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RightsCon Redux: Working Toward A Progressive Copyright Framework For Europe

mardi 4 avril 2017 à 13:00

RightsCon is an annual conference that focuses on awareness-raising, organising, and advocacy on global issues at the intersection of technology and human rights. The event is produced by the international nonprofit organization AccessNow. RightsCon participants include members of digital rights organisations, legal experts, civil society, government, and business representatives.

Creative Commons, Mozilla, and the Wikimedia Foundation organized a panel discussion on the work being done to reform the European Union copyright rules. The goal of the session was to share information on key topics in the Commission’s proposal related to copyright and digital rights as well as connect people with educational and advocacy efforts that support a progressive reform in the public interest.

MEP Julia Reda set the stage for the panel, providing background about both the underlying principles for modernising the copyright rules, and also the process that’s involved and where we are now. Ms. Reda is a member of the European Pirate Party and VP for the Greens/European Free Alliance group, She was the rapporteur for the comprehensive copyright evaluation report presented to the Parliament in 2015.  

Photo by Anna Mazgal, CC BY 4.0

We then moved on to explore six key issues of the copyright reform proposal. Lisette Kalshoven from Kennisland and the Communia Association explored the opportunities and challenges presented by the new copyright exception for education. Lisette talked about how the existing copyright exception for educational uses laid out in the 2001 Information Society Directive is quite good, but is not harmonized across all Member States and doesn’t cover online uses of educational content. The new education exception introduced in the Commission’s proposal is positive because it is mandatory. However, there are three main challenges. First, there is a feature whereby if there is a licensing option in a particular Member State, then that country could ignore the implementation of the education exception. Second, the exception would only cover more traditional educational establishments, such as schools, leaving out other informal education practices, such as online courses. Finally, there’s still some confusion about whether the new exception would adequately cover both online and offline uses of educational resources. Lisette also mentioned the recently-launched digital campaign https://rightcopyright.eu/, which aims to mobilize the public in supporting positive changes to copyright that will improve access and use of educational materials and technologies for teachers and students of all types.

Raegan MacDonald from Mozilla discussed the possibility for including a copyright exception for user-generated content. Raegan talked about how the idea of introducing this type of copyright exception would go a long way in creating a better balance in the reform, since the current provisions seem to address the (sometimes unwarranted) concerns of the traditional rights holders like publishers rather than new creators and users. While it was not included in the Commission’s original proposal for a Directive on Copyright in the Digital Single Market, an exception for user-generated content (UGC) has been introduced in the draft opinions of both the Culture and Education Committee and the Committee on the Internal Market and Consumer Protection. The key point on introducing a UGC exception is to support new digital creativity, free speech, and cultural expression.

Paul Ayris from University College London Library talked about the proposed exception to enable text and data mining. Paul said that current research predicts a 1.9% growth of European GDP if the EU commits to a broad exception for text and data mining. Researchers (or anyone else) should not be forced to acquire additional licenses to conduct text and data mining on content which they already have lawful access, and he argued that the EU should follow the lead of the recommendation laid down in the Hague Declaration that “the right to read is the right to mine.” The exception should also cover users and uses outside of the traditional academic research community, as doing so would promote novel innovation across and between the public and private sectors.

Marta Peirano from eldiario.es talked about the controversial ancillary right for press publishers. Marta explained the negative repercussion to news producers of Spain when they implemented an ancillary copyright a few years ago. This is because Google News, which would have been forced to pay fees to link to and provide context to publishers’ content, called the bluff of rightsholders by discontinuing their service. When users weren’t able to discover information through content aggregation services, access to news sites dropped precipitously. She explained that the publishers pushed for a similar ancillary right in Germany, with comparable results. With so much harm to readers and no return to rights holders, the only sane option is to remove the Commission’s ancillary right for press publishers through Parliament amendments.

Agata Nowacka from Seznam talked about the Commission’s proposal that would require filtering of user-uploaded content. Seznam is a search engine based in the Czech Republic that enjoys a high market penetration there—it is one of the few places in Europe where Google does not fully dominate the search market. Agata said that as a relatively small operation (~1000 employees) Seznam would be hard pressed to pull the resources required to implement an active monitoring mechanism proposed by the Commission’s draft directive. This type of “active censorship” would be negative for most of their users, and might only work to reinforce the ubiquity of the major players, thus reducing competition in the search business.

Finally, Dimi Dimitrov from Wikimedia’s Free Knowledge Advocacy Group EU discussed policy options for safeguarding the public domain. While there are some positive provisions in the Commission’s proposal to strengthen cultural heritage institutions, there are several ongoing disputes between museums and the Wikipedia community. Dimi pointed to a case in which a German museum claimed copyright on the digital reproduction of a portrait of composer Richard Wagner. The work was painted in 1862, so it clearly is in the public domain, which would make it a natural addition to the Wikipedia page about Wagner. However, the museum claims a new copyright that arises when the work was digitized, thus for all practical purposes keeping the work out of the public domain. Dimi said that these types of disputes are not uncommon, and that a forward-looking EU copyright law should aim to clarify that digital reproductions of public domain artworks should also be in the public domain—for the broad benefit and enjoyment of the public.

We’ll continue to advocate for a progressive reform in the public interest. Right now amendments are being tabled by the relevant committees, which will eventually be negotiated and voted on in the European Parliament and Council. There’s still time to fix this copyright law to make sure that it supports users and creators in the 21st century.

The post RightsCon Redux: Working Toward A Progressive Copyright Framework For Europe appeared first on Creative Commons.

Rightcopyright.eu: Making copyright work for education

lundi 3 avril 2017 à 15:58

 

right-copyright-gif

Last week COMMUNIA launched the rightcopyright.eu campaign in order to support a better copyright for education. Let’s raise our voices and spread the word about this petition so we can influence European legislators in creating a better copyright for education.

SIGN THE PETITION

Why we need your help

The European Commission has presented a new European copyright law (Draft Directive) to the European Parliament that deeply impacts education in a disappointing and non-facilitative manner. Educators have embraced modern possibilities, and so should copyright. Therefore, COMMUNIA has developed a campaign website to collect signatures of educators throughout Europe to let the European Parliamentarians know we need a better copyright for education.

The European parliament will vote on the proposal later this year and can change, accept or reject it. COMMUNIA will present the outcomes of the petition in the European Parliament, clearly showing them the voice of citizens eager for a good-quality education, and a copyright that matches.

Copyright impacts education – it determines the extent to which a teacher may use, share or remix any material made by someone else. In some cases, there is a special exception to copyright for education, but teachers are often forced to do things that are not allowed. All European countries have implemented the current EU laws on copyright in a different way, which makes it very difficult for teachers to know what they can and cannot share internationally.

What you can do

Please visit the campaign website rightcopyright.eu and sign the petition for a better copyright for education. Please share the campaign with your colleagues, friends and family via mail, social media or face to face as well. You can find sample tweets, posts and images on the campaign website.

If you would like to know more about the campaign, or have questions, please contact Lisette Kalshoven at lk@kl.nl.

The post Rightcopyright.eu: Making copyright work for education appeared first on Creative Commons.

Art up your life, Art up your tab with a new tool

jeudi 30 mars 2017 à 17:02

What if every time you opened up a new tab you could spice up your day with an artwork selected from the collection of Europeana? Thanks to a new chrome browser plugin developed by Creative Commons Netherlands affiliate Kennisland you can.

Art up your tab is a simple browser plugin that will display a full page artwork from the collection of Europeana when you open a new tab in any browser. All artworks that are displayed by Art up your tab are either in the public domain or licensed under a Creative Commons Attribution or Attribution Share alike license. The Images are presented in full screen without any text – clicking on the image allows the user to discover additional information about the artwork on display.

Europeana.eu is a platform that brings together digitized heritage of more than 3,700 cultural and academic institutions across Europe including gems like “Night Watch” by Rembrandt to a 18th-century corset, from photos of paintings by Michelangelo. At this time, the database of Europeana contains approximately 30 million images 7,5 million of which are either in the Public Domain or available under free CC licenses.

The initial version of Art Up Your Tab, which has been realised with a contribution from the Dutch Network for Digital Heritage, showcases works provided by Dutch heritage institutions. The images displayed by the plugin are constantly updated and over time the plugin will display images from cultural heritage institution from other European countries as well.

If you are reading this in a chrome browser, you can head over to the chrome web store to install the plugin right now.

The post Art up your life, Art up your tab with a new tool appeared first on Creative Commons.

House bill would further politicize the Register of Copyrights

mercredi 29 mars 2017 à 09:24

In January we urged the new Librarian of Congress, Dr. Carla Hayden, to make sure that whoever she appoints as the next Register of Copyrights should put the public at the center of the work of the Copyright Office. Currently the Register leads the Copyright Office, an institution that sits within the Library of Congress. The Register is a key position responsible for—you guessed it—copyright registrations, and also influences copyright policy in the United States.

But now, a bill has been introduced in the U.S. House of Representatives that would alter the role of the Register, and possibly the future of the Copyright Office itself. Last week, House Judiciary Committee Chairman Bob Goodlatte (R-VA) and Ranking Member John Conyers, Jr. (D-MI) introduced H.R. 1695, the Register of Copyrights Selection and Accountability Act of 2017. The bill would give the President—not the Librarian of Congress—the power to appoint the Register of Copyrights. The position would be subject to Senate confirmation and would last for a term of 10 years (with the possibility of renewal).

There is a lot of work to be done in upgrading and modernizing the important processes around the Office’s strategic priority “to make copyright records easily searchable and widely available to authors, entrepreneurs, and all who need them”. It’s unclear how changing the confirmation and reporting structure of the Register would serve that priority. But it is clear that the shift could further politicize the role, and thus embolden the political agendas of several of the largest publishing associations and entertainment industry businesses that are currently cheering this legislation.

The mission of the Library of Congress is “to make its resources available and useful to the Congress and the American people and to sustain and preserve a universal collection of knowledge and creativity for future generations.” The Register of Copyrights should continue to report to the Librarian of Congress. Moving this position out from underneath the public interest mission of the Library will only continue to nudge the balance of copyright toward serving the interests of the incumbent players, and will ignore new creators and users.

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Balancing the budget: How a commons-based project is revolutionizing budget reporting in India

jeudi 23 mars 2017 à 14:20

Publicly tracking how a government spends its money is more than just posting documents online – making sense of budgets is crucial to providing oversight and interpretation of government spending. Working to demystify this process is at the root of the Open Budgets India project, which is fighting for a more free and open approach to budgets in India.

A beta project with 5,300 datasets from 333 sources, the portal provides access to budgets at every level of government in India, providing APIs and visualizations for previously obscure data. The project also created a useful FAQ to help people understand how government budget data works, how it differs from other kinds of data, and why it matters. Funded by a number of institutional partners, the portal has served more than 3,000 users looking for visualizations and information on open budgets at local and federal levels.

Why open budgets? Why are open budgets important to open government?

Government budgets are a comprehensive statement of government finances for a financial year, translating government’s promises and priorities as expenditures and its receipts to meet such demand. Open Budgets Data is government budget data that is publicly accessible (uploaded online on a timely basis) in a machine-readable and reusable format covering all data points (not just analysis), freely available and legally open to use for everyone without any restriction. Over the years, open budgets data has become vital to build trust in government’s financial activities and sustaining transparency in its policy decisions. It also enables citizens, policy makers, civil societies, journalists, and other key players to engage in budgetary processes and strengthen participation and insight into budgetary policies in the country.

In order to have open and effective governance, governments need to invest and commit on complete budget transparency, i.e. full disclosure of open budgets data on revenues, allocations and expenditures across the public sector. Unfortunately, in India public access to budgets diminishes as we go deeper from the level of the Union Government (Central Government) to the subnational level. As a result, the use and analysis of budget data has been restricted, and the scope for citizen’s engagement with government budgets has been limited. In such a backdrop, Open Budgets India (OBI), a comprehensive and user-friendly open data portal, facilitates free, easy and timely access to relevant data on government budgets in India.

Data visualization: Outstanding External Debt from Open Budgets India

What are the greatest successes and obstacles you’ve faced with this project? How have you seen it used so far?

From the very inception of the project, we have collaborated with a diverse team of researchers, technologists, data scientists, policy hackers and groups of volunteers to co-create this portal. We have embraced open-source technology, design, visualizations and documentation to go several steps ahead and become an open-source initiative, facilitating transparent and accessible co-development. We have automated conversion of budget PDFs into clean CSVs, created time-series data and developed scalable visualizations. This has helped us to scale our data mining techniques across various tiers of governments. Also, we forked CKAN, an open-source data portal platform and customized it as per our needs. Use of open-source softwares has reduced our development time manifolds thus we have kept all our work in open too, so that other organizations can freely reuse it and may help us to make better systems. Also, with the help of our automated data pipeline, we were able to publish machine readable budget data from Union Budget 2017-18 in less than 24 hours, enabling timely and informed budget analysis.

One of the major obstacles towards budget transparency in India is a lack of consistency and standardization in budget data formats across years and government bodies. Few states still avoid publishing their budget documents online and other have fonts and character encoding issues, making it difficult for us to parse those. When it comes to disaggregated detailed data for State Expenditure and Receipts, format varies drastically as no two states follow a similar format for publishing their documents. Some of the budget documents are available only in local languages, thus requiring efforts in translation for interoperability. These issues make it difficult for us to produce crucial machine readable data for state budgets. However, we have developed a technique to generate CSVs for Karnataka and Sikkim, which we plan to scale up for other states in near future.

