The text below is an adapted version of a text first published on the Kennisland website under the title “Time to move on: what we have done to improve copyright and access to cultural heritage”. Both texts are identical except for the last section. The version published here provides a more in depth reflection on the challenges ahead for digital policy making.

At the end of 2018 we will end our activities in the areas of copyright and cultural heritage. Kennisland has been working on these themes for over a decade but with the departure of Paul Keller, who has been leading these efforts, we have decided to focus our energies on innovation in Education, Cities and Care.

Internet access, civil society media and open content

Over the past fifteen years our efforts to create an open, knowledge driven society have taken a lot of different forms. Driven by the conviction of our founders that the technological revolution started by increasing access to the internet presented a lot of benefits to an open, inclusive and diverse society, we have worked on a wide range of projects that tried to leverage new technologies for social progress. This ranged from initiatives to improve internet access in disadvantaged communities like Digitale trapvelden (‘Digital playing fields’) to ideas ahead of their time like WIFI in de trein (‘WIFI in the train’)¹.

The main catalyst in this area turned out to be the Digital Pioneers programme we ran from 2002 to 2010. Through this programme, designed to support small civil society organisations in setting up technology driven activities, we learned a lot about the potential and the challenges posed by the rapid digitisation of society. One of these challenges that we identified early on was how copyright and other forms of intellectual property were not evolving at the same speed as technology. This meant that technology enabled many activities that were in conflict with copyright and other laws. Therefore, in 2003, we started the project DISC (Domain Innovative Software and Content). Together with Waag Society we helped civil society organisations to leverage the power of open source software and open content. Our involvement in the emerging field of open content led us to set up Creative Commons Nederland, which Kennisland ran (together with the Institute for Information Law) from 2005 until 2018².

Working on the development and promoting the use of the Creative Commons licenses was our first step into the area of copyright, and brought us in contact with the copyright establishment. In the fall of 2007, after years of discussion and relationship building, we launched a pilot project with Buma/Stemra that for the first time allowed members of a collective management organisation (music authors) to share some of their works under an open license. This breakthrough later provided the basis for a flexible model that gives Buma/Stemra members more say over how their rights are managed.

Opening up cultural heritage

Also in 2007, Kennisland, together with the Dutch Institute for Sound and Vision, the EYE Filmmuseum and the National Archives embarked on an ambitious project to digitise the audio visual memory of the Netherlands. At the time, the project called Images for the Future was the largest digitisation project in Europe. Kennisland was responsible for the copyright, communication and business model aspects of the project. During the project (2007-2014) the project partners restored, preserved and digitised over 90,000 hours of video, 20,000 hours of film, 100,000 hours of audio and 2,500,000 photos.

As one of the initiators of Images for the Future our priority was to make sure that the digitised works would become available online under conditions that would allow reuse. With regards to this objective the project turned out to be less successful. Regretfully only a small percentage of the overall collections could be made available online, mainly because of unresolved copyright issues. Copyright turned out to be a much more thorny issue than we had expected. The original project plan was based on the assumption that copyright owners would provide permission for the digitised material to be used in return for payment. In reality, most of them did not, as the economic incentive never materialised³.

However, we did manage to demonstrate the impact of making cultural heritage collections available under open licenses through platforms such as Open Images⁴ and the collaboration between the National Archives and Wikimedia. The latter illustrated that by sharing content on open platforms, institutions could reach new and larger audiences. These experiments around opening up collections for reuse became very influential for the nascent OpenGLAM movement. Realising that opening up GLAM collections (Galleries, Libraries, Archives, and Museums) was primarily a matter of working with public domain works and metadata, we worked with Creative Commons on developing the tools to facilitate this⁵.

From 2009 onwards we also worked with collective rights management organisations on a number of pilot projects that explored the possibility of extended collective licensing as a mechanism to get more digitised cultural heritage available online. These projects proved to be successful and in response in 2013 cultural heritage institutions and collective rights management organisations joined forces (article available in Dutch only) to ask the Dutch legislator to provide a legal basis for extended collective licensing⁶.

