Presentation by Maarten Brinkerink held on 28th June, 2016 at the Netherlands Institute of Sound and Vision

1. COPYRIGHT AND OPEN CONTENT
Maarten Brinkerink
This presentation is based on: Open Data Reader 2016 (Kennisland, Nederlands Instituut voorBeeld
en Geluid, CC-BY)

2. STRIKINGA BALANCE
Copyright legislationaims to strike abalance
betweentheinterestsofcreators (exclusive
rights) and societyas awhole(exceptions).

3. COPYRIGHT
•Only originalexpressions ofanideaare subject to copyright:
–Ideas themselves are not
–Facts are not
•European Court of Justicedefinition:
“theAuthor’s own intellectualcreation”

4. KEY ASPECTS
• Copyright is the exclusive right of a creator tocopy and distribute
his/her work
“Allrights reserved.”
• There are no formalities involved in its assertion (it’s automatic)
• Copyright canbe transferred
• A work canhave multiple creators/rights holders

5. EXCLUSIVE RIGHTS
• Exploitationrights(can be transferred)
–Exclusive right to copy/reproduce
–Exclusive right to make available to the public
• Moral rights(can’t be transferred)
–Right to claim attribution
–Right to resist distribution of a work under different names or titles
–Right to resist the mutilation of a work that can bring harm to the reputation of a creator

6. DURATION
• Ingeneral:
–Persons:
•Copyrightexpiresonthe1stofJanuary,70yearsafterthedeathofthelast
livingcreator
–Entities(oranonymuscreators)
•Copyrightexpiresonthe1stofJanuary,70yearsafterthefirstpublication

7. EXCEPTIONSAND LIMITATIONS
• For the public interest there are some exceptionsandlimitationsto
copyright. Some require a fairrenumeration, through collective
agreements.
• A selection:
–Private copying
–Citation
–Educational use
–Parody

8. NEIGHBORINGRIGHTS
•Next tocreators, performing artists and producers can also
assert intellectualproperty rights.
–Live performances
–Musicrecordings
–Films
–Radio andtelevision broadcasts

9. RIGHTSINVOLVED
•Performingartists and producers may decided whetheror not
their:
–Performance may be recorded
–A recording of their performance may be copied andexploited
–A recording of their performance may be shown/broadcasted

10. DURATION
Published Un-published
Broadcasts 50 years (after publication) 50 years (after creation)
Music recordings 70 years (after publication) 50 years (after creation)
Performances on a records 70 years (after publication) 50 years (after creation)
Other performances 50 years (after publication) 50 years (after creation)

11. PORTRAITRIGHTS
• Applies to all persons that appear recognizable
• An exclusive right of the person portrayed, to the first publication of a portrait:
–Commissioned portraitscanonlybepublishedwiththepermission ofthepeopleportrayed
–Portraitsthathavenotbeen commissionedcanonly bepublishedwhen thereis noreasonable
interestof thepeopleportrayed
• Portrait rights expireon the1st of January, 10 years after the death ofthe person
portrayed

12. RIGHTSHOLDERS
•The creator is therightsholderby default:
–Employers automatically transfer their rights to employers, for works
created aspart of their job
–Freelancers, volunteers and interns – by default - retain their rights
•Owninga physical object, is not thesame as havingtherights

13. MULTIPLE LAYERS
•A work can containmultiplelayers of rights,belonging to
multiplepeople (who allneedtogive permission):
–Copyright
–Neighboring rights
–Database rights
–Portrait rights

14. OPEN CONTENT
• “Somerights reserved”:

15. CREATIVECOMMONSLICENSES
•Creative Commons licensesare tools/agreementsfor
creators/rightsholders to grantpermission forspecific uses to
everyone
•They last for theduration of copyright
•They are non-revokable
•They are international

16. SIX VERSION

17. ATTRIBUTION

18. SHAREALIKE

19. NON-COMMERCIAL

20. NO DERIVATIVES

21. LEVELS OF OPENNESS

22. REUSING OPEN CONTENT
• Always mention the original creator(s) of the work, preferably with a link to their website or
online profile (unless they request you to remove this)
• Always mention the title of the work, preferably with a link to an online version of the work
• Always refer to the Creative Commons license that applies to the work, and add the link
(fully written in an offline scenario)
Ifyou arecreatingaderivative work,provide attribution for allcreators ofall your(openly
licensed) source material, andsharealike (ifrequired)

23. ONLINEEXAMPLE

24. OFFLINE EXAMPLE
Thebeautiful, hotsummer,byPolygoon-Profilti (producer)/Netherlands Institute for
SoundandVision(curator),islicensedunderaCreativeCommons -Attribution-Share
Alikelicense.Pleasereferto https://creativecommons.org/licenses/by-sa/3.0/ to read
thelicense.

25. LICENSE YOUR OWNWORK