In September 2016 the European Commission released its proposed changes to copyright in the EU. Unfortunately, the proposal fails to deliver on the promise for a modern copyright law in Europe. Creative Commons is a founding member of the Communia Association, which has been hard at work advocating for positive changes to the Commission’s plan.
The group has published a series of position papers dealing with the various parts of the proposal for a Directive on Copyright in the Digital Single Market. The short policy papers are linked below. The next step in the legislative process will be providing specific textual changes to the proposed Directive. This amended language will be introduced by Members of the European Parliament and negotiated within the relevant committees. There’s still time to fix this copyright law to make sure that it supports users and creators in the 21st century.
EDUCATION EXCEPTION: The paper argues for the introduction of a mandatory exception for educational purposes that does not primarily focus on the type of person or institution doing the teaching, but rather on the educational purpose of the use, and that cannot be excluded by Member States if licensed content is available.
TEXT AND DATA MINING EXCEPTION: The paper argues for expanding the proposed exception to allow Text and Data Mining by anyone for any purpose.
ANCILLARY COPYRIGHT: The paper argues that Article 11 (“Protection of press publications concerning digital uses”) should be removed from the proposal.
FREEDOM OF PANORAMA: The paper argues that the European Parliament should introduce a broad, EU-wide Freedom of Panorama right that applies to both commercial and noncommercial uses of all works permanently located in public spaces.
CONTENT FILTERING FOR ONLINE PLATFORMS: The paper argues that Article 13 and the related recitals should be deleted from the proposal.
CC Nigeria Stakeholders Meeting. Photo by Kayode Yussuf. CC BY-SA
In the area of knowledge governance today, it is no longer in doubt that ‘open’ is an important and emerging paradigm and philosophy. The shift from strictly closed and proprietary forms of knowledge governance is irrefutable and the notion of exclusive and absolute control over their content by authors is fast becoming the exception rather than the rule. This has resulted in the proliferation of different concepts, models and mechanisms of knowledge governance such as Open Access publishing, Open Education Resources, Open Data. Alongside these are new forms of licensing including Creative Commons, GNU, etc.
Creative Commons Nigeria got support from Creative Commons headquarters through the Awesome Fund and Nigerian Institute of Advanced Legal Studies to host a stakeholders’ roundtable discussion on Creative Commons and its effect on open access to information and knowledge. The theme of the roundtable was “Understanding the Importance of the Open Access to Content in Nigeria in the Light of Current Copyright Law Reforms.”
CC Nigeria Meeting. Photo by Kayode Yussuf. CC BY-SA
Speakers at the roundtable included the representative of the Director General of the Nigerian Institute of Advanced Legal Studies, Prof. Adebambo Adewopo and Ms. Esther Ekong of the Nigerian Institute of Advanced Legal Studies, Mr. Michael Akpan of the Nigerian Copyright Commission, Dr. Ifeoma Oluwasemilore of University of Lagos, Abiodun Thorpe of Rainy Lemon Ltd, Samuel Atiku of BudgIT, Idrees Ibrahim and Kayode Yussuf of Creative Commons Nigeria.
The meeting had 85 participants from various sectors such as government, regulators, academia (high school and universities). The meeting also had librarians, technology start-up companies, social enterprises in attendance. The aim of the meeting was to introduce Creative Commons to the stakeholders and get their feedback. An important part of the meeting was listening to the fears of the community on using Creative Commons licenses.
It was enlightening to note that the Nigerian Copyright Commission, the intellectual property regulator in Nigeria, had plans for Open Access licenses. The regulator had done a lot of research on Creative Commons Licenses and was willing to work with Creative Commons Nigeria in educating the users of these licenses.
There are good reasons for this trend. The concept of open comes with great merits and is in perfect alignment with digital technology as the principal means of knowledge production and dissemination today. The philosophy of ‘open’ in knowledge governance and its merits can be seen in both the public and private sectors in education, research, governance.
For a country in the process of reforming its copyright laws to align with current requirements of the digital age, the concept of ‘open’ cannot be ignored. Unfortunately, it is clear that the philosophy of ‘openness’ in any form of knowledge governance is still a strange phenomenon in Nigeria. The level of awareness and scale of implementation of the different models of openness in knowledge governance in the country are insignificant in proportion to its size, needs and population. Reasons for this include lack of awareness and misconceptions about concepts and models, particularly Creative Commons and Open Access publishing. For instance, despite the increasing recognition of and justification for the use of Creative Commons licenses internationally, the mainstream Nigerian populace in the creative industry regards it with misgivings and suspicion. There is indeed a strong perception of CC among the stakeholders as a threat to their interests as copyright owners. Lack of awareness also exists in the academia and among key policy makers. These concerns clearly underscore the importance and imperative for enlightenment programs on Creative Commons in particular and open access practices and policies in knowledge governance generally in Nigeria. This imperative is further strengthened by the fact that Nigeria is on the threshold of amending her extant copyright statute in response to digital technology. Amending the law without properly integrating the philosophy of ‘open’ and the diverse models in knowledge governance developed on the basis of the philosophy would constitute a serious setback to knowledge governance in Nigeria.
