Tags: common

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sparkline

Thursday, November 8th, 2018

The Commons: The Past Is 100% Part of Our Future | Flickr Blog

This is very, very good news. Following on from the recent announcement that a huge swathe of Flickr photos would soon be deleted, there’s now an update: any photos that are Creative Commons licensed won’t be deleted after all. Phew!

I wonder if I can get a refund for that pro account I just bought last week to keep my Creative Commons licensed Flickr pictures online.

Monday, May 21st, 2018

Tending the Digital Commons: A Small Ethics toward the Future

It is common to refer to universally popular social media sites like Facebook, Instagram, Snapchat, and Pinterest as “walled gardens.” But they are not gardens; they are walled industrial sites, within which users, for no financial compensation, produce data which the owners of the factories sift and then sell. Some of these factories (Twitter, Tumblr, and more recently Instagram) have transparent walls, by which I mean that you need an account to post anything but can view what has been posted on the open Web; others (Facebook, Snapchat) keep their walls mostly or wholly opaque. But they all exercise the same disciplinary control over those who create or share content on their domain.

Professor Alan Jacobs makes the case for the indie web:

We need to revivify the open Web and teach others—especially those who have never known the open Web—to learn to live extramurally: outside the walls.

What do I mean by “the open Web”? I mean the World Wide Web as created by Tim Berners-Lee and extended by later coders. The open Web is effectively a set of protocols that allows the creating, sharing, and experiencing of text, sounds, and images on any computer that is connected to the Internet and has installed on it a browser that can interpret information encoded in conformity with these protocols.

This resonated strongly with me:

To teach children how to own their own domains and make their own websites might seem a small thing. In many cases it will be a small thing. Yet it serves as a reminder that the online world does not merely exist, but is built, and built to meet the desires of certain very powerful people—but could be built differently.

Friday, March 31st, 2017

Plainness and Sweetness – Frank Chimero

I adore the thoughtfulness and lack of ego that Frank presents here. I hope that every designer reads this and thinks upon it.

Thursday, April 9th, 2015

100 words 018

Steven Johnson has oft waxed lyrical on the benefits of keeping a spark file—the modern equivalent of a nineteenth century commonplace book.

I started keeping a spark file. But I was keeping it the late lamented Editorially so my experiment was cut short. This is far as I got…

The transatlantic telegraph cable :: the space elevator.

The web :: the patent that never was.

The Mechanical Turk as design fiction, influencing Babbage.

These are the ramblings of a madman. But I might be able to use some of this—I need to prepare a new talk for later this year.

Wednesday, December 3rd, 2014

The Spirit of Flickr and the Problem of Intent - mor10.com

This is a superbly-written, empathetic, nuanced look at the issues around Creative Commons licensing, particularly the danger of inferring a “spirit” in a legal agreement.

“Spirit” as it’s being used in this conversation is a relative term. You have the spirit of the user, the spirit of the license, the spirit of the community, the spirit of the service, and the spirit of the law. All these can align and all these can diverge and that’s OK. It is also the reason we have a legal system that sets clear parameters for how things can be interpreted: Spirit is relative, legal decisions and documents are not (at least in theory). The whole idea of a legal contract (under which we can find CC licenses) is that there is no room for interpretation. The meaning of the document is singular, unambiguous, and not up for debate. Of course this is purely theoretical, but that’s the idea anyway.

The problem arises when the spirit – or intent – of the user when applying a license differs from the actual legal interpretation of that same license.

Flickr Users Are Wrong by Tom Lee

The title is harsh, but this is a good summation of the issues involved in choosing a Creative Commons licence.

Open licensing is about giving up control so that other people can benefit. That’s all it will cost you: control. Having control feels nice. But you should ask yourself what it really gets you. And you should think about what others might gain if you were able to let go.

Think carefully and decide what you need. No one is going to make you tick that Creative Commons box. But when you do, it’s a promise.

