In Lisbon from 9-11 May people will come together from around the world to participate in the Creative Commons Global Summit. The gathering is a chance for for CC network members, digital rights activists, open content creators, and commons advocates to meet together, share information, and collaborate on projects.
Communia’s bread and butter over the last several years has been advocating for a progressive copyright reform in Europe that will protect users rights and improve the legal situation for both creators and institutions that want to share in the digital age.
After 30 months of working on the reform package, at the end of March the European Parliament voted in favor of the Directive on Copyright in the Digital Single Market. Last week the EU council approved it as well, sealing the deal. Soon the directive will be published in the Official Journal of the European Union. From the date of publication, the Member States of the EU will have two years to implement the provisions contained in the directive into their national laws.
As civil society organisations who’ve been working on the copyright directive re-group to adjust for the opportunities and requirements of the transposition phase at the Member State level, the Creative Commons Summit can provide a timely and useful venue to discuss how CC members and advocates in Europe could work together to ensure that the national implementations do the least harm to user rights and maximise the potential benefits for the commons. There are several sessions that will explore this and related topics around supporting productive copyright reforms.
Here’s a quick preview of some of the sessions we’re interested in, contributing to, or helping lead. Click through for more information, and if you’ll be in Lisbon please join us at these events. Continue reading
We just got done criticising how Bulgaria’s weak consolidated presidency compromise handles Article 11 of the proposed Copyright in the Digital Single Market (DSM) directive. The Bulgarian plan doubles down on the Commission’s original bad idea and ignores most of the positive protections offered by some members of parliament.
But we shouldn’t have been surprised when MEP Axel Voss came out with an even worse plan for the press publishers right. This week MEP Voss released his proposal for a compromise on Article 11, and the changes he is proposing are even more radical and more broken than anything we’ve seen thus far.
Expanding the scope to cover facts
First, Voss proposes to expand the scope of beneficiaries of Article 11 from to cover not only press publishers, but also news agencies (who aggressively lobbied for being included in the scope of Article 11 late last year). But in doing so, he introduces the risk of inappropriately granting copyright – like protection to facts and compilations of basic information. This is a dangerous extension of the scope of exclusive rights that would endanger the right of access to information. It is especially appalling since even the founders of the “modern” European copyright system wisely choose to make sure that news of the day and facts cannot be exclusively claimed: The 1986 Berne convention explicitly states that copyright shall “not apply to news of the day or to miscellaneous facts having the character of mere items of press information”.
Perhaps the most extreme change is that press publishers and news agencies would be granted (or saddled with?) an “inalienable right to obtain an fair and proportionate remuneration for such uses.” What does this mean? It means that publishers would be required to demand payment from news aggregators and other users. Continue reading
Today COMMUNIA published a policy paper on the 2017 review of the Directive on Public Sector Information (PSI Directive). The Directive first came into effect in 2003, and was amended in 2013 to clarify that 1) PSI should be presumed to be “reusable by default,” 2) museums, archives, and libraries were subject to the Directive provision, 3) acquisition fees were limited to marginal costs of reproduction, and 4) documents were to be made available for reuse using open standards and machine readable formats.
The Commission’s 2017 review could lead to further changes to improve reuse of public sector information. We made several recommendations to strengthen access and reuse of PSI.
First, we recommend that scientific research results resulting from public funding should be made available under a permissive reuse rights regime as PSI. The Commission should ensure that policy efforts to improve access to publicly funded scientific research are complementary—and not in conflict with—each other.
Second, we suggest that a revised Directive should ensure that all documents that are not currently covered by third party intellectual property rights fall within the scope of PSI national legislations.
Third, we recommend the Commission codify their earlier guidelines on recommended standard licences for PSI, and also ensure accurate licensing metadata across PSI and open data portals that reflects these licensing options.
Finally, we suggest that a revised Directive should ensure that CHIs and public sector bodies that are alike in their aims and funding structure must only be permitted to charge fees for costs directly incurred in providing access. We emphasise the importance of suitable state funding for CHI which will also enable them to make as many resources reusable as possible.
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.
On Tuesday Creative Commons released its 2015 State of the Commons report. The annual report showcases data and trends about the growth and diversity of the commons.
Creative Commons—which is a founding member of COMMUNIA— reported a major milestone this year: over 1.1 billion CC licensed photos, videos, audio tracks, educational materials, research articles, 3D models and more have now been contributed to the shared global commons. More people and institutions than ever before make use of CC’s tools to free up rights-protected content for everybody to re-use.
In addition, CC noted a huge increase in the number of works shared in the public domain using the CC0 Public Domain Dedication and out-of-copyright works marked with the Public Domain Mark. According to the data, the total number of public domain works using these tools in 2014 was about 17.5 million. That number jumped to nearly 35 million in 2015. This means that the size of the CC-marked public domain nearly doubled over the last year. This is in part due to the tools being more widely and adopted by platforms like Europeana and Flickr. Providing clear information about the public domain status of works is crucial so that subsequent creators know they can use those works without any restriction. Continue reading
The Creative Commons Summit, a bi-annual meeting of members of the CC network and friends of the Commons, took place in mid-October in Seoul, South Korea. One of the event’s tracks was devoted to copyright reform advocacy. The track was organised by member organisations of Communia, including Creative Commons.
