Creative Commons Licensing

Initial Proposal:

* Attribution, Non-Commercial, Share-Alike Creative Commons License with:

• • METS Schema
  • METS Profile Schema

See Creative Commons FAQ: "http://wiki.creativecommons.org/Frequently_Asked_Questions"

See Dublin Core Metadata Initiative Copyright statements: "http://dublincore.org/about/copyright"

Scenarios for Analysis:

Number	Description	Attribution prohibits?	Non-commercial prohibits?	Share-Alike prohibits?	User Action Required
1	Commercial ILS, e.g., VTLS, wants to use METS as part of their "Vital" product.
2	Commercial services vendor wants to enable METS output in a tool created to encode text.
3	Open source software vendor wants to enable METS output in their tool. Would the software need to be made available?
4	Chinese software vendor wants to translate the METS schema into Chinese and make it available on their website without charge.
5	A non-library community wants to take parts of the METS schema and use them in another XML based data encoding and transfer schema that meets the needs of that community. (e.g., XFDU)
6	A person or group wants to translate METS into a different language, claim copyright, and then restrict others from using that translation.
7	An institution wants to use METS within a new metadata application profile for their own use along with other metadata schemas.
8	An institution wants to use METS within their own institution as it comes very close to meeting their needs, but wants to add a few elements to extend the schema.

Outstanding Questions:

Number	Question	Answer	References
1	What is our interest / position?	We are interested in protecting our position of making METS available for open use against others who may not want METS to be openly used.
2	XML schema considered software according to Creative Commons?	XML is considered text according to IANA media types; CC licenses apply to text. Also DCMI applies a CC Attribution 3.0 license to its schemas expressed in both xml and rdf. Computer code is also text.	See the DCMI website on copyright pg. 3 of 4.
3	If we were to get a CC Attribution license, where would the attribution need to be displayed?		See DCMI Use web page which contains the Notice that should appear whenever DC shows up. Note distinction b/w documentation and DC schemas. http://dublincore.org/about/copyright pg. 2 of 4. See also the CC FAQ 2.11 http://wiki.creativecommons.org/Frequently_Asked_Questions.
4	What would our notice say?	TBD
5	When would the attribution have to appear?	TBD. Presumably, whenever any METS documentation and/or “code”= XML Schema would be used / displayed.	See also the CC FAQ 2.11 http://wiki.creativecommons.org/Frequently_Asked_Questions
6	What if we want to allow vendors to use METS for commercial purposes? If we were to go with the non-commercial license, would there be a way to waive the Non-commercial aspect of the license?	We always have the option of arranging other licenses with given vendors, if desired.	See CC FAQ 2.4 http://wiki.creativecommons.org/Frequently_Asked_Questions
7	What is a derivative work?		See the CC FAQ 2.12 http://wiki.creativecommons.org/Frequently_Asked_Questions
8	What is the meaning of the term “re-mix”? Would Fedora be considered a re-mix of METS? Would an application profile be considered a re-mix?	TBD	See CC FAQ 2.?
9	Do we need / want to mention author’s “moral rights”?	TBD	See the CC FAQ 1.24 for a definition of “moral rights” http://wiki.creativecommons.org/Frequently_Asked_Questions
10	If someone wanted to “re-mix” METS, and we had the ShareAlike clause as part of the license,what would this mean? Would anyone re-mixing have to share the software or the code with this clause as well as attribute? Would they have to make the software available under ShareAlike?
11	What is the meaning of a derivative, a transformation or something built upon METS (as defined by the Share Alike clause on the CC website.
12	In the software development environment, would not want to require that people make the sw available, if that is what is meant by Share Alike clause.
13	What clauses of CC Attribution apply to the DC Schemas?	DC schemas are considered to be under CC Attribution 3.0, not software which is a separate license.