You are currently browsing the tag archive for the ‘Creative Commons’ tag.

In theory, publishing content financed by public and tax-like television licence fees under open content licenses should be a no-brainer. As with publicly funded research, open licenses improve distribution, allow for remix creativity and unlock access to popular free knowledge platforms such as Wikipedia.

In practice, however, advocates of open licenses in the realm of public-service media face several hurdles, such as:

  • Standard licensing procedures in the world of public-service media do not include open licensing options and are typically limited in time and in scope. Therefore, releasing material under an open license requires renewed rights clearing efforts with all right holders involved to reflect the conditions set out in open licenses — given the often high number of creators and right holders involved in video content production, this is a difficult, time-consuming, and costly task.
  • Standard remuneration rules can make open licensing unattractive for creators. One common provision, for example, requires public service broadcasters to pay repeated fees any time material is broadcast. With an open license, there are usually no required payments. As a result, remuneration schemes have to be changed to avoid or mitigate the loss of income for creators.
  • European Union competition law prohibits state subsidies that may distort competition. Usually, free and open licenses don’t pose a problem in terms of competition law as long as no special advantage for an individual market actor is associated with using an open license. Generally, public broadcasters act with great caution when it comes to competition rules and many have concerns regarding licensing arrangements that could potentially set off competition issues.
  • There are fears of information manipulation. In light of recent debates on disinformation and “fake news”, public-service media fear that the content they release might be deceivingly and fraudulently manipulated so as to misrepresent facts. While Creative Commons licenses generally permit the creation of derivative works or adaptations (unless the licensor chooses to release content under a NoDerivatives license) and attribution is a requirement for all CC licenses as is a link back to the original so users can see any changes made, they do not govern defamation, disinformation or fabrication of information, which are violations dealt with outside the scope of copyright. Still, there is a reticence in public media television to openly publish content due to such threats despite the aforementioned safeguards within the CC licenses.

Read the rest of this entry »

At a workshop on “Intellectual Property Ordering Beyond Borders” hosted by the newly founded Weizenbaum Institute in Berlin I was invited to give a talk on issues of transnationality and territoriality in the realm of private regulation via standards. This invitation provided me with the opportunity to bind together insights from several previous papers I had co-authored on the case of Creative Commons. Please find the slides of my talk below.



The increasing number of collective open access deals either on the national level (e.g., Dutch open access deals) or between publishers and research institutions (e.g., agreement of the Max Planck Society with Springer) has some very practical consequences for scientific publishing processes. On a macro level, these deals make research strong countries and institutions stronger: their papers are better accessible worldwide with respective consequences for reception and citation counts.

But there are also consequences on the micro level. For example, in co-authored papers, the question of who acts as “corresponding author” suddenly becomes of utmost importance. Only if the corresponding author is situated at an institution with such an open access deal then an article will be immediately accessible to anyone worldwide. And it is the corresponding author who has to sign copyright forms on behalf of all the authors to “seal the deal”.

Publishers pushing for Non-Commercial Clause

What I have learnt only very recently is that publishers try to retain as much rights a possible even in cases where researchers are eligible for open access publication. SAGE Publications, for instance, tries to convince – if not force – authors to opt for a Creative Commons license with the restrictive non-commercial (NC) clause (full form as a PDF):

This is troublesome for a whole bunch of reasons: Read the rest of this entry »

Back in 2013 at the Academy of Management Annual Meeting in Orlando, Florida, Jakob Kapeller and I had received the prestigious Carolyn Dexter Best International Paper Award for an article comparing open strategy-making in the cases of Wikimedia and Creative Commons. Today, several rounds of revision later, we are proud to present the article “Open strategy-making with crowds and communities: Comparing Wikimedia and Creative Commons” being published in the journal Long Range Planning. The abstract of the paper reads as follows: Read the rest of this entry »

Sigrid, Markus and I have finally been able to publish another paper on the case of Creative Commons. In a longitudinal analysis we compare three embedded cases of transnational standard-setting: (1) license porting, (2) license versioning and (3) license interpretation. The article “Open to Feedback? Formal and Informal Recursivity in Creative Commons’ Transnational Standard-Setting” has been published in Global Policy and the abstract reads as follows:

In this article, we examine how non-membership organizations that claim stewardship over a transnational public or common good, such as the environmental or digital commons, develop combinations of formal and informal recursivity to develop and maintain regulatory conversations with their dispersed user communities. Based on a case study of Creative Commons, an organization that developed what have become the most widely used open licenses for digital content, we show how rhetorical openness to informal feedback from legitimacy communities in different sectors and countries can improve the feasibility and diffusion of standards. However, as long as the standard-setter’s methods of making decisions on the basis of such feedback remains opaque, its communities are likely to raise accountability demands for more extensive ex post justifications.