In 2013, during the previous CC Summit, Creative Commons adopted a position on copyright reform. CC re-emphasized that even though the licenses are an essential mechanism to share creativity within the existing bounds of the law, it is now more important than ever to engage in a review and modernisation of copyright law itself. This commitment was confirmed during this year event.
Communia was especially honored to have MEP Julia Reda, the author of the European copyright evaluation report, give a keynote at the Summit. Reda stressed that while CC has been successful in showing how the copyright debate can be reframed, the values embraced by CC are not present enough in policy debates. Even worse, the existence and successes of Creative Commons licensing can be used as proof that the current system of copyright works, and that no fundamental change is needed. “Be more than a fig leaf”, Reda told CC activists.
The danger, according to Reda, is that CC will become “an island of free culture in a broader sea of automated takedowns and enforcement”. If we are to avoid that, we need to move the policy debate. Activists have been good at blocking the worst reform proposals, including SOPA, PIPA, or ACTA. We have been much worse at formulating a positive reform agenda. Continue reading
Today Creative Commons (CC), the US non-profit that publishes the Creative Commons licenses (and Communia Member) has published a statement in support of copyright reform. This step comes after a year long discussion on how Creative Commons, which has traditionally defined itself as a neutral steward of the CC Licenses, should relate to ongoing discussions about reforming copyright in various countries around the world.
The statement issued by CC makes it clear that the success of the CC licenses should not be used as an argument that current copyright legislation is flexible enough since it enables voluntary licensing schemes like Creative Commons:
Creative Commons (CC) has enabled a new approach to copyright licensing over the last ten years. CC licenses facilitate novel social, educational, technological, and business practices, and support productive relationships around networked knowledge and culture.
We are dedicated stewards of our licenses and tools, and we educate users, institutions, and policymakers about the positive benefits of adopting CC licenses. Our licenses will always provide voluntary options for creators who wish to share their material on more open terms than current copyright systems allow. But the CC vision—universal access to research and education and full participation in culture—will not be realized through licensing alone.
Around the world, numerous national governments are reviewing or revising their copyright law. Some proposed revisions would broaden the scope of uses of copyrighted works permitted without the rightsholder’s permission. In response, it has been suggested that the very success of CC licenses means that copyright reform is unnecessary—that the licenses solve any problems for users that might otherwise exist. This is certainly not the case. CC licenses are a patch, not a fix, for the problems of the copyright system. They apply only to works whose creators make a conscious decision to affirmatively license the right for the public to exercise exclusive rights that the law automatically grants to them. The success of open licensing demonstrates the benefits that sharing and remixing can bring to individuals and society as a whole. However, CC operates within the frame of copyright law, and as a practical matter, only a small fraction of copyrighted works will ever be covered by our licenses.
Our experience has reinforced our belief that to ensure the maximum benefits to both culture and the economy in this digital age, the scope and shape of copyright law need to be reviewed. However well-crafted a public licensing model may be, it can never fully achieve what a change in the law would do, which means that law reform remains a pressing topic. The public would benefit from more extensive rights to use the full body of human culture and knowledge for the public benefit. CC licenses are not a substitute for users’ rights, and CC supports ongoing efforts to reform copyright law to strengthen users’ rights and expand the public domain.
More background information on the statement can be found in this blogpost on the Creative Commons website.
The European Commission’s Proposal for a directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market is slowly progressing through the legislative process in Brussels. As part of this no less then five committees of the European Parliament (Legal Affairs, Culture and Education, Industry, Research and Energy, Internal Market and Consumer Protection and International Trade) are in the process of forming their opinion on the proposal.
At this stage the draft opinions written by the rapporteurs for the four non-leading committees have been published. These opinions take the form of amendments proposed to the text of the directive (sometimes these are accompanied by short justifications).
In our policy paper from January we identified two main issues with the proposed directive: The first one concerns the transparency of repertoire information that has to be provided by collective management organisations and the second concerns the relation between collective management and open content licenses. In our analysis the proposed directive fails to sufficiently address these two issues.
We are happy to see that among the four published opinions the draft opinion of the Committee on Culture and Education authored by Helga Trüpel shares the concerns voiced in our policy paper. In the introduction of the document she writes:
The Rapporteur would like to stress that rightholders should have the possibility to make their works available under an open content license of their choice, for instance under Creative Commons, without necessarily opting out from the collective management system.
Furthermore, the Rapporteur would like to give even more flexibility to rightholders in the management of the rights. CMOs should provide accurate repertory information, in particular for works falling into the Public Domain. CMOs should ensure that the information in respect of the works whose term of protection terminates is accurate and regularly updated, in order to exempt such works from licensing and avoid claims to be enforced by CMOs in that regard.
In the following we take a closer look at the relevant amendments contained in the draft opinion of the Committee on Culture and Education: