One of the issues that has been glaringly absent from the Commission’s proposal for Copyright in the Digital Single Market Directive is better protection of the Public Domain from Cultural Heritage Institutions who are trying to appropriate Public Domain works that they have digitized.
Most of Europe’s Museums, Libraries and Archives digitize Public Domain works in their collection in order to make them available without any restrictions (in line with our Public Domain Manifesto and Europeana’s Public Domain Charter). However, a minority of institutions uses loopholes in copyright legislation to claim exclusive rights over digital reproductions of works for which copyright protection has expired.
The legal basis for such claims is often found in copyright rules that also afford some form of protection to non-original photographs. These are photographic reproductions that qualify for copyright protection because they do not constitute the “own intellectual creation” of the author. Such loopholes exist in 7 EU member states and the proposed DSM directive would have been an opportunity to close them. Continue reading
Later this week in Toronto we’ll be joining hundreds of Creative Commons community members, supporters, and activists at the CC Global Summit. The summit program will feature keynotes and a variety of sessions organized around five tracks, including Policy & Advocacy, the Useable Commons, Community & Movement, Spheres of Open, and the Future of the Commons.
We’ll be joining many of the sessions, especially in the Policy & Advocacy track. As Lisette explained last week, the Policy & Advocacy track will focus on sharing information about our work in support of copyright reform and commons advocacy, and increasing the effectiveness of our community in the current and future hotbeds of law and policy change. These are exactly the areas in which COMMUNIA has been working since the summer of 2014, when we rebooted as an advocacy team to respond to the then-upcoming reform of the EU copyright rules. We know that other governments around the world are engaged in (or planning) updates to rules that govern the creation and sharing of creativity and knowledge. Some of these changes acknowledge the importance of user rights in the digital and online world, but many of the proposals only call for an increase in protection and enforcement of copyright that benefits powerful rights holders and content publishers.
In Communia Association we are well aware of challenges which copyright reform brought for the whole movement of activists actively engaged in copyright debate. Currently we’re facing the Commission’s proposal that restricts access to information, internet freedoms and threaten digital economy. Moreover, the voice of civil society is not heard in Brussels. Therefore we also believe that one of the biggest challenges for the movement is to motivate everyone, who cares about sharing and creativity. Therefore we took part in Mozfest, the event connecting a global group of people working toward an open, innovative, and censorship-free web.
The most important for us was the opportunity to meet advocates interested in a variety of different areas, including open education, Wikimedians, and those dealing with network neutrality and online censorship. They all have reasons to be interested in the direction of the development of copyright law in Europe, and we did our best to get them them on board with copyright reform actions.
The proposal to reform copyright, presented in September, showed that the European Commission does not intend to keep up with the times and create regulations that would support the development of the information society and the Digital Single Market. Unfortunately, it also showed that the voice of civil society is not heard in Brussels. Even when we provide detailed feedback and recommendations, our views are not taken into account.
During CopyCamp 2016 we organized a meeting with representatives of NGOs from Poland and other countries, aiming to talk about how to effectively promote the rights of users in the discussion on EU copyright reform.
We were curious whether the participants of our lunch also believed that existing methods of communicating our positions were not effective enough. And if so, what would we do to make politicians realize that the copyright reform needs to look beyond securing the profits of traditional business models and focus on changes that will support the new digital economy, while at the same time protecting users’ rights.
This post was written by Natalia Mileszyk and Lisette Kalshoven, and also posted on the Creative Commons blog.
Last week at the Creative Commons Europe Meeting in Lisbon, COMMUNIA organised a “School of Rock(ing) Copyright” workshop. Creative Commons affiliates from Poland, the Netherlands, and Portugal joined efforts in sharing knowledge about the current European copyright reform. We examined the political process for updating the copyright rules, and asked for help from other CC Europe affiliates in advocating for positive copyright changes. We were pleased to have around 15 participants from as many EU countries attend the session. Since we’re at a crucial stage within the European legislative process, we were eager to discuss the ins and outs on how we can create a better copyright for Europe.
Why does the CC community care about copyright reform? We all stand for creativity, innovation, access to knowledge, and development. Copyright can both boost or limit these goals, so we are actively involved to make progressive changes to copyright to benefit users, education, and the commons.
What we presented at the workshop
At the ‘school’ we focused on four different areas that people need to know about when engaging in advocacy for copyright reform in Europe. First, we provided a quick overview on ‘Brussels’ and how the different institutions such as the European Commission and Parliament interact. Second, we explained how the legislative process works. The Commission proposal is out, but it’s far from the end of the process! Third, we shared tactics and tips for getting involved in advocacy activities. These often seem obvious, but are very important when interacting with politicians. For example: never ask for anything people can’t give you, and come to the table with clear, concise suggestions. Few politicians have the time to read a 200 page research report, no matter how riveting we think it is! The fourth and last part of our workshop dug into a few key topics within the current copyright reform proposal, including areas such as cultural heritage, education, and research. Continue reading
Can we make copyright serve users better? We asked several copyright policy experts from civil society organisations for their view on the current copyright reform: what are the biggest hopes, the biggest fears and their concrete plans to improve the current copyright regime to fit our digital society? Film maker Sebastiaan ter Burg created the video below to share their answers:
The video was recorded during the event Copyright Reform: Unlocking copyright for users co-organised by COMMUNIA and EDRi and co-hosted by MEPs Therese Comodini Cachia and Carlos Zorrinho.