This roundtable was designed to fulfill this need. It provided a platform for CC Nigeria to discuss with provide adequate knowledge of CC to the NCC and other policy makers and stakeholders in the academia and the creative industry as a whole. Such knowledge would be useful in providing them with enough understanding of the objectives of CC and the modalities of the licenses and thus help to clarify existing misconceptions and misgivings over CC.
Next steps after this stakeholders’ roundtable will be to begin to engage each sector. It will be great to host training for librarians, academics, business people and for those in entertainment.
Refugee crises, outbreaks of disease, and a divisive US election has left many disappointed and exhausted by the challenges ahead. 2016 was difficult, destructive, and terrifying for many all over the world. I truly believe that if we want the world to be more equitable, accountable, and accessible to all, we have to build it together. More than ever, we need to work together to share our knowledge and resources, to build the world we want for ourselves and our families. As the year finally comes to a close, many are asking how they can be part of the solution? How can we start 2017 with renewed energy?
Creative Commons isn’t the most obvious answer to that question. But our team, our community, and our tools are at the centre of so many global movements that are working to build a more equitable and innovative world. From open educational resources for at-risk communities, to unlocking research to find a cure for Zika or Cancer, CC is part of the solution.
Our reach is large, but we’re much smaller than you might think. Just 20 staff worldwide, with a small and vibrant community of global affiliates. And yet, over 1.1 billion times, we’ve helped people share and collaborate together for a better world. We’re completely supported by grants and donations, and we can’t continue our work without your help. Our small but dedicated group of donors make all the difference; your donation – at every level – tells us that you’re ready to help CC drive change when it is needed most.
We can’t do this without you.
The list of causes that need your help is overwhelming, but I truly believe Creative Commons is fundamental to so many movements that I hope we’ll make your list. We’re almost at the end of the year and we are SO close to hitting our goal. With the amazing show of support from all of you – our global community – we’re 85% to our goal. I am writing to ask for your help in pushing us to the finish line so we can head into 2017 with new optimism, and the resources we need to hit the ground running alongside our incredible supporters like you.
We’ve come so far with all of you. We compelled governments, foundations and organizations to share millions of new works; we rallied communities to fight the TPP and advance copyright reform; we unlocked research and data to drive innovation and discovery. We really couldn’t have done this without you – thank you.
We have big plans for the year ahead. New tools to support discovery and re-use, and build a commons of collaboration and gratitude; stronger global communities that can advocate and activate sharing cultures around the world. I can’t wait to share all our big wins with you – but first, we need your support to make it happen.
A commitment to a more vibrant creative world begins today – please visit our donation page. Let’s light up the commons together.
Independent, open, not-for-profit news sources can help safeguard against the spread of misinformation, particularly on the viral web. The Conversation takes their role as journalists, researchers, and academics seriously. As an international nonprofit producing strong independent journalism, their aim is brings important academic research to the Web through editorial curation and collaboration.
Launched in 2011 in Australia, the Conversation has expanded into six editions around the world, and their content has been published in a multitude of publications including Slate, Newsweek, Time, and the Guardian. Maria Balinska, US Editor, credits their use of the CC BY-ND license as integral to this success. In the words of their editorial board, “steal our stories,” and visit the Conversation’s website for more information.
At a moment where fake news seems to be on everyone’s mind, how are you using open licensing and curation to combat misinformation?
We start by producing evidence- based explanatory journalism from academic researchers who have studied for years – if not decades! – the topic they are writing about. All data, references and quotes in the articles are linked to the original sources so that readers can look at the material themselves. Authors sign a disclosure statement that outlines any funding or affiliations that might be relevant to the piece they have written. All this to say that verification, transparency and accountability are at the heart of our model and our charter. We see open licensing as a very effective means to combat misinformation – it’s not just about disseminating the ideas and the stories we publish to as many different audiences as possible, it also showcases our distinctive approach to journalism.
You encourage readers to share, remix, and reuse your content, or to “steal your stories.” How do you think that’s influenced the popularity and spread of your content? How have you seen that put into action so far?
We see this approach as key to our success. It helps us with large media companies – we have a legal framework that says here’s the content, you can use it, and these are the conditions (and we don’t have to spend months negotiating with their legal departments to create separate licenses). It also helps us with small websites where we can provide them with quality content that they couldn’t afford to create themselves. In the month of November, for example, we had over six million reads of our content through CC.
In a popular article on Poynter, Melody Kramer writes, “I see Creative Commons licensing as a smart way to distribute local or national content when the goal is maximum impact, or an audience spreading word that your content exists.” Do you agree with that statement? Have you found that to be true in your own work?
We would definitely agree. CC licensing means our articles are republished on average 12 times and can be consumed by CNN.com and Quartz readers as well as by subscribers to papers in Kokomo, Indiana and Corsicana, Texas and online sites of every ideological slant.
