0
1
0
0
1
0
1
1
1
0
1
0
0
1
1
1
1
0
0
0
1
0
0
0
1
1
0
0
0 1
0 1
1 1
0 1
0 0
1 1
1 0
1 0
1 0
0 0
1 1
1 0
1 0
0 0
1
1
1
0
0
1
0
1
1
1
0
1
1
1
0
1
1
1
1
1
0
1
0
0
0
0
1
1
0
0
1
0
1
0
0
0
0
0
0
1
0
0
1
0
1
1
1
0
0
0
0
1
1
0
1
0
0
1
0
0
0
1
1
1
1
1
0
1
0
1
1
1
1
1
0
1
1
1
1
1
1
0
0
0
0
1
1
0
1
0
1
0
1
0
1
1
1
1
0
0
1
0
1
0
0
0
0
1
0
0
0
1
1
0
0
1
1
1
1
0
0
0
0
1
1
1
0
0
0
0
1
1
0
1
1
1
0
0
0
0
0
0
0
0
0
1
1
0
1
0
1
0
0
1
1
0
1
1
0
0
1
1
0
1
1
1
0
0
11
Protocol for Implementing
Open Access Data (§5.3). (2007,
December 20). Retrieved from
Science Commons website: http:
//sciencecommons.org/projects/
publishing/open -access-data
-protocol/.
12
OCLC, for example, builds flex-
ibility into its use of the ODC-By
licence by allowing ‘in circumstances
where providing the full attribution
statement . . . is not technically feas-
ible, the use of canonical [dataset]
URIs is adequate . . . ’ alongside
examples of acceptable practice
(Data licenses and attribution. [n.d.].
Retrieved from OCLC Website:
http://www .oclc .org/data/
attribution.en.html ).
13
For example, the GNU Project
maintains a list of licences for code
which permit redistribution under
the GNU General Public Licence
(GPL) and whose terms the GPL
can accommodate (Various Licenses
and Comments about Them. [2010,
August 9]. Retrieved from GNU
website: http://www .gnu.org/
licenses/license-list.html ).
Creative Commons maintains
lists of licences into which its Share
Alike licences may be converted
by derived works, but these are
currently empty (Compatible Li-
censes. [n.d.]. Retrieved from
Creative Commons Website:
https://creativecommons.org/
compatiblelicenses ).
14
Netpop Research. (2009, Septem-
ber). Defining ‘Noncommercial’:
A study of how the online popula-
tion understands ‘Noncommercial
Use’. San Francisco, CA: Creat-
ive Commons. Retrieved from
http://wiki .creativecommons
.org/Defining
_
Noncommercial.
A waiver, by contrast, is a legal instrument for giving up one’s
rights to a resource, so that infringement becomes a non-issue.
Again, only the entity that holds the rights (or someone with a
right or licence to act on their behalf) can waive them. Note that a
waiver does not authorise other parties to claim rights – as opposed
to freedoms – they did not previously have.
Common terms
Licences typically grant permissions on condition that certain terms
are met. While the precise details vary, three conditions commonly
found in licences are attribution, copyleft, and non-commerciality.
• An attribution requirement means that the licensor must
be given due credit for the work when it is distributed,
displayed, performed, or used to derive a new work.
• A copyleft requirement means that any new works derived
from the licensed one must be released under the same
license, and only that licence.
• The intent of a non-commercial licence is to prevent the
licensee from exploiting the work commercially. Such
licences are often used as part of a dual-licensing regime (see
‘Multiple licensing’, below), where the alternative licence
allows commercial uses but requires payment to the licensor.
While these all have their uses, they can cause problems in the
context of datasets.
Datasets are particularly prone to attribution stacking, where a
derivative work must acknowledge all contributors to each work
from which it is derived, no matter how distantly. If a dataset
is at the end of a long chain of derivations, or if large teams
of contributors were involved, the list of credits might well be
considered too unwieldy.
11
The problem is magnified if different
sets of contributors have to be credited in a different way, especially
if automated methods are used to assemble the dataset – some of
the benefits of automation are lost if attribution conditions have
to be inspected manually. Some licenses and licensors tackle this
problem by specifying lightweight attribution mechanisms.
12
The problem with copyleft licences is they prevent the licensed
data being combined with data released under a different copyleft
licence: the derived dataset would not be able to satisfy both sets
of licence terms simultaneously. Some copyleft licences, however,
demonstrate a small amount of flexibility in allowing derivative
works to be released under a compatible licence, that is, one that
applies approximately the same conditions.
13
Non-commercial licences may have wider implications than
intended due to the ambiguity of what constitutes a commercial
use.
14
Depending on one’s interpretation, it may or may not
preclude the data being used in support of works for which
an author is given recompense (such as textbooks), and might
preclude the data being used in support of works that are sold
(such as journal articles) even if the author does not benefit
financially.
4