Fair Use Week 2016 is here, and we’re happy to celebrate it alongside many other organizations and individuals who believe in the importance of flexible exceptions to copyright law.

There are now over 1 billion CC-licensed works available, and these will always be free for anyone to use and share. CC licenses work because of the existing contours of copyright. We sometimes complain about the numerous negative aspects of our collective copyright rules—such as absurdly long terms, disproportionate infringement penalties, and a pervasive permission culture. At the same time, we also need to support and expand the features of our copyright law that make possible increased access to information, educational activities, and freedom of expression. We all can use the Creative Commons licenses to create our own commons of content that can be freely reused and shared. But we still rely on the fundamental checks and balances to copyright law to do things that would never be possible using open licensing alone. This is why we celebrate Fair Use Week.

Fair use “permits limited use of copyrighted material without acquiring permission from the rights holders…[including for] commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.” Fair use is categorized as an exception to the exclusive rights granted to the copyright holder. A fair use is not an infringement of copyright.

The legal doctrine of fair use continues to get stronger. In the U.S., a court case held that creating copies of copyrighted works for the purpose of search is a fair use. Scholarly and creative disciplines like documentary filmmaking rely on collaboratively-developed best practices guides that steer fair use norms for their respective communities. The power behind fair use lies in its flexibility, which allows for changes in technology and how we interact with and use copyrighted works for creative production, teaching, and learning, as well as new practices in research and journalism.

There are still threats to realizing the full potential of flexible limitations and exceptions to copyright. For example, there are currently trade agreements in play that diminish the importance of limitations to copyright. Instead of securing mandatory limitations and exceptions for uses of copyrighted works under the TPP, all of the provisions that recognize the rights of the public are voluntary, whereas almost everything that benefits rightsholders is binding. Some scholarly publishers are trying to impose licenses that would restrict how researchers are able to conduct text and data mining. These licenses and contracts are problematic because they attempt to require permissions under the law where no permission would have been necessary otherwise. As we mentioned above, U.S. case law has already clarified that activities such as text and data mining will remain outside of the purview of copyright, while other countries are introducing specific legislative exemptions for it. Communia has written about how limitations and exceptions to copyright in the European Union should not be able to be moved aside by contract or license. Of course, Creative Commons licenses respect fair use and other exceptions and limitations to copyright. CC licenses end where copyright ends, which means you don’t need to comply with a CC license if you don’t need permission under copyright.

It’s clear that fair use and other limitations and exceptions are vital to a healthy copyright system. During Fair Use Week and the rest of the year, let’s continue to support and expand these critical user rights.

The post The flip side of copyright appeared first on Creative Commons blog.

Rolling Rebellion Sparks in Seattle to Defend Internet & Stop the TPP by Backbone Campaign, CC BY 2.0

Creative Commons and an international coalition of organizations and individuals has published the Brussels Declaration on Trade and the Internet. It follows the recent ceremonial signing of the Trans-Pacific Partnership (TPP).

The TPP is an example of a trade agreement that has been negotiated in secret with input only from government and corporate interests. There has been no meaningful participation from civil society organizations and public interest advocates who work to protect consumer and digital rights. The text of the TPP was kept secret from the public for several years; it was finally published in November 2015.

Our declaration calls for increased transparency and inclusion by all stakeholders in the development and negotiations of global trade agreements. It was originally developed at a meeting in Belgium earlier this year.

Any international rulemaking process that affects the online and digital environment should adhere to human rights and good governance obligations to actively disseminate information, promote public participation and provide access to justice in governmental decision-making.

The declaration makes six specific recommendations for countries participating in global trade agreements, including regular releases of draft proposals, plenty of opportunity for public comment, and serious engagement of organizations and experts representing Internet users and consumers.

The TPP’s copyright provisions are quite problematic: they downplay the importance of the public domain and exceptions and limitations to copyright, increase the already-too-long term of protection, and demand harsh infringement penalties. Member nations should reject it. And the public should be able to expect openness and fair representation in these types of negotiations.

