Space science as a creative commons?

Space Science as a creative commons?
Marco Trovatello, DLR German Aerospace Center

@DLR_de @DLR_en @marco_t
USA – NASA: Status quo
United States government agency for aeronautics and space
Still and moving images not copyrighted, thus in public domain
Copyright in US differs from european/german copyright
(„Urheberrecht“)
Tax-funded so-called 'government works" are excluded from
copyright law.
References:
http://1.usa.gov/18sa79 http://en.wikipedia.org/wiki/Public_domain#Government_works
http://en.wikipedia.org/wiki/Copyright

NASA: Hypothesis & Questions
NASA is not just that popular because of the Apollo and Space
Shuttle heritage, but also because of its liberal and open
communications and knowledge sharing approach.
My questions to NASA‘s Office of
Communications:
In how far is NASA's liberal approach with regard to usage and
sharing of images, multimedia and data part of the agency's
overall communication strategy?
Did NASA and other U.S. government agencies start off with this
approach in the past just because US law required them to do
so, and only later discovered the benefits of the so-called
attention economy?

Answer by NASA Office of Communications 1/2
„We take our lead in the public sharing of imagery and data directly
from the original 1958 Space Act that founded NASA. Remember, the then-
Soviets had a military space program that was hidden from public. President
Dwight D. Eisenhower decided to create a civilian space agency that would
conduct its work in full view of the public, both the triumphs and tragedies.“
Specifically:
Sec. 203. (a) The Administration, in order to carry out the purpose of this Act,
shall-- (3) provide for the widest practicable and appropriate dissemination of
information concerning its activities and the results thereof.
Reference:
http://history.nasa.gov/spaceact.html

Answer by NASA Office of Communications 2/2
„I have three commandments as a communicator and I believe NASA has
historically benefited from generally adhering to them.
1) News doesn’t get better with age.
2) Tell your own bad news.
3) If you don’t tell your own story someone else will do it for you“
Bob Jacobs, Deputy Associate Administrator, NASA Office of Communications

-> Vortrag > Autor • Dokumentname > Datum-www.DL
R.de •
Folie 7

ESA – European Space Agency – status quo
Image and Multimedia material usage Guidelines
„COPYRIGHT NOTICE IMAGES“
„You may use ESA images or videos for educational or informational purposes.
The publicly released ESA images may be reproduced without fee, on the
following conditions:
- Credit ESA as the source of the images.
- ESA images may not be used to state or imply the endorsement by ESA or any
ESA employee of a commercial product, process or service, or used in any
other manner that might mislead.
- (...)
- If ESA images are to be used in advertising or any commercial promotion,
layout and copy must be submitted to ESA beforehand for approval to:
spaceinimages@esa.int
- For any enquiries concerning use of ESA images, please contact: (...)
Reference: http://spaceinimages.esa.int/ESA_Multimedia/Copyright_Notice_Images?img=1

ESA – European Space Agency – the future ?
Question to ESA Communication Department
Can you provide a statement whether ESA is considering a revision of its image
usage policy with regard to Creative Commons or other, more liberal licensing
options?

ESA – European Space Agency – the future ?
Answer
„ESA is aware that the more open its copyright policy would be, the more
chances it would have to connect, directly and indirectly, with its main target,
the general public;
However, this is a complex exercise for an inter-governmental organisation like
ESA, with 20 member States and which benefits from a set of international
privileges and immunities;
This complexity is further increased by the fact that, in many cases, ESA is not
the unique owner of the images delivered by its missions;
In spite of the above, ESA is aiming at gradually adopting the Creative Commons
policy for all its visual material.“
Fernando Doblas, Head of ESA Communication Department

ESA & DLR: Data
Example: Mars Express
European mission to Mars
Mapping the red planet in 3D
High Resolution Stereo Camera (HRSC)
developed and operated by DLR
After blocking period of six months, data
is freely available over the web

ESA/DLR: Data
Example: Mars Express Ref: http://www.rssd.esa.int/index.php?project=PSA&page=mex

ESA – European Space Agency
Example: Earth Observation Data
„(...)full and open access approach
established in the Sentinel Data
Policy“
Free online access to many
datasets
References:
https://earth.esa.int/web/guest/data-access/how-to-access-eo-data/earth-observation-data-distributed-by-esa
https://earth.esa.int/web/guest/data-access/how-to-access-eo-data/how-to-access-earth-observation-data-distr