Commons People

Creative Commons licences have a variety of attributes, that can be combined together:

  • No-derivatives: the work can be reused, but not altered.
  • Attribution: the work must be credited.
  • Share-alike: any derivates must share the same licence.
  • Non-commercial: the work can be used, but not for commercial purposes.

That last one is important. If you don’t attach a non-commercial licence to your work, then your work can be resold for profit (it might be remixed first, or it might have to include your name—that all depends on what other attributes you’ve included in the licence).

If you’re not comfortable with anyone reselling your work, you should definitely choose a non-commercial licence.

Flickr is planning to sell canvas prints of photos that have been licensed under Creative Commons licenses that don’t include the non-commercial clause. They are perfectly within their rights to do this—this is exactly what the licence allows—but some people are very upset about it.

Jeffrey says it’s short-sighted and sucky because it violates the spirit in which the photos were originally licensed. I understand that feeling, but that’s simply not the way that the licences work. If you want to be able to say “It’s okay for some people to use my work for profit, but it’s not okay for others”, then you need to apply a more restrictive licence (like copyright, or Creative Commons Non-commercial) and then negotiate on a case-by-case basis for each usage.

But if you apply a licence that allows commercial usage, you must accept that there will be commercial usages that you aren’t comfortable with. Frankly, Flickr selling canvas prints of your photos is far from a worst-case scenario.

I licence my photos under a Creative Commons Attribution licence. That means they can be used anywhere—including being resold for profit—as long as I’m credited as the photographer. Because of that, my photos have shown up in all sorts of great places: food blogs, Wikipedia, travel guides, newspapers. But they’ve also shown up in some awful places, like Techcrunch. I might not like that, but it’s no good me complaining that an organisation (even one whose values I disagree with) is using my work exactly as the licence permits.

Before allowing commercial use of your creative works, you should ask “What’s the worst that could happen?” The worst that could happen includes scenarios like white supremacists, misogynists, or whacko conspiracy theorists using your work on their websites, newsletters, and billboards (with your name included if you’ve used an attribution licence). If you aren’t willing to live with that, do not allow commercial use of your work.

When I chose to apply a Creative Commons Attribution licence to my photographs, it was because I decided I could live with those worst-case scenarios. I decided that the potential positives outweighed the potential negatives. I stand by that decision. My photos might appear on a mudsucking site like Techcrunch, or get sold as canvas prints to make money for Flickr, but I’m willing to accept those usages in order to allow others to freely use my photos.

Some people have remarked that this move by Flickr to sell photos for profit will make people think twice about allowing commercial use of their work. To that I say …good! It has become clear that some people haven’t put enough thought into their licensing choices—they never asked “What’s the worst that could happen?”

And let’s be clear here: this isn’t some kind of bait’n’switch by Flickr. It’s not like liberal Creative Commons licensing is the default setting for photos hosted on that site. The default setting is copyright, all rights reserved. You have to actively choose a more liberal licence.

So I’m trying to figure out how it ended up that people chose the wrong licence for their photos. Because I want this to be perfectly clear: if you chose a licence that allows for commercial usage of your photos, but you’re now upset that a company is making commercial usage of your photos, you chose the wrong licence.

Perhaps the licence-choosing interface could have been clearer. Instead of simply saying “here’s what attribution means” or “here’s what non-commercial means”, perhaps it should also include lists of pros and cons: “here’s some of the uses you’ll be enabling”, but also “here’s the worst that could happen.”

Jen suggests a new Creative Commons licence that essentially inverts the current no-derivates licence; this would be a “derivative works only” licence. But unfortunately it sounds a bit too much like a read-my-mind licence:

What if I want to allow someone to use a photo in a conference slide deck, even if they are paid to present, but I don’t want to allow a company that sells stock photos to snatch up my photo and resell it?