You can read the full declaration here.

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TPPA Signing Protest in Auckland, by Prosperosity, CC BY-SA 4.0

Last week, the Trans-Pacific Partnership (TPP)—the massive multilateral trade agreement negotiated in secret among government and industry representatives—was signed by officials in New Zealand.

When the final text of the TPP was released in November 2015, we wrote about how the agreement is a direct threat to the public interest and the commons. The provisions around intellectual property are especially problematic. If adopted, the TPP would represent the most sweeping expansion of international restrictions on copyright in over twenty years. It downplays the importance of the public domain and exceptions and limitations to copyright, increases the already-too-long term of copyright protection, and demands harsh infringement penalties. We continue to urge member nations to reject the TPP.

The February 4 ceremonial “signing” came after a few months with little to no public consultation or debate. But simply signing the agreement doesn’t mean it has gone into effect. The road to enactment begins now, as each of the nations involved will attempt to ratify the TPP through their respective political processes.

According to EFF, “the agreement will enter into force either 60 days after all original signatories ratify it or, if that doesn’t happen within two years, in April 2018 if at least six of the 12 countries accounting for 85 percent of the combined gross domestic product of the original signatories have ratified the agreement.”

From Canada to Japan to Chile to the United States, activists in TPP-affected countries are organizing around ways to stop the agreement from taking effect. Ratification is not a foregone conclusion—as we’ve seen before with the massive public support against SOPA/PIPA, ACTA, and other regulation that would harm the public interest and the open web.

There is still time to act against the harmful TPP. In the United States, you can contact your Congressional Representatives and Senators (who will need to vote on the matter after President Obama introduces the TPP legislation to Congress). Tell them to vote NO on the TPP. We’ll also try to highlight ways that advocates in other countries can get involved before those nations complete their ratification procedures.

Together we should combine our efforts and stand united against the TPP. We know it contains sweeping provisions regarding environmental regulation, pharmaceutical procurement, intellectual property, labor standards, and food safety. And over the last five years, it has been developed and negotiated in secret. The TPP and other trade deals need to be developed transparently and with robust public oversight. Otherwise, this and other types of undemocratic, back-room agreements will continue to be a significant and damaging mechanism for global policymaking.

The post There’s still time to stop the TPP appeared first on Creative Commons blog.

This is a guest post by Lisette Kalshoven.

On Monday, January 25th COMMUNIA organized a Public Domain Day celebration at the European Parliament. COMMUNIA advocates for policies that expand the public domain and increase access to and reuse of culture and knowledge, and consists of many organisations including Creative Commons, Kennisland and Centrum Cyfrowe. The event, which focused on showcasing creators who have chosen to donate their output to the public domain, was hosted by MEP Julia Reda.

Julia Reda at the Public Domain Day Celebration by Sebastiaan ter Burg; CC0

Highlighting creators sharing in the public domain

COMMUNIA invited creators such as 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 works that are no longer under copyright because the terms of protection have expired. Public Domain Day celebrates this very moment, when the period of copyright protection ends for works of certain authors. But the public domain is not simply a dusty collection of old works. During the event COMMUNIA highlighted the fact that the public domain is a modern phenomenon—it is alive. We celebrate the practice of authors contributing to the public domain long before their copyright expires. From this perspective, the ongoing policy debate on European copyright will structure the shape and scope of our collective public domain for years to come.

Public Domain Day Celebration at the European Parliament by Sebastiaan ter Burg; CC0

Copyright debate in Europe should support the public domain

The European Commission is in the process of proposing changes to the copyright rules in the EU. It laid out some of its ideas through a Communication in December 2015, and will present concrete legislative proposals in June 2016. In 2016 and beyond COMMUNIA will advocate for specific points, including the three below. You can read more here.

