The importance of licences in the digital environment: an approach accessible to all

In an increasingly digitised world, the creation, use and distribution of software and data have become essential activities for individuals, businesses and government organisations. However, behind these everyday practices lies a crucial aspect: licensingof both software and data.

Understanding what licences are, their types and their importance is essential to ensure legal and ethical use of digital resources. In this article, we will explore these concepts in a simple and accessible way, as well as discuss a valuable tool called Joinup Licensing Assistant, developed by the European Union.

What are licences and why are they important?

A licence is a legal agreement that grants specific permissions on the use of a digital product, be it software, data, multimedia content or other resources. This agreement sets out the conditions under which the product may be used, modified, distributed or marketed. Licences are essential because they protect the rights of creators, ensure that users understand their rights and obligations, and foster a safe and collaborative digital environment.

The following are some examples of the most popular ones, both for data and software.

Common types of licences

Copyright 

Copyright is an automatic protection which arises at the moment of the creation of an original work, be it literary, artistic or scientific. It is not necessary to formally register the work in order for it to be protected by copyright. This right grants the creator exclusive rights over the reproduction, distribution, public communication and transformation of his work.

Ejemplo: When a company creates a dataset on, for example, construction trends, it automatically owns the copyright on that data. This means that others may not use, modify or distribute such data without the explicit permission of the creator.

Public domain

When a work is not protected by copyright, it is considered to be in the public domain. This may occur because the rights have expired, the author has waived them or because the work does not meet the legal requirements for protection. For example, a work that lacks sufficient originality - such as a telephone list or a standard form - does not qualify for protection. Works in the public domain may be used freely by anyone, without the need to obtain permission.

Ejemplo: Many classic works of literature, such as those of William Shakespeare, are in the public domain and can be freely reproduced and adapted.

Creative commons

The Creative Commons licences offer aflexible way to grant permissions for the use of copyrighted works. These licences allow creators to specify which uses they do and do not allow, facilitating the dissemination and re-use of their works under clear conditions. The most common CC licences include:

• CC BY (Attribution): permits the use, distribution and creation of derivative works, provided credit is given to the original author.

• CC BY-SA (Attribution-Share Alike): in addition to attribution, requires that derivative works be distributed under the same licence.

• CC BY-ND (Attribution-No Derivative Works): permits redistribution, commercial and non-commercial, provided the work remains intact and credit is given to the author.

• CC0 (Public Domain): allows creators to waive all rights to their works, allowing them to be used freely without attribution.

These licences are especially useful for creators who wish to share their works while retaining certain rights over their use.

GNU General Public License (GPL)

The GNU General Public License (GPL) , created by the Free Software Foundation, guarantees that software licensed under its terms will always remain free and accessible to everyone. This licence is specifically designed for software, not data. It aims to ensure that the software remains free, accessible and modifiable by any user, protecting the freedoms related to its use and distribution.

This licence not only allows users to use, modify and distribute the software, but also requires that any derivative works retain the same terms of freedom. In other words, any software that is distributed or modified under the GPL must remain free for all its users. The GPL is designed to protect four essential freedoms:

• The freedom to use the software for any purpose.
• The freedom to study how the software works and adapt it to specific needs.
• The freedom to distribute copies of the software to help others.
• The freedom to improve the software and release the improvements for the benefit of the community.

One of the key features of the GPL is its "copyleft" clause, which requires that any derivative works be licensed under the same terms as the original software. This prevents free software from becoming proprietary and ensures that the original freedoms remain intact.

Ejemplo: Suppose a company develops a programme under the GPL and distributes it to its customers. If any of these customers decide to modify the source code to suit their needs, it is their right to do so. In addition, if the company or customer wishes to redistribute modified versions of the software, they must do so under the same GPL licence, ensuring that any new user also enjoys the original freedoms.

European Union Public Licence (EUPL)

The European Union Public License (EUPL) is a free and open source software licence developed by the European Commission. Designed to facilitate interoperability and cooperation between Europeansoftware, the EUPL allows the free use, modification and distribution of software, ensuring that derivative works are also kept open. In addition to covering software, the EUPL can be applied to ancillary documents such as specifications, user manuals and technical documentation.

Although the EUPL is used for software, in some cases it may be applicable to datasets or content (such as text, graphics, images, documentation or any other material not considered software or structured data),but its use in open data is less common than other specific licences such as Creative Commons or Open Data Commons.