We would like to thank Diego Naranjo (Edri), Raegan MacDonald (Mozilla), Dimitar Parvanov Dimitrov (Wikimedia), Ruth Coustick-Deal (OpenMedia), Till Kreutzer (IGEL) and Gwen Franck (Creative Commons) for their contribution to this video.
We happily invite you to the event Copyright Reform: Unlocking copyright for users? that will take place on September 8 in Brussels. The event is hosted by MEP Therese Comodini Cachia and MEP Carlos Zorrinho, and co-organised by COMMUNIA and EDRi.
Join us to discuss key aspects of the current EU copyright reform including the freedom to use copyrighted works (exceptions and limitations) as well as some of the failures of the existing legal framework (copyfails). After the event we invite you to lunch in Jan 3q Brasserie.
Copyright Reform: Unlocking copyright for users? – agenda
11:15 – 11:20 Introduction
Anna Mazgal, Communia
11:20 – 11:25 Welcome
MEP Therese Comodini Cachia (EPP)
11:25 – 11:35 How to understand the L&E practice better?
Launch of copyrightexceptions.eu – Maarten Zeinstra, Kennisland
11:35 – 11:45 What doesn’t work?
The #copyfails and ways out of the copy mess – Diego Naranjo, EDRi
11:45 – 11:55 What works?
Presentation of the Best Case Studies – Teresa Nobre, Communia
11:55 – 13:00 Questions and discussion
facilitated by Anna Mazgal, Communia
13:00 – 13:05 Commentary
MEP Carlos Zorrinho (PASD)
13:05 – 13:15 Closing remarks
MEP Therese Comodini Cachia (EPP)
13:15 – 14:00 Lunch
Brasserie Jan 3q Continue reading
We are impatiently awaiting the European Commission’s communication on the copyright reform that should happen on September 21st. We have a list of issues we think it should cover and together with EDRi we want to talk about what doesn’t work and should be changed as well as what does work and should be further reinforced.
On September 8th in Brussels MEPs Therese Comodini Cachia (EPP) and MEP Carlos Zorrinho (PASD) will host an event co-organized by COMMUNIA and EDRi on the possible future scenarios for copyright.
Our friends at EDRi will talk about the copyright deficiencies and areas for change based on their fascinating Copyfails series. We will talk about the need to reinforce users’ rights through the harmonization of limitations and exceptions based on our Best Case Scenarios for Copyright. Kennisland, a Communia member, will present the copyrightexceptions.eu, which collects and visualises where limitations to copyright are implemented in EU member states.
Regardless of the text of the EC Communication we will have our eyes set on the reform that should both protect users’ rights and adjust copyright for the 21st century. We are grateful that MEP Comodini and MEP Zorrinho are hosting this event and help spread this message.
We will publish the agenda of the event and registration info in mid-Agust. Meanwhile, please save the date for this important debate. See you on September 8th, 11:00-13:15 in the European Parliament, Brussels.
On Monday the 25th of January COMMUNIA organized a Public Domain Day celebration at the European Parliament. The event, which focussed on showcasing creators who have chosen to donate their output to the public domain, was hosted by MEP Julia Reda.
The following creators participated in the event and shared their experiences as input at the lunch table discussions: Kenney Vleugels, who makes game assets available to other game developers under the the CC0 public domain dedication, Alastair Parvin of WikiHouse.cc, who is developing an open source approach to sustainable housing, Femke Snelting of Constant, who is publishing Public domain magazines, Eric Schrijver, who is writing a sharing guide for artists, and Thomas Lommee from Open Structures, a standardised open design system. The lunch discussions focused on the artistic and design practices of these creators and the challenges they run into. A recurring theme was the legal uncertainty created by overly complex copyright laws, and the excessive length of copyright protection.
The Public Domain is traditionally seen as a body of old works that went out of copyright. Public Domain Day celebrates this very moment, when the period of copyright protection ends for works of certain authors. During our event we wanted to highlight the fact that the Public Domain is a modern phenomenon. That it is very much alive. From this perspective, the ongoing policy debate on European copyright will shape our Public Domain for years to come.
2016 is a crucial year for the public domain
As highlighted by Julia Reda in her intervention on Monday, 2016 promises to be a crucial year with regard to the future of the public domain. Later this year the European Commission will—for the first time in over 15 years—propose changes to the EU copyright rules. This provides the opportunity to adopt policies that will strengthen the public domain. Reda mentioned that the European Parliament clearly expressed the desire to better protect the public domain, both in the eponymous Reda report, and more recently in its report on the Commission’s Digital Single Market strategy.
Unfortunately, measures related to strengthening the public domain do not seem to be very high on the Commission’s agenda right now. This is why we have used the Public Domain Day celebration to present a list of seven actions that will support the growth of the public domain in Europe. These actions are aimed at creating a modern copyright framework that is fit to serve the public interest in the 21st century. These actions need to be part of the update of the EU copyright rules. Continue reading
Join us on January 25th in the European Parliament to celebrate Public Domain Day. This day falls on the first day of the new year and marks the term of copyright protection on creative works.
This new state for cultural works means that they are now free to be reused for new cultural, commercial, educational and innovative practices. During the lunch-event in the Members Salon we will talk about the value of the public domain in fostering Europe’s innovation capacities, by inviting creators to share how they use public domain works in their businesses and approach copyright.
Speakers include our host in the European Parliament Julia Reda (MEP, The Greens EFA – Germany), Alek Tarkowski (Director Centrum Cyfrowe), Paul Keller (Director Kennisland).
Please RSVP for this event to Lisette Kalshoven at email@example.com
For more details please refer to the official invitation.