1. Ensure that the mere digitisation of public domain works does not create new rights over them. Some member states would like to allow anyone who digitized a public domain work to claim new exclusive rights. This creates legal uncertainty and undermines the concept of the public domain.
2. Introduce a mandatory and strong exception to copyright for educational use. We need to ensure that education is not burdened by copyright-related barriers. To ensure this, we need a broad, harmonised exception. It should cover all types of uses, including digital and online activities, both inside and outside of the classroom.
3. Allow cultural heritage institutions to make out-of-commerce works available online. Vibrant and diverse cultural heritage institutions are one of the defining features of our European culture. In order to remain relevant, they need to show their collections online. A new exception should allow these institutions to make available online the out-of-commerce works in their collections.

COMMUNIA is following the events in Brussels closely, and is sharing the advantages of a strong public domain and a flexible copyright to policy makers. You can see photos from the Public Domain event here (all CC0, created by Sebastiaan ter Burg). If you want to stay informed on the changes in European copyright, you can follow the developments on the COMMUNIA blog. If you are interested in the area where copyright and education clash, please have a look at our Medium series on it: Copyright Untangled.

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Creative Commons (CC) believes publicly funded education, research and data resources should be shared in the global commons. The public should have access to what it paid for, and should not be required to pay twice (or more) to access, use, and remix publicly funded resources.

This is why we are pleased to announce that the U.S. Department of Labor (DOL) has adopted a department-wide Creative Commons Attribution (CC BY) license requirement on intellectual property developed under a competitive Federal award process.

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DOL’s new open licensing policy may be viewed in the federal register (PDF) and on regulations.gov

• 6. Revise § 2900.13 to read as follows:
  • §2900.13 Intangible property.
    • In addition to the guidance set forth in 2 CFR 200.315(d)*, the Department of Labor requires intellectual property developed under a competitive Federal award process to be licensed under a Creative Commons Attribution license. This license allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and requires such users to attribute the work in the manner specified by the recipient.

While the total dollar amount of competitive DOL Federal grants affected by this new open licensing policy is not yet known, Lindsey Tepe at New America estimates the rule change will impact somewhere between $300 and $400 million annually.

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The adoption of Creative Commons licensing clarifies to the public how they may access, use, and adapt publicly funded resources. There are multiple benefits of DOL requiring a CC BY license on publicly funded resources:

• Government increases the impact, reach and scalability of its grants.
• Government creates conditions for maximum potential value created from of all resources it funds, more efficiency, and better stewardship of public funds.
• Public has access to the education resources it funded.
• Innovative and entrepreneurial uses of openly licensed materials are enabled.
• Resources are available for reuse and value-add by anyone, including individual citizens, educators, scientists, public sector employees, and entrepreneurs.

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This major open licensing policy development codifies DOL’s longtime leadership at the program level where the department required CC BY licenses on multiple grants before making this a department-wide open licensing policy. Examples include:

• Trade Adjustment Assistance Community College and Career Training (TAACCCT) grant program
  • CC and its partners have been supporting DOL and its TAACCCT grantees for the last four years and will continue to do so for the next two. TAACCCT grantees are already sharing CC BY licensed education materials in the public Skills Commons OER repository.
• Career Pathways Innovation Fund Grants Program
• H-1B Ready to Work Partnership grant program

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DOL has already begun to integrate open licensing into its existing professional development SMART training series. The CC BY license requirement is referenced in the following modules:

• Capital Assets, Equipment, Intellectual Property, and Supplies
• Procurement under the New Requirements
• Uniform Guidance: Administrative Requirements
• Uniform Guidance: Cost Principles

These resources signal that the DOL is off to a great start. Creative Commons looks forward to supporting DOL with its Open Licensing Policy Toolkit and CC certificate (to be developed) for government staff.

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Creative Commons and dozens of other organizations urged the U.S. Department of Education to adopt a similar open licensing policy. We hope DOL’s policy will be a useful guide as the Department of Education as it considers its proposed Open Licensing Requirement for Direct Grant Programs.

We applaud the U.S. Department of Labor for leading the way.  Well done!

 

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