Jen’s post is entitled I Don’t Want “Creative Commons By” To Mean You Can Rip Me Off …but that’s exactly what a Creative Commons licence without a non-commercial clause can mean. Of course, it’s not the only usage that such a licence allows (it allows many, many positive scenarios), but it’s no good pretending it were otherwise. If you’re not comfortable with that use-case, don’t enable it. Personally, I’m okay with that use-case because I believe it is offset by the more positive usages.

And that’s an important point: this is a personal decision, and not one to be taken lightly. Personally, I’m not a professional or even amateur photographer, so commercial uses of my photos are fine with me. Most professional photographers wouldn’t dream of allowing commercial use of their photos without payment, and rightly so. But even for non-professionals like myself, there are implications to allowing commercial use (one of those implications being that there will be usages you won’t necessarily be happy about).

So, going back to my earlier question, does the licence-choosing interface on Flickr make the implications of your choice clear?

Here’s the page for applying licences. You get to it by going to “Settings”, then “Privacy and Permissions,” then under “Defaults for new uploads,” the setting “What license will your content have.”

On that page, there’s a heading “Which license is right for you?” That has three hyperlinks:

  1. A page on Creative Commons about the licences,
  2. Frequently Asked Questions,
  3. A page of issues specifically related to images.

In that list of Frequently Asked Questions, there’s What things should I think about before I apply a Creative Commons license? and How should I decide which license to choose? There’s some good advice in there (like when in doubt, talk to a lawyer), but at no point does it suggest that you should ask yourself “What’s the worst that could happen?”

So it certainly seems that Flickr could be doing a better job of making the consequences of your licensing choice clearer. That might have the effect of making it a scarier choice, and it might put some people off using Creative Commons licences. But I don’t think that’s a bad thing. I would much rather that people made an informed decision.

When I chose to apply a Creative Commons Attribution licence to my photos, I did not make the decision lightly. I assumed that others who made the same choice also understood the consequences of that decision. Now I’m not so sure. Now I think that some people made uninformed licensing decisions in the past, which explains why they’re upset now (and I’m not blaming them for making the wrong decision—Flickr, and even Creative Commons, could have done a better job of providing relevant, easily understable information).

But this is one Internet Outrage train that I won’t be climbing aboard. Alas, that means I must now be considered a corporate shill who’s sold out to The Man.

Pointing out that a particular Creative Commons licence allows the Klu Klux Klan to use your work isn’t the same as defending the Klu Klux Klan.

Pointing out that a particular Creative Commons licence allows a hardcore porn film to use your music isn’t the same as defending hardcore porn.

Pointing out that a particular Creative Commons licence allows Yahoo to flog canvas prints of your photos isn’t the same as defending Yahoo.

Sunday, June 29th, 2014

Responsive Day Out 2 by adactio on SoundCloud

Here’s the Creative Commons licensed music that was playing during the breaks at Responsive Day Out 2.

Monday, April 7th, 2014

The tragedy of the commons

Flickr Commons is a wonderful thing. That’s why I’m concerned:

Y’know, I’m worried about what will happen to my own photos when Flickr inevitably goes down the tubes (there are still some good people there fighting the good fight, but they’re in the minority and they’re battling against the douchiest of Silicon Valley managerial types who have been brought in to increase “engagement” by stripping away everything that makes Flickr special) …but what really worries me is what’s going to happen to Flickr Commons. It’s an unbelievably important and valuable resource.

The Brooklyn Museum is taking pre-emptive measures:

As of today, we have left Flickr (including The Commons).

Unfortunately, they didn’t just leave their Flickr collection; they razed it to the ground. All those links, all those comments, and all those annotations have been wiped out.

They’ve moved their images over to Wikimedia Commons …for now. It turns out that they have a very cavalier attitude towards online storage (a worrying trait for a museum). They’re jumping out of the frying pan of Flickr and into the fire of Tumblr:

In the past few months, we’ve been testing Tumblr and it’s been a much better channel for this type of content.

Audio and video is being moved around to where the eyeballs and earholes currently are:

We have left iTunesU in favor of sharing content via YouTube and SoundCloud.