ESA – European Space Agency - data
Data of Planck Space
Telescope
As of March 21st 2013,
the PLA provides
public data products
from the first 15.5
months of Planck
operations.
References:
http://www.sciops.esa.int/index.php?project=planck
http://www.sciops.esa.int/index.php?project=planck&page=Planck_Collaboration

DLR German Aerospace Center - Data
Example: TanDEM-X – mapping the Earth in hi-res & 3D

DLR German Aerospace Center - Data
Example: TanDEM-X – Mount Etna in 3D

Image & multimedia
Image and Multimedia content usage Guidelines
Point of Departure at DLR: All Rights reserved. (1/2)
“'If not identified otherwise, all images or animations on the DLR Portal are
copyright © DLR. All rights reserved. Images and animations on the DLR
Portal may be used free of charge by press and media, or for personal
information or educational purposes. Commercial use is subject to DLR
permission. If DLR images are to be used in advertising or commercial
promotion, please contact DLR beforehand (...)
Reference: www.DLR.de, Imprint / legal disclaimer (before adoption of
Creative Commons licensing)

Analysis & conclusion
-custom-made, anachronistic terms of use
-Sharing and thus dissemination of content to general public and media too
complicated
-Legal uncertainty of users led to many inquiries
-Urgent need for action
DLR German Aerospace Center
Point of Departure at DLR: All Rights reserved. (2/2)

Credit: DLR, CC-BY 3.0

- Credit: DLR, CC-BY 3.0

Legal assessment by DLR Legal Affairs Department
"'In our opinion, the use of CC licences for media owned by DLR is legally
permissible; in particular, it does not conflict with DLR’s statutory obligation
to publish its research results ‘through appropriate measures’ , cf. section 1,
subsection 2, last sentence of the DLR charter.'.“
"In our opinion, a CC licence is suitable to every case set out above. The
purpose underlying the regulation in the charter is (over) fulfilled because,
through the use of a CC licence, additional usage rights are granted and
thus, a higher degree of dissemination of the published media content
owned by DLR will mostly be achieved. (...) Granting a simple usage right is
legally common and is, in my view, coherent with DLR's licensing policy.'“
Ref.: www.dlr.de/en/cc
„No fundamental legal concerns “ – but enhanced
licence management

Implementation: gradual.
- Beginning of 2008: First contents published under CC licences
- July 2011
- With relaunch of DLR‘s web portal conversion of automated credit line
for DLR‘s own content to „Credit: DLR (CC-BY 3.0)“
- Conversion of all multimedia content published on social media
channels Youtube, Flickr, Facebook & Google+ to CC-BY
- Beginning of 2012: Official implementation of General web portal content
terms of use to Creative Commons
- Solely content of which DLR is the single owner of rights is licenced under
CC
- No usage of CC licences on content which DLR has jointly prepared with
partners who licence differently

Why Creative Commons?
Supporting the vision of Creative Commons:
„Our vision is nothing less than realizing the full potential of the Internet —
universal access to research and education, full participation in culture — to
drive a new era of development, growth, and productivity.“
achieving the desired greater dissemination of content
Facilitating Use, Re-Use, Remix, Sharing, Distribution of Content by the
general public and media
Considerable use by Wikipedia, educational sector, Arts, cultural sector
Legal certainty for creators and users
Ref.: www.dlr.de/en/cc

- „We abandon our copyrights“
- „No control of content and the way it is used“
- „No hold if usage guidelines are violated“
- „Everything is for free and without request“
- „Violation of existing agreements“
Assumed worst-case scenarios
Bad Experiences to date: None.

The storm of enthusiasm

Space Science as a creative commons?
Discussion basis
Status Quo with regard to space media & data usage:
Much achieved or still much to do in Europe?
General public / tax payers:
How would you like to use Space Data & Media? What would be ideal for you?
Wikipedia and Wikimedia Commons:
How can space agencies allow for an even broader usage of their products?
Public Domain & Creative Commons licences:
How do they work together with regard to international collaboration?
How do you rate 'DLR goes CC'? Just a drop in the ocean or quite an achievement?
Will more public research centres /gov agencies follow the DLR example? If yes, how?
With regard to space science data & media, how can we provide for more legal certainty?

Many thanks!
@marco_t
@DLR_de
@DLR_en
facebook.com/marco.trovatello
linkedin.com/in/mtrovatello
www.DLR.de

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