Read the rest of this entry »

When Creative Commons published version 4.0 of its set of alternative copyright licenses in 2013, this represented a sea change. While previously a generic set of licenses had been legally adapted to different jurisdictions (“ported”), version 4.0 of the licenses was developed as a single globally applicable license standard. To a certain degree, a decade of laborious license porting helped to build an international network of legal professionals and a respective body of legal knowledge, which than enabled Creative Commons to abandon its porting strategy.


More than three years after this “globalization” of Creative Commons’ licenses, the NGO strives to also globalizing its organizational structure. By March 24, 2017, the various communities of Creative Commons activists, lawyers and contributors may comment on a detailed proposal for an entirely new governance structure. The proposal is accompanied by several regional and a global “Faces of the Commons” reports and additional background information on the process that led to the proposal – a particular open form of strategy-making. Read the rest of this entry »

I like recursivity in acronyms such as GNU, which stands for “GNU’s Not Unix”, and also in cartoons. A recent example for a recursive cartoon is featured below, addressing a great number of issues regularly debated around the alternative copyright licensing standard Creative Commons. The author of the work is Patrick Hochstenbach, a comic artist, programmer, and digital architect at University of Ghent libraries. You can also find his work on Instagram and Twitter.

Patrick Hochstenbach, CC-BY-SA

Patrick Hochstenbach, CC-BY-SA

Read the rest of this entry »

Blogging about organizational strategy and even using blogs as a strategy-making device is an increasingly common practice among (not only) young firms. For instance, in a paper* co-authored with Thomas Gegenhuber, we analyze strategy blogging as an open strategy practice that increases transparency of and involvement in strategy making, while at the same time adding to the corporate impression management repertoire.

Consequentially, it comes at no surprise that non-profit organizations such as Creative Commons, which heavily rely on external communities such as different groups of license users, also engage in strategy blogging. Ryan Merkley, CEO of Creative Commons, started the series of strategy posts with general reflections on sharing, followed by suggestions for the overall mission and role of Creative Commons in his second post:

CC must recognize its various roles in a variety of diverse and active communities. We provide essential infrastructure for the Web, and are vital contributors and leaders in these global movements. The opportunity to realize the benefits of openness will come from showing how “open” is uniquely able to solve the challenges of our time. Our role is not just as providers of tools, but also as strategic partners, advocates, influencers, and supporters to quantify, evangelize, and demonstrate the benefits of open.

Only after announcing that Creative Commons had received a $10 million grant from the The William and Flora Hewlett Foundation to implement the new strategy, Merkley identified “three specific areas” that Creative Commons will focus on (emphasis in original: Read the rest of this entry »

About a week ago I blogged about misleading information on Creative Commons licenses provided by one of the leading scientific publishing houses in the course of a textbook project I am involved in. In the closing paragraph, I wrote that “we plan to insist on including the respective figures in the volume”. After doing so, we have now received another table with “permission queries” from the publisher with even more disappointing misinformation. The query with regard to the photo of the Rana Plaza Collapse in full:

Although creative commons states that you can reproduce work commercially, it states that you can only do so by retaining the creative commons rights (aka no copyright) on the reproduction which would prohibit us from placing a copyright on the book. We also have no proof of who took the photograph which makes it too risky to include. We need to remove this photograph

Again, this is misleading on many different levels. First of all, “creative commons rights (aka no copyright)” is not just misleading but simply wrong. Creative Commons does not mean “no copyright”, it means “some rights reserved”. Actually, Creative Commons is entirely based and dependent on copyright; only someone who has the copyright of a work is able to (re-)license it under a Creative Commons license.

Read the rest of this entry »

When publishing a scientific work or a textbook in a reputable publishing house, the final steps before publication usually involve signing over exclusive copyrights in a standardized manner. A standard clause in such copyright forms is that the author has to warrant that she either is the sole owner of the copyright in the contribution or has obtained the permission of the owners of the copyright (see Figure below, an excerpt of such a standard copyright form).


While publishers thereby shift all responsibility with regard to rights clearing issues over to their authors, they regularly devote particular scrutiny to figures and tables. For any such figures and tables authors have to provide explicit permission statements. Even though including a properly referenced figure or table from another work in a scientific work or textbook could be – and probably often is – fair use (US copyright) or might be justified by exceptions for quotation, research and education (EU copyright), publishers refuse to take any risk that could be related to such a legal standpoint. Such a restrictive interpretation and enactment of copyright by publishers not only places unnecessary burdens on authors but also further worsens practicability of current copyright in academic contexts.

However, as I have learned in the course of contributing to a textbook with case studies on innovation and project networks, publishers might even decide to reject figures where permission is explicitly granted in form of a standardized Creative Commons license. In this particular case, in a spreadsheet entitled “permission queries”, the publisher listed all exhibits that were considered in any way problematic.

Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
July 2020

Twitter Updates

Copyright Information

Creative Commons License
All texts on governance across borders are licensed under a Creative Commons Attribution-Share Alike 3.0 Germany License.