I find this quite disturbing. A museum should be exactly the kind of institution that should be taking a thoughtful, considered approach to how it stores content online. Digital preservation should be at the heart of its activities. Instead, it takes a back seat to chasing the fleeting thrill of “engagement.”

Leaving Flickr Commons could have been the perfect opportunity to invest in long-term self-hosting. Instead they’re abandoning the Titanic by hitching a ride on the Hindenberg.

Saturday, December 14th, 2013

Flickr: The British Library’s Photostream

This is a wonderful addition to the already-wonderful Flickr Commons: over one million pictures from the British Library, available with liberal licensing.

Y’know, I’m worried about what will happen to my own photos when Flickr inevitably goes down the tubes (there are still some good people there fighting the good fight, but they’re in the minority and they’re battling against the douchiest of Silicon Valley managerial types who have been brought in to increase “engagement” by stripping away everything that makes Flickr special) …but what really worries me is what’s going to happen to Flickr Commons. It’s an unbelievably important and valuable resource.

Thursday, September 12th, 2013

dConstruct music

If you were at dConstruct last week (lucky you!), you will have heard this music during the breaks. All of these tracks are licensed under a Creative Commons Attribution Licence.

Yes, that last one is from my band—a little bit of audio nepotism.

Monday, September 10th, 2012

dConstruct 2012 intersession soundtrack - Tantek

If you liked the music that was playing in the breaks during dConstruct, here’s the playlist of CC-Attribution tracks as chosen by Tantek.

Monday, January 9th, 2012

Bureau of Common Goods | A creative film production company

You can now hire Mandy and Keith to make gorgeous films. Their website is, unsurprisingly, beautifully crafted.

Friday, August 19th, 2011

THE COSMONAUT

A crowd-funded, creative commons licensed sci-fi film currently in production.

Monday, August 30th, 2010

Flickr: NASA on The Commons' Photostream

NASA is now part of Flickr Commons: loads of wonderful science-related pictures with no known copyright restrictions.

Thursday, July 15th, 2010

CASH Music: Calexico

Download Calexico live in Nuremburg, licensed under a Creative Commons attribution non-commercial share-alike license.

Sunday, January 10th, 2010

Flickr: Discussing Personal connections in the Commons in Flickr Commons

Great stories of the Flickr Commons as people identify their relatives in photographs.

Friday, May 8th, 2009

suda.co.uk/projects/cc [Creative Commons Moo Stickers]

Get Creative Commons stickers at the click of a button thanks to Brian and the Moo API.

Tuesday, April 21st, 2009

Righting copywrongs

This week, when I’m not battling the zombies of the linkrot apocalypse with a squirrel, I’m preparing my presentation for Bamboo Juice. I wasted far too much time this morning watching the ancillary material from the BBC’s The Speaker in the vain hope that it might help my upcoming public speaking engagement.

My talk is going to be a long zoom presentation along the lines of Open Data and The Long Web. I should concentrate on technologies, standards and file formats but I find myself inevitably being drawn in to the issue of copyright and the current ludicrous state of things.

If you feel like getting as riled up as I am, be sure to listen to James Boyle as he speaks at the RSA or is interviewed on CBC. Or you could just cut to the chase and read his book, The Public Domain. If you want to try before you buy, you can read the entire book online in PDF or HTML format—I recommend reading that version with the help of the fantastic .

As if any proof were needed that this is an important, current, relevant issue, Tom reminds me that the future of our culture is under threat again tomorrow. I have duly written to some of my MEPs. Fortunately, I have a most excellent representative:

We’re talking about a gigantic windfall for a few multinational companies, taking millions of pounds from the pockets of consumers and giving it to the record labels. Also, the artistic cost of making songs from the last 50 years public property, thus allowing endless sampling by DJs and other artists, must be taken into consideration.

The UK Greens are committed to a system known as Creative Commons, which offers a flexible range of protections and freedoms for authors and artists. We want to encourage innovation and prevent large corporations from controlling and benefitting from our cultural legacy.