Based on our work in the cultural heritage sector we were an early partner of Europeana, the EU funded platform that brings together digitised cultural heritage from thousands of libraries, archives and museums across the EU. Europeana provided us with an opportunity to apply the lessons that we had learned in the Images for the Future project on a wider scale. Together with the Institute for Information Law and the Bibliothèque Nationale de Luxembourg we developed a licensing framework that ensures full reusability of the metadata aggregated by Europeana. It encourages institutions to make their collections available for reuse under open licenses⁷. Today, ten years later, Europeana is the biggest aggregator of openly licensed cultural heritage resources, hosting more than twenty million freely licensed works⁸. The success of the Europeana Licensing Framework, which focuses on clear rights information for end users promotes reuse, has inspired other cultural heritage aggregators around the globe⁹, such as the Digital Public Library of America. Over the years of our collaboration Europeana has developed into one of the leading voices advocating for open access to cultural heritage and for the protection of the Public Domain¹⁰. We are proud to have been a driver of this.

Fighting for better copyright rules in Europe

Since 2016 we have also worked with Europeana on making sure that the ongoing EU copyright reform will improve the ability of cultural heritage institutions to make more of their collections available online. While the reform process is not concluded, there are indications that the EU copyright reform package will finally provide a workable answer for the copyright problems faced by libraries, museums and archives engaged in large scale digitisation efforts.

But our fight for better copyright rules¹¹ extends further than improving the position of cultural heritage institutions. As a founding member and core contributor of the International COMMUNIA Association we have been advocating for a more user-friendly and modern EU copyright framework. Together with our partners we have been advocating for Europe-wide rules¹² that benefit educators¹³ and scientists, and encourage innovation and broad access to knowledge and culture. The fight for a more sensible copyright system remains an uphill battle. The legislative fight over the Digital Single Market Copyright Directive¹⁴ is still ongoing, and while it looks like we (together with our partners) have achieved substantial improvements for the cultural heritage and the educational sectors, it is also clear that copyright will continue to serve as a major barrier to unlocking the full potential of digital technologies for public institutions and civil society at large.

What’s next?¹⁵

As we look back at almost fifteen years of activities, it is clear that many of the hopes that drove us to invest in these areas have failed to materialise. Instead of contributing to a more decentralised, democratic and equitable society, the digital revolution has brought us an increasingly centralised digital space that is undermining democracy and personal self-determination. At the same time, the rapid advancement of artificial intelligence is likely to raise an entirely new set of issues.

So why are we stopping our activities in this area when there is more urgency to act than ever?

We feel that after fifteen years we have exhausted our ability to intervene in meaningful ways. As an organisation that is entirely project-funded we need to find funders that are willing to pay for our interventions. Most funders that we have worked with prefer to fund activities/interventions that directly address a specific problem or issue that is relevant to their own mission (such as cultural heritage institutions for whom we have worked on copyright reform) or business (such as tech companies who have supported our copyright reform work). Such funding is usually tied to concrete opportunities or threats (like the ongoing EU copyright reform) and as such a lot of our work in the past years has been reactive to these kinds of threats and opportunities.

This has allowed us to change a lot of things for the better for the organisations and sectors that we have been working for. At the same time it is clear that we (as part of a bigger movement) have failed to counter the general trend towards an online space that is more and more dominated by a small number of powerful platforms that have built their dominance by extracting more an more of our private and public information. This situation poses a challenge for those like us who are part of the open movement. By advocating for opening up access to data, culture and information we have contributed to a favourable environment in which these platforms have come to dominate the online space.

If we want to reverse these developments and double down on our efforts to create a more decentralised, democratic and equitable society, there is a clear need for developing a more strategic, forward-looking policy agenda that furthers the policy objectives of the open movement.

Despite our long and successful track record in this field, Kennisland is no longer the place where this can happen. Both the funding model (dominated by relatively short-term project funding) and the relationship with our network of partners with whom we work on concrete social challenges (and who expect us to deliver concrete interventions in their immediate reality) drove us to the conclusion that Kennisland is no longer the place for long-term strategic policy work with an international focus. This is why I have decided to take these ambitions elsewhere.

Over the course of 2019 I hope to develop the foundations for a new entity that can be the host for these ambitions and that can become the basis for policies that rethink the digital environment in the light of what we have learned over the last decade and a half.

