[Corpora-List] Fair use (US) and CC-BY-NC

Christian Chiarcos chiarcos at informatik.uni-frankfurt.de
Tue Apr 18 16:18:28 CEST 2017


Am .04.2017, 01:02 Uhr, schrieb Patrick Juola <juola at mathcs.duq.edu>:


> The CC-BY-NC does _not_ provide any statement about controlling law
> (read it at https://creativecommons.org/licenses/by-nc/4.0/legalcode)
> and so I >don't think you will be able to use this loophole.

Actually, the controlling law for assigning my own license should depend on my place of residence or that of my licensor. Accordingly, the localized versions of CC-BY-NC make reference to national laws (the international doesn't, of course), e.g. CC-BY-NC DE:

"Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, *findet auf diesen Lizenzvertrag das Recht der Bundesrepublik Deutschland Anwendung*." (https://creativecommons.org/licenses/by-nc/3.0/de/legalcode)

i.e., "applies the law of the Federal Republic of Germany"

But actually, in my understanding, the controlling law regulating my original access to the data and the controlling law of me sub-licensing the data can be different, as these are two independent legal acts, the first involving me and the original data provider (under their law, by their request), the second between me and possible users of the corpus (neither of which needs to have a relation to the country of the data provider).

Objections?

Christian


>
> On Sat, Apr 15, 2017 at 9:20 AM, Christian Chiarcos
> <chiarcos at informatik.uni-frankfurt.de> wrote:
>> Dear colleagues,
>>
>> a few years back, I compiled a massive corpus of Bibles and related
>> texts in a CES-conformant XML format (following Resnik 1996), some also
>> with >>annotations. For the most part, distributing this corpus would
>> be illegal under European copyright law (and that's why you haven't
>> heard about it), but >>I realized that there are circumstances which
>> could allow dissemination of a great part of it under an academic
>> license.
>>
>> Compiling and distributing a web corpus is basically illegal in Europe
>> unless explicitly permitted by an accompanying license. However, US law
>> has the >>concept of fair use, and if a data provider declares US
>> legislation to apply (e.g., that "[t]hese Terms and Conditions ... are
>> governed by the laws of the >>State of New York"), we Europeans can
>> rely on the principle of fair use, as well.
>>
>> According to 17 U.S.C. § 107, "the fair use of a copyrighted work,
>> including such use by reproduction in copies or phonorecords or by any
>> other >>means specified by that section, for purposes such as
>> criticism, comment, news reporting, teaching (including multiple copies
>> for classroom use), >>scholarship, or research, is not an infringement
>> of copyright." The intended use is for NLP research, DH scholarship and
>> classroom use, so that would >>probably not an issue -- and in fact,
>> there is no financial damage whatsoever as this data is freely and
>> redundantly available from the web.
>>
>> However, am I allowed to distribute this corpus with an explicit
>> license statement? I think CC-BY-NC should protect the intellectual and
>> commercial >>interests of the creator of the electronic edition and be
>> roughly in the spirit of an academic license, but of course, I'm not
>> the actual owner of the data, >>but only responsible for its
>> transformation and annotation. I am wondering about the consequences if
>> someone eventually creates an NLP tool chain >>from this data and uses
>> any models trained on the data in a commercial application. As the
>> original copyright extends to derived works, this would be a >>clear
>> violation of my license statement, of course, but I would be
>> responsible as I redistributed the data and by transforming it from
>> messy HTML to >>proper markup, I actually enabled this violation.
>>
>> Looking forward to your opinion ;)
>>
>> Best,
>> Christian
>> --Prof. Dr. Christian Chiarcos
>> Applied Computational Linguistics
>> Johann Wolfgang Goethe Universität Frankfurt a. M.
>> 60054 Frankfurt am Main, Germany
>>
>> office: Robert-Mayer-Str. 10, #401b
>> mail: chiarcos at informatik.uni-frankfurt.de
>> web: http://acoli.cs.uni-frankfurt.de
>> tel: +49-(0)69-798-22463
>> fax: +49-(0)69-798-28931
>>
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-- Prof. Dr. Christian Chiarcos Applied Computational Linguistics Johann Wolfgang Goethe Universität Frankfurt a. M. 60054 Frankfurt am Main, Germany

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