Open Data Commons (ODC-BY)

The Open Data Commons Attribution License (ODC-BY) is a licence designed specifically for databases and datasets, developed by the Open Knowledge Foundation. It aims to allow free use of data, while requiring appropriate acknowledgement of the original creator. This licence is not designed for software, but for structured data, such as statistics, open catalogues or geospatial maps.

ODC-BY allows users to:

• Copy, Distribute and use the database.
• Create derivative works, such as visualisations, analyses or derivative products.
• Adapt data to new needs or combine them with other sources.

The only main condition is attribution: users must credit the original creator appropriately, including clear references to the source.

A notable feature of the ODC-BY is that does not impose a copyleft clause, meaning that derived data can be licensed under other terms, as long as attribution is maintained.

Ejemplo: Imagine that a city publishes its bicycle station database under ODC-BY. A company can download this data, create an app that recommends cycling routes and add new layers of information. As long as you clearly indicate that the original data comes from the municipality, you can offer your app under any licence you wish, even on a commercial basis.

A comparison of these most commonly used licences allows us to better understand their differences:

Figure 1. Comparative table. Source: own elaboration

Why is it necessary to use licences in the field of open data?

In the field of open data, these licences are essential to ensure that data is available for public use, promoting transparency, innovation and the development of data-driven solutions. In general, the advantages of using clear licences are:

1. Transparency and open access: clear licences allow citizens, researchers and developers to access and use public data without undue restrictions, fostering government transparency and accountability.

2. Fostering innovation: By enabling the free use of data, open data licences facilitate the creation of applications, services and analytics that can generate economic and social value.

3. Collaboration and reuse: licences that allow for the reuse and modification of data encourage collaboration between different entities and disciplines, fostering the development of more robust and complete solutions.

4. Improved data quality: The availability of open data encourages greater community participation and review, which can lead to an improvement in the quality and accuracy of the data available.

5. Legal certainty for the re-user: Clear licences provide confidence and certainty to those who re-use data, as they know they can do so legally and without fear of future conflicts.

Introduction to the Joinup Licensing Assistant?

In this complex licensing landscape, choosing the right one can be a daunting task, especially for those with no previous experience in licence management.  This is where the Joinup Licensing Assistant, a tool developed by the European Union and available at Joinup.europa.eu, comes in. This collaborative platform is designed to promote the exchange of solutions and best practices between public administrations, companies and citizens, and the Licensing Assistant is one of its star tools.

 For those working specifically with data, you may also find useful the report published by data.europa.eu, which provides more detailed recommendations on the selection of licences for open datasets in the European context.

The Joinup Licensing Assistant offers several features and benefits that simplify licence selection and management:

	Functionality		Benefits
	Customised advice: recommends suitable licences according to the type of project and your needs.		Simplifying the selection process: breaks down the choice of licence into clear steps, reducing complexity and time.
	Licence database: access to software licences, content and data, with clear descriptions.		Legal risk reduction: avoids legal problems by providing recommendations that are compatible with project requirements.
	Comparison of licences: allows you to easily see the differences between various licences.		Fostering collaboration and knowledge sharing: facilitates the exchange of experiences between users and public administrations.
	Legal update: provides information that is always up to date with current legislation.		Accessibility and usability: intuitive interface, useful even for those with no legal knowledge.
	Open data support: includes specific options to promote reuse and transparency.		Supporting the sustainability of free software and open data: promotes licences that drive innovation, openness and continuity of projects.

Figure 2. Table of functionality and benefits. Source: own elaboration

Various sectors can benefit from the use of the Joinup Licensing Assistant:.

1. Public administrations: to apply correct licences on software, content and open data, complying with European standards and encouraging re-use.
2. Software developers: to align licences with their business models and facilitate distribution and collaboration.
3. Content creators: to protect their rights and decide how their work can be used and shared.
4. Researchers and scientists: to publish reusable data to drive collaboration and scientific advances.

Conclusion

In an increasingly interconnected and regulated digital environment, using appropriate licences for software, content and especially open data is essential to ensure the legality, sustainability and impact of digital projects. Proper licence management facilitates collaboration, reuse and secure dissemination of resources, while reducing legal risks and promoting interoperability.

In this context, tools such as the Joinup Licensing Assistant offer valuable support for public administrations, companies and citizens, simplifying the choice of licences and adapting it to each case. Their use contributes to creating a more open, secure and efficient digital ecosystem.

Particularly in the field of open data, clear licences make data truly accessible and reusable, fostering institutional transparency, technological innovation and the creation of social value.

Content prepared by Mayte Toscano, Senior Consultant in Data Economy Technologies. The contents and points of view reflected in this publication are the sole responsibility of the author.