cilt 24 november 2004 1 towards creative education: lessons from the cc-uk experience prodromos...

1CILT 24 November 2004

Towards Creative Education: Lessons from the CC-UK

experience

Prodromos Tsiavos

CC-UK Legal Project Lead


Agenda

Introduction

The Objectives of the Creative Commons Project

The Licences and How they Work

Internationalizing the Licences

The UK Discussion


Agenda

Introduction




The UK Discussion


Acknowledging the institutional ecology of Copyright Law

Copyright Sources: international treaties, regional economic organisations (EU), national laws

Licensing Schemes

Collecting Societies

Major Rights-holders and bottlenecks

Mutliplicity of roles and Challenges for the Education Sector

Property vs. Intellectual Property


Relevant EU Legislation (I)

Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (the Software Directive)

Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (the Rental Right Directive)

Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights (the Term Directive)


Relevant EU Legislation (II)

Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the Database Directive)

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (the Satellite and Cable Directive)

Directive 2001/29/EC of the European Parliament and of the Council on the harmonisation of certain aspects of copyright and related rights in the information society


Relevant National Legislation (examples):

UK: Copyright Act 1988

Germany: Urheberrechtsgesetz von 1965


Tracing the flow of rights

• Content Creators

• Disseminators• Containers• Collectors• Entrepreneurs• Public

Institutions• Archives• Displays • Users

• Licensing Schemes

• Compulsory Licensing

• Employment Contracts

• Mass Licensing• Rights Markets

• Digital Rights Management Systems

• Educational Software

• Access Control Systems

• Institutional Information Infrastructures

• Tracing/ Searching Technologies


Agenda

Introduction




The UK Discussion


Creative Commons:making digital content more widely

available

• CC addresses legal problems in the area of global copyright law

• It is an NGO run by international lawyers and academics

• It is generously supported by the Center for the Public Domain and various other charitable foundations

• Its objective is to establish a viable middle ground between stringent copyright controls and the completely unfettered use of content in the digital age


Creative Commons: pursuing a viable middle ground in copyright law

• providing a set of user-friendly online licenses combined with a sophisticated search technology

• authors, musicians and other creators of content can use these licenses to protect some of their ownership rights, while giving others away

• the result is a new global standard or layer of copyright law promoting the dissemination of digital content and the free exchange of ideas


©All rights reserved;stringent

copyright laws

No rights reserved

Some rightsreserved

Contributing to high-

quality digital

content online


Agenda

Introduction




The UK Discussion


Three Expressions:Three Expressions:

Human-Readable: Commons Deed Human-Readable: Commons Deed



Human-Readable: Commons DeedHuman-Readable: Commons Deed

Lawyer-Readable: Legal CodeLawyer-Readable: Legal Code





Machine-Readable: MetadataMachine-Readable: Metadata





Machine-Readable: MetadataMachine-Readable: Metadata

Logo + LinkLogo + Link


Licenses:Licenses:

AttributionAttribution

No Commercial UseNo Commercial Use

No Derivative WorksNo Derivative Works

Share AlikeShare Alike


Agenda

Introduction




The UK Discussion


Jurisdictional origins and future perspectives

• The original licences were drafted under US-law and in English

• Local legal versions today exist for Japan, Brazil, Finland, Holland and Germany

• CC is collaborating with local project leads (ie mostly academic institutions) in the various target countries

• The porting process / guidelines


Think Glocal

• The Creative Commons project is global in scope: seeking to reform intellectual property law in all major jurisdictions

• The project‘s success ultimately depends (i) on acceptance and use of the licences by consumers / end-users in many different localities and (ii) on the licences‘s enforceability in the courts

• Hence, the licences must be transposed into different jurisdictions and languages


Why is it legally necessary to offer international versions of the licences?

