Weld Professor of Law at Harvard Law
School, and Founder and Faculty Co-Director of the Berkman Center for
Internet & Society. He can be reached at [email protected].
Unai Pascual is Senior Lecturer at the Department of Land Economy,
University of Cambridge and Professor (Ikerbasque) at the Basque Centre
for Climate Change (BC3) in Bilbao. He can be reached at [email protected]
Rufus Pollock was a Director and co-founder of the Open Knowledge
Foundation and Mead Fellow in Economics at Emmanuel College, University
of Cambridge (until September 2010). He is currently a Director of the Open
Knowledge Foundation, a Shuttleworth Foundation Fellow and an Associate
at the Centre for Intellectual Property and Information Law, University of
Cambridge. He can be reached at [email protected].
Marco Ricolfi is Professor of Intellectual Property at the Turin Law School
and co-Director of the LLM in Intellectual Property (jointly organized by
WIPO and the University of Turin), and of the Nexa Center for Internet
& Society, Turin Polytechnic. He is also a Partner at Tosetto, Weigmann &
Associati and can be reached at [email protected].
Martin Springer is a research manager based in Berlin and was active for
Semantic Copyright Standardisation at IEEE. He is also a member of the
International Media Association and can be reached at [email protected].
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Contributors ix
Per M. Stromberg is Visiting Research Fellow at the Institute of Advanced
Studies, United Nations University, Yokohama. He also works as an
economist at the Policy Analysis Unit of the Swedish Environmental
Protection Agency. He can be reached at Per.Stromberg@naturvardsverket.
se.
Kaitlin Thaney managed the science division of Creative Commons,
formerly known as “Science Commons”, from 2006 to July 2010. She is now
the Manager of External Partnerships at Digital Science, and can be reached
at [email protected].
Karen Van Godtsenhoven was working on the DRIVER project at
Ghent University Library and is now curator of the Fashion Museum
(www.momu.be) in Antwerp. She can be reached at [email protected].
Jo Walsh has been on the Open Knowledge Foundation Board and is
Project Manager at EDINA, University of Edinburgh.
Nathan Yergler is Senior Software Engineer at Eventbrite and was
previously CTO at Creative Commons. He can be reached at nathan@
yergler.net
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