The Conversation US staff
How does your work translate globally? Have you found different kinds of responses to your work in other countries or languages where you publish? What made this growth possible over the last few years?
We’ve been translated, among other languages, into Spanish, French, Portuguese, Ukrainian and Japanese, sometimes by large media companies and sometimes by someone who is excited about the freely-available information and wants to share it.
The Conversation AU Front Page
How do you bridge academic discourse and the fast pace of the internet news cycle? Why do you think this is important to readers, and how have you seen it reflected in your readership and republication?
The beauty of the Conversation model is the close editorial collaboration between academic and journalist. Each brings the best of their world to the table: on the one hand deep knowledge and expertise and on the other news sense and communication skills. Why is it important to translate academic discourse to the general public? Because their knowledge is hugely valuable to our understanding of the world around us and can help us look for and discuss solutions for the problems and challenges we are facing. We can provide ‘just-in-time’ knowledge in our fast-paced world, when people need to analysis to understand the flood of incoming information.
What’s striking to all of us working at TCUS is that there is a real enthusiasm for the kind of content we produce. A few comments from our readers’ survey:
“Sometimes popular academic writings don’t seem to jive with the times. The Conversation does.”
“I like the idea of news items being written by a person who has some background knowledge of the topic.”
“Just keep up the good work (and the Creative Commons license: you’re very creative, never common, but always sharable).”
We view our role as unlocking knowledge from academia and sharing it with a wide variety of audiences. Creative Commons plays an essential role in making this happen.
Foto por Kristina Alexanderson. Cumbre de CC 2011, Varsovia, CC BY 2.0
Estamos orgullosos de anunciar que el registro a la Cumbre Global de CC está abierto, junto con el llamado para que la comunidad envíe sus propuestas. Por favor, consideren unirse a nosotros, tanto como si son colaboradores desde hace tiempo o son nuevos en la comunidad de CC. ¡Esperamos verlos a todos en el hermoso Delta Hotel de Toronto del 28 al 30 de abril de 2017! Por favor, ayúdennos a difundir la noticia.
El comité de programación de la Cumbre Global de CC ha estado trabajando duro para generar un encuentro espectacular en 2017. Este dedicado grupo está compuesto por personas provenientes de una variedad de países y antecedentes, que juntas desarrollaron el tema del 2017: “Los comunes y el intercambio: ¿y ahora qué sigue?”. El comité también estableció los objetivos de la Cumbre:
Definir el intercambio y los comunes para la próxima generación
¿Qué desafíos urgentes y/o amenazas enfrentan actualmente los comunes?
¿Qué asuntos necesitan la atención y el apoyo de la red de Creative Commons en los próximos dos años, particularmente a partir de nuestro cambio de enfoque hacia una colaboración significativa entre las personas?
¿Cómo reforzamos, expandimos y celebramos nuestros lazos con los creadores de la cultura que visibilizan y hacen reales a los comunes para la gente?
Cambiar el foco hacia la gente, yendo más allá de las licencias para mejorar la colaboración y el intercambio
Queremos cambiar hacia un modelo realmente interconectado y de colaboración abierta
Queremos cambiar enfocarnos en la gente que hace los comunes, por sobre los contenidos de los comunes
Queremos ir más allá de la adopción de licencias, para incluir la colaboración e intercambio de los comunes
Discutir el futuro de la red de Creative Commons y hacer crecer el movimiento de CC
Discutiremos y trataremos de alcanzar un consenso sobre la nueva estrategia y estructura de la red propuesta por el Comité de Estrategia de la Red
Generaremos sesiones colaborativas que le permitirán a cualquiera ser parte de la conversación
Invitaremos a creadores y a usuarios para participar activamente e involucrarse con temas que van más allá del licenciamiento de contenidos
Estamos creando el programa de la Cumbre Global de CC con tu colaboración. Si te interesa contribuir al programa, por favor responde a nuestro Llamado a propuestas [LINK EN] con ideas. Estaremos recibiendo propuestas de capítulos afiliados, socios, organizaciones amigas, colaboradores y cualquier otra persona que quiera ayudarnos a diseñar un evento fantástico. Puedes enviar tus propias ideas o simplemente ayudarnos a difundir la noticia.
EDUCATION EXCEPTION: The paper argues for the introduction of a mandatory exception for educational purposes that does not primarily focus on the type of person or institution doing the teaching, but rather on the educational purpose of the use, and that cannot be excluded by Member States if licensed content is available.
TEXT AND DATA MINING EXCEPTION: The paper argues for expanding the proposed exception to allow Text and Data Mining by anyone for any purpose.
ANCILLARY COPYRIGHT: The paper argues that Article 11 (“Protection of press publications concerning digital uses”) should be removed from the proposal.
CONTENT FILTERING FOR ONLINE PLATFORMS: The paper argues that Article 13 and the related recitals should be deleted from the proposal. 
