Linked Data and the Public Domain
We love data at Talis and we want as much of it to be freely reusable as possible. In fact, because we wanted to see even more reusable data we recently launched the Talis Connected Commons offering completely free hosting of public domain data. We believe that dedicating data to the public domain is the best way to ensure that data is universally reusable and remixable. When data is public domain it means that it can be reused automatically without needing to check terms and conditions or track the source of every statement to provide attribution. These kinds of things act as friction to reuse, wasting energy that could be better spent creating inspiring things.
We also firmly believe that, in the future, there will a significant role for other forms of data licensing, including commercial access. We will support those efforts too when the time comes but today the Linked Data web needs more and better data that is freely accessible.
Licensing vs Waivers
You are probably familiar with the process of licensing a creative work, most likely through the great job that Creative Commons have been doing in recent years. However, the concept of waivers is less well known but highly relevant to reuse of linked data.
Whenever you create something you have automatic rights over it granted to you. The best known of these rights is copyright, which gives you the exclusive right to make copies of your creative work. There are many other rights which can be held over intellectual property such as design rights, trade marks, registered designs, performers rights, trade secrets, database rights, publication rights and many more.
Licensing is the process of granting others limited use of rights you possess. For example, when you license your copyright you are granting specific people a limited right to make copies without having to ask you first. Licensing of one right does not affect your possession of the others. For example you could grant the right to copy your work but retain the right to perform it. Creative Commons licenses are mostly concerned with copyright, but they do not usually deal with the other rights such as database rights or trade secrets.
Waivers, on the other hand, are a voluntary relinquishment of a right. If you waive your exclusive copyright over a work then you are explictly allowing other people to copy it and you will have no claim over their use of it in that way. It gives users of your work huge freedom and confidence that they will not be persued for license fees in the future.
The Licensing Problem
In general factual data does not convey any copyrights, but it may be subject to other rights such as trade mark or, in many jurisdictions, database right. Because factual data is not usually subject to copyright, the standard Creative Commons licenses are not applicable: you can’t grant the exclusive right to copy the facts if that right isn’t yours to give. It also means you cannot add conditions such as share-alike.
There isn’t a Creative Commons license for every possible right and there probably can’t be because of the huge variation in rights granted in different jurisdictions around the world. Also, when we start to look at licensing compilations of data we find that the situation becomes complex because you have to consider both the database and its contents seperately. For example a document of articles would be subject to database right over the whole collection and individual copyrights for each article, quite possible to many different owners. The Open Data Commons has addressed this particular example with its Open Database License and Database Contents License (based on work originally donated by Talis). If a standard license doesn’t exist then you need to hire lawyers and write one for yourself – a potentially huge cost.
Our collective goal for a successful Linked Data web has to be to protect consumers of the data: the people who are remixing many different sources of data. Our intentions may be very honourable, but people need certainty if they are to build enduring value on data. Creative Commons licenses are irrevocable so even if you lose control over your work through some misfortune, the people reusing it will be protected forever. Imagine this scenario: you allow people to use data you have collated but your company goes bankrupt and the rights to the data collection are sold by the liquidators. If you hadn’t licensed your rights explicitly then every one of your users could be liable to be sued by the new rights holder!
This is where waivers of rights can help. By explictly waiving your rights over your data then you are giving your users the best guarantee of safety that you can. Even if you lost control of the data collection subsequent owners could not persue your users because the rights you held have already been waived.
There are two waivers of rights that can be applied to datasets:
Both of these waivers can be used for data intended for submission to the Talis Connected Commons.
Community Norms
When you apply a waiver like CC0 you are relinquishing all your rights over the work to the fullest extent possible under the law. That means that you cannot force people to attribute you or stop them from making commercial use of your work.
The preferred approach is to attach a set of community norms to the work. These are like a code of conduct for use of the work and are usually self-policing. They are not legally enforceable but form part of the ethical or professional requirements for participating in a community. The best known example of community norms are the citation standards used in the academic commnity. Citing pre-existing work is not legally enforceable but those who abuse the norms can find themselves excluded from the academic community.
The Open Data Commons has published a set of attribution and share-alike norms which asks that users of the data:
- Share work derived from the data.
- Give credit to the original data publisher.
- Point others at the source of the data.
- Publish in open formats.
- Avoid using digital rights management.
How to Declare Your Waiver
To delare your waiver in a machine readable way, you should first create a voID description of your dataset. VoID, or Vocabulary of Interlinked Datasets, is a vocabulary designed to describe key attributes of your dataset. We created a waiver RDF vocabulary that can be used with voID to declare any waiver of rights and the community norms around a dataset.
In this example we describe a dataset using the void:Dataset class and provide it with a dc:title as a minimal human readable description. You should add other descriptive properties as necessary (some suggestions can be found in the voID guide).
We then use the wv:waiver property (defined in the waiver RDF vocabulary) to link the dataset to the Open Data Commons PDDL waiver. We use the wv:declaration property to include a human-readable declaration of the waiver. This is purely informational, but can be immediately be used by a person examining the voID description. Finally we use the wv:norms property to link the dataset to the community norms we suggest for it, in this case the ODC Attribution and Share-alike norms.
<rdf:RDF xmlns:rdf="http://www.w3.org/1999/02/22-rdf-syntax-ns#"
xmlns:dc="http://purl.org/dc/terms/"
xmlns:wv="http://vocab.org/waiver/terms/"
xmlns:void="http://rdfs.org/ns/void#">
<void:Dataset rdf:about="{{uri of your dataset}}">
<dc:title>{{name of dataset}}</dc:title>
<wv:waiver rdf:resource="http://www.opendatacommons.org/odc-public-domain-dedication-and-licence/"/>
<wv:norms rdf:resource="http://www.opendatacommons.org/norms/odc-by-sa/" />
<wv:declaration>
To the extent possible under law, {{your name or organisation}} has waived all
copyright and related or neighboring rights to {{name of dataset}}
</wv:declaration>
</void:Dataset>
</rdf:RDF>
Alternatively if you were to choose the CC0 waiver without any particular norms then you should use the following RDF:
<rdf:RDF xmlns:rdf="http://www.w3.org/1999/02/22-rdf-syntax-ns#"
xmlns:dc="http://purl.org/dc/terms/"
xmlns:wv="http://vocab.org/waiver/terms/"
xmlns:void="http://rdfs.org/ns/void#">
<void:Dataset rdf:about="{{uri of your dataset}}">
<dc:title>{{name of dataset}}</dc:title>
<wv:waiver rdf:resource="http://creativecommons.org/publicdomain/zero/1.0/"/>
<wv:declaration>
To the extent possible under law, {{your name or organisation}} has waived all
copyright and related or neighboring rights to {{name of dataset}}
</wv:declaration>
</void:Dataset>
</rdf:RDF>
These examples show that it is very simple to declare your waiver. However, before you do so be sure to read carefully what rights you are irrevocably giving up. For example you would most likely be waiving your publicity and privacy rights, so if your image is included in the dataset you could not later complain that someone is using it in a way you do not approve of. If you are worried about how your work will be used, if you want to legally require attribution, or if you don’t want people to make money off of your work, then you should not use a waiver and instead seek legal advice on the creation of a data license specific to your needs.