[consumer protection] (I)• The problem of language

• According to the case law of the German BGH, standard terms and conditions for consumer contracts (AGBs) have to be phrased in German

• The French Loi Toubon required all contracts to be drafted in French; though the law is revised by now, free software licences such as the GPL are still regarded as invalid because they are in English

• The principal reason for these difficulties is the European Directive on unfair terms in consumer contracts



[moral rights] (II)• The problem of waiving moral rights

• Differences between Anglo-Saxon copyright law and continental droit-d‘auteur systems

• Pace article 6 Berne Convention a global waiver of moral rights is not possible under (eg) German law

• This gives rise to complex questions in the case of derivative works and the Sharealike licence



[liabilities and warranties] (III)• The problem of liablities and warranties

• Global disclaimers exempting licensor from any warranty or liability (eg sec. 5 and 6 CC) whatsoever are considered invalid under German law

• This is the case for both consumer contracts (AGBs) and non-consumer contracts (eg cases of grave negligence)

• Mandatory provisions of the BGB


Internationalizing the licences gives rise to important legal questions

• In international private law

• Copyright issues are governed by the principle of territoriality as set out in the Berne Convention

• Contractual issues encompass such questions as formation of contract, the consequences of non-performance, interpretation, warranty and contractual liability; refer to article 4 of the Rome Convention 1980


So how should we deal with these questions?

• Is it legally possible to have one generic legal text in English that is globally enforceable?

•Licencing under a multiplicity of different licences

•Interoperability clauses


Agenda

Introduction




The UK Discussion


The UK CC licence draft

The CC UK licence currently under discussion was drafted in collaboration with the BBC

The draft is much more readable than its US counterpart (and indeed than most other national versions) as it uses plain and simple language

The draft is also laudable in its intent to constitute a generic license for global use (rendering unnessecary the effort of manifold translation)


The UK CC licence draft: process (I)

CC-UK organisational structure (a):

•Hosting Institution

•Project Coordinator

•Legal Project Lead

•Legal Advisory Board

•Licence Drafting Team

•CC-UK mailing list


The UK CC licence draft: process (II)

CC-UK organisational structure (b):

•Public Project Lead

•Public Advisory Board

•Public Interest Organisations

•Creative Commons Network


The UK CC licence draft: process (III)

Open Sourcing the drafting process:

•Original draft by Law Firm

•Peer review by LAB and CC-UK mailing list

•Draft by the Oxford drafting team

•Peer review by CC-UK mailing list + Public organisations

•Focus groups/ interviews with artists

•Co-drafting with the BBC/ other public interest orgs

•Peer review by CC-UK mailing list/ LAB/ iCC

•Final draft


The UK CC licence draft: synergy

The role of the public sector in the UK:

•Re-inventing the public sector

•Creative Citizens

Involved public interest organisations include:

•BBC

•Tate

•British Library

•British Academy

•Channel 4

•Collecting societies


The UK CC licence draft: creativity

Input from focus groups:

•Arts Council Collaboration

•12 artists focus group

•Narratives

•Real life use of the CC web interface

•Developing new forms of licences


The UK CC licence draft: Issues

Legal:

•Interoperability (BBC/ Europe)

•Black holes

•Moral Rights

•Collecting Societies

•Bare Licence?

Strategy:

•Community building

•Bring the content out

•Beyond Licensing?


CC-UK in the educational context I:

Actors

-Commercial Educational Content Providers vs Open Content

-The role of Collecting Societies/ Trade Unions

-The role of (public) broadcasters (BBC/ Channel Four)

-The role of Museums (Tate)

-The role of Public Libraries (British Library)

-The role of Regulators (OfCom)

-The role of Public Service (The Arts Council)

-The role of Academic Institutions (JISC, Oxford, The London School of Economics)


CC-UK in the educational context II:

Tensions

•Content Creators/ Collecting Societies vs. Content Repositories/ Broadcasters:

•Different revenue models and their implications (commissioned vs self-standing works)

•Publishers vs. Content Repositories

•Questioning the role of public broadcasters

•Commercial vs. non-Commercial educational material providers (content vs. Service)


CC-UK in the educational context III:

finding and creating content

•The changing concept of authorship/ incouraging initative

•Copyright Education

•Find Available Material

•Searches

•Repositories

•Minimising costs

•Sharing Resources

•Encouraging Content Production


CC-UK in the educational context IV:

The Future

•Translation Issues

•CC-Europe

•Synergy

•Creative Licensing (CC-UK)

•Meta-Commons (CC-UK)


Contact Information:

Creative Commons

Creative Commons UK

Centre for Socio-Legal Studies

Wolfson College

OX2 6UD, Oxford

Unitied Kingdom

Prodromos Tsiavos: +44.7812.581.864

[email protected]

cilt 24 november 2004 1 towards creative education: lessons from the cc-uk experience prodromos...

Documents

cable directive directive

term directive slide

uk discussion slide

certain rights

technologies slide

copyright applicable

copyright act

certain related rights