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New Chilean law would make it harder for authors to freely share audiovisual works

jeudi 16 juin 2016 à 18:16

4750915044_670dfc3012_b2° Feria Tecnológica Audiovisual DuocUC by il_tommy, CC BY-NC-ND 2.0

In May we learned that Chile’s Chamber of Deputies approved an amendment to a bill that would create a new, unwaivable right of remuneration for authors of audiovisual works. The law would apply to all audiovisual works, even those published under open licenses. This would mean that audio and video creators are supposed to be compensated even if they do not wish to receive royalties. Creative Commons and CC Chile are concerned that the bill could create unnecessary complexity for authors who want to share their works under CC licenses.

Of course authors should be able to be paid for their work. But with over 1 billion CC licensed works on the web, we also know that many authors simply want to share their creativity freely under open terms to benefit the public. For example, educators and scholarly researchers create and share works primarily to advance education and to contribute to their field of study—not necessarily for financial remuneration.

All CC licensors permit their works to used for at least non-commercial purposes. When an author applies a Creative Commons licenses to her work, she grants to the public a worldwide, royalty-free license to use the work under certain terms. The license text specifically states, “To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.”

Creative Commons and CC Chile sent a letter [English] [Spanishto the Senate Education and Culture Committee stating our opposition to the legislation. We respectfully requested that the Senate vote against the bill, or offer an amendment so that authors may continue to share audiovisual works under Creative Commons licenses without imposing an additional burden such as having to agree to an unwaivable right for remuneration.

The bill is moving through the senate committee, and you can take action now to tell Chilean lawmakers to keep open licensing options for video creators. 

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Protected: Redefining Open: MOOCs and Online Courseware in the Age of Creative Commons and Wikipedia

jeudi 16 juin 2016 à 00:16

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Redefining Open: MOOCs and Online Courseware in the Age of Creative Commons and Wikipedia

mercredi 15 juin 2016 à 20:09

The guest post below was written by Peter B. Kaufman of Intelligent Television. — When the Open Courseware movement first started – its Big Bang probably took place in mid-June 2001, when Mellon Foundation president William G. Bowen, Hewlett Foundation’s president Paul Brest, and MIT president Charles M. Vest announced the initiative at MIT – … Read More "Redefining Open: MOOCs and Online Courseware in the Age of Creative Commons and Wikipedia"

The post Redefining Open: MOOCs and Online Courseware in the Age of Creative Commons and Wikipedia appeared first on Creative Commons.

Tell the European Commission to #fixcopyright

mercredi 15 juin 2016 à 16:19

This post was remixed from the blog of the Communia Association, whose content is dedicated to the public domain. Through the Communia Association, Creative Commons and several CC Europe affiliates have responded to the copyright reform consultations of the European Commission. Currently, the Commission is asking for feedback on the “role of publishers in the … Read More "Tell the European Commission to #fixcopyright"

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Tell the European Commission to #FixCopyright

lundi 13 juin 2016 à 22:18

This post was remixed from the blog of the Communia Association, whose content is dedicated to the public domain.

Through the Communia Association, Creative Commons and several CC Europe affiliates have responded to the copyright reform consultations of the European Commission. Currently, the Commission is asking for feedback on the “role of publishers in the copyright value chain” and on “freedom of panorama”. The window for providing responses ends on June 15. Communia has already submitted its detailed response. We think the Commission should stop the harmful link tax and support commonsense sharing of publicly viewable cultural works.

It’s important that the Commission hears from you! Be sure to submit your responses to the survey by 15 June. There is a guide to assist you in answering the questions at http://youcan.fixcopyright.eu/.

Ancillary copyright = Link tax

The Commission is considering introducing a new right which would permit content publishers to extract fees from search engines for incorporating short snippets of—or even linking to—news articles. This is why the measure is called a “link tax.”  

Adopting new rights for publishers above and beyond the extensive rights they already enjoy under copyright law would be dangerous and counterproductive. Spain and Germany have already experimented with similar versions of the link tax, and neither resulted in increased revenues for publishers. Instead, it likely decreased the visibility (and by extension, revenues) of their content—exactly the opposite of what was intended.

Not only is a link tax bad for business, it would undermine the intention of authors who wish to share without additional strings attached, such as creators who want to share works under Creative Commons licenses.

Adopting a new neighboring right for publishers would harm journalists who rely on information-gathering and reporting tools like news aggregators, services like Google Alerts, and social media. It would have significant negative consequences for researchers and educational institutions by adding an unnecessary layer of rights that will make it more difficult for educators and researchers to understand how they can use content as part of their education and research activities.

Finally, the adoption of a link tax would create additional barriers for users and online information-seekers. Many users that rely on curated news aggregators like Google News, or even RSS readers or other apps that reproduce snippets of content from news articles. If an additional right for publishers is established, users would find that these existing news products and services will likely be disrupted, their prices increased, or even discontinued altogether (as we’ve seen in Spain with Google News). Popular social networking apps and websites used by hundreds of millions of people could be negatively affected too.

Freedom of Panorama: Commonsense rules for sharing culture

Freedom of panorama refers to the legal right to take and share photos, video, and images of architecture, sculptures and other works which are located in a public place. The sharing of photos taken in public places is an example of an everyday activity that should not be regulated by copyright. We know that the lack of harmonization around the freedom of panorama has negatively affected users who wish to share images of public architecture and sculpture on sites like Wikipedia. We support the adoption of a broad right for freedom of panorama, and it should apply to both commercial and noncommercial uses of images of architecture, sculpture, and other objects in public spaces. The exception should be mandatory across the EU, and should cover both online and offline uses.

Make your voice heard!

Time is running out to tell the Commission to do the right thing: No additional rights for publishers; protect and expand freedom of panorama. Be sure to check out http://youcan.fixcopyright.eu/ and submit your responses by June 15.

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