Unavailability of budget documents online and heterogeneity of the formats further increases as we move down to districts and municipalities. We even need to file RTIs (Right to Information) to several government bodies to acquire these important budget documents. Publishing of such information in a timely and accessible manner can strengthen monitoring of public expenditure as well as engagement of people with budgetary processes. That, in turn, can lead to significant improvements in the manner in which such allocations are spent.

In last two months, more than 3K unique users have visited the portal, with highest traffic on data visualizations followed by state and union budget documents. Users are finding CSVs and time-series datasets useful for doing their own budget analysis. It is also encouraging for us to know that other data portals and communities are using Open Budgets India as a source for budget data. For example, the urban data portal, OpenCity.in has credited OBI as a data source for couple of municipal corporation budgets.

Data sectors on Open Budgets India

How have governments reacted to having their budgets online and open? What kinds of responses how you seen from various departments?

On 27th January 2017, we conducted a public consultation on ‘Opening Up Access to Budget Data in India’ in New Delhi. The consultation included a panel discussion with experts on what should government authorities and civil society organisations pursue, in the coming years, so as to ensure that people get free, easy and timely access to relevant budget data at various levels of government. Sumit Bose, member, Expenditure Management Commission and former Finance Secretary, advised the project, saying, “A lot of hard work must have gone into developing this project, as budget preparation itself is a humongous exercise. Besides, experts, the volunteers need to be recognized, as they must have contributed in a big way in developing this excellent portal. I’m optimistic about this project… However, I feel that there’s no deliberate attempt by state governments, barring exceptions, not to put machine readable documents online. Probably, they never felt the need or it simply didn’t occur. In the next stage, the CBGA needs to tell state governments about their requirement.”

Deputy Comptroller and Auditor General, K Ganga suggested a few guidelines to strengthen the demand for making budget data available in public domain as well. She said, “Transparency can only be achieved once the common man outside of academics and governance understands budget data and use it. Things are done by keeping only the experts in mind. Besides, communication channels with every stakeholder be kept open even through vernacular medium, ensure that people can access data in various kinds of devices, create an environment by encouraging people to provide data, and pester the government to share data and information.”

Your project aims for accessibility and ease of use within government data. How are you working to make that data accessible despite a variety of file types and standards across organizations?

One of the major additions is a comprehensive metadata for budget datasets, which drastically increases searchability of documents. We have also classified datasets by tiers of government, developmental sectors(like Agriculture and Allied Activities, Health, Education, etc.) and data formats. Apart from adding machine readable files(CSVs), we have also created a number of time-series datasets enabling users to comprehend various trends in budgetary allocations across fiscal years. For Municipal Corporations, we have developed an unified format called as Budget Summary Statement to produce aggregated figures comparable across the municipalities. For each dataset, we have clubbed all the available file formats i.e. CSV, XLS and PDF as multiple resources in a single package so that users can preview and download the format of their choice. We also provide an API to programmatically access all 5.1K+ datasets from our portal, this enables developers to automate their search and download processes.

Are you accepting contributors? If so, how could people get involved?

Open Budgets India has resulted from collective efforts by many organisations and individuals, led by Centre for Budget and Governance Accountability (CBGA). Centre for Internet and Society (CIS), DataMeet, DataKind – Bangalore Chapter and Omdiyar Network (ON) have helped significantly in the conceptualisation of the project. A team of pro-bono data scientists led by DataKind Bangalore has helped us develop few key components of the portal. Macromoney Research Initiatives has helped us in making available budget data of a large number of Municipal Corporations. Our partner organisations across the country focusing on governments budgets, viz. Budget Analysis Rajasthan Centre (BARC), Jaipur; National Centre for Advocacy Studies (NCAS), Pune; and Pathey, Ahmedabad, have contributed their efforts in collecting, collating and translating budget data of a number of Municipal Corporations.

Thus, the spirit of commons is at the core of our initiative, we are happy to seek more support from various diverse communities. Budget researchers, policy makers, civil societies, journalists and data contributors can reach out to us at info@openbudgetsindia.org. While technologists, data scientists, visualizations experts and designers can directly collaborate with us in our design and development cycle via Github. Together we aim to continue our efforts in making India’s budgets open, usable and easy to comprehend.

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