For the last eleven and a half years Kennisland has been my professional home and base of operations (first high above the the Keizersgracht and since 2015 as part of Spring House). Today we have announced that it is time for me to leave to make place for the next generation to take over the helm at Kennisland. The past decade has been an amazing ride during which I have learned and grown a lot. Over the years I have had the opportunity to work with lots of amazing people both at KL and all over the world¹ on making the world a little bit of a better place.

Most of my contributions in doing so have focussed on fairly nerdy and technocratic issues. The most impactful - and hopefully lasting - change that we have managed to achieve is that we have convinced large parts of the cultural heritage sector to embrace digitisation as a chance for radical openness instead of seeing it as a threat (or, even worse, as a business opportunity). We have changed many organisations internal policies from closed by default to open by default and at this moment it feels that there is enough momentum in the direction of open access to collections and other data for it to sustain itself.

But changing internal policies of public institutions is not enough if they operate in a legal environment that is stacked against them (and against individual users and creators). This is why, over the last six years or so I have spend an ever increasing amount of my energy to fight for better copyright legislation in Europe. As I am preparing to leave Kennisland this fight is nearing its logical conclusion, and the jury is still out to determine in how far our attempts to change things for the better will be successful. Right now it is not looking particularly good, but as the saying goes, it ain’t over until the fat lady sings.

I will focus my remaining time at Kennisland on continuing this fight and I am optimistic that we still have the chance to move the needle in the right direction. Even if the end result of this round turns out to be disappointing the struggle for a legal environment that prioritises the interests of individual creators and the general public over the interests of profit driven intermediaries (both legacy entertainment industry and our new platform capitalist overlords) will continue for the foreseeable future.

It is somewhere in this space that I see my post-Kennisland future to unfold but at this point in time it is too early to say what I will be doing next².

Reflecting about my time at Kennisland also means to look at the darker moments: During my tenure at Kennisland, the Netherlands has become a more selfish and closed society that has shed lots of traits that once made it an attractive environment to operate in. Over the years we have seen a decimation of a support system for a vibrant, experimental and optimistic cultural sector. The feeling of embracing the future and shaping it through experimentation that was still very much present when I started at Kennisland is largely gone, displaced by a sheepish admiration for disruptive innovation that cherishes individual responsibility above collective imagination and solidarity.

But the darkest moment of my time at Kennisland was the fact that no matter how hard we put up signs, organised campaigns and tried to ignore the inevitable logic of the destructive carnage in Syria, we lost Bassel (R.I.P). Thinking about Bassel and the never-ending carnage in Syria puts whatever I managed to achieve during my time at Kennisland into the perspective of the world around us ever so slowly getting more unhinged.

Felix has posted an interesting review of the recent Economies of the Commons Conference over on the nettime mailing list. He picks up a remark that i made during the ‘Sustainable Images of the Future panel’ on friday night:

The most poignant moment came when Edwin van Huis (Netherlands Institute for Sound and Vision) recounted a discussion with a broadcaster about whether the institute could put online some TV segment that was already on Youtube. The answer was: No! When he asked the broadcaster how he felt about his content being on Youtube the answer was: ‘You can’t do anything against Google’. Thus, as Paul Keller remarked, there is a perverse situation that the official repositories of culture are going to be stuck with stuff that either they cannot make accessible, or nobody cares about. All the rest will be better accessible via Youtube or piratebay.

In short, it became abundantly clear that, no matter how much money you have, the attempt to solve all the legal issues first and only then start to release the material is doomed to failure. Digitization plus strict adherence to the law will not create digital archives but copyright dungeons.

Most of the successful, innovative projects, it turns out, are operating in zones of varying degrees of grey. In the American example, Youtube, the grey zone is protected by corporate might (Google). In the European example, piratebay, the grey zone is sustained by mass civil disobedience.

You can read his full post in the nettime archive or on the knowledgeland blog, where i have reposted it with some additional thoughts of mine.

Some thoughts on the Nine Inch Nails record release over at the KL blog

Been in Seville for a two day workshop on socioeconomic impacts of social computing at the IPTS and have blogged some observations on the Knowledgeland blog (will probably start writing a bit more over there in the future).