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Episode 26: Open Culture VOICES – Susanna Ånäs

jeudi 28 avril 2022 à 18:17
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Welcome to episode 25 of Open Culture VOICES! VOICES is a vlog series of short interviews with open GLAM (galleries, libraries, archives, and museums) experts from around the world. The Open Culture Program at Creative Commons aims to promote better sharing of cultural heritage in GLAMs collections. With Open Culture VOICES, we’re thrilled to bring you various perspectives from dozens of experts speaking in many different languages on what it’s like to open up heritage content online. In this episode, we hear from Susanna Ånäs, GLAM Coordinator of AvoinGLAM, the Finnish OpenGLAM community, which brings together work from Wikimedia, Open Knowledge, and Creative Commons. Susanna’s curiosity for networked histories initially drove her to join the international community of Wikimedians and OpenGLAM activists, and she has been working with open cultural heritage for over a decade.

Susanna responds to the following questions: 

  1. What are the main benefits of open GLAM?
  2. What are the barriers?
  3. Could you share something someone else told you that opened up your eyes and mind about open GLAM?
  4. Do you have a personal message to those hesitating to open up collections?

Closed captions are available for this video, you can turn them on by clicking the CC icon at the bottom of the video. A red line will appear under the icon when closed captions have been enabled. Closed captions may be affected by Internet connectivity — if you experience a lag, we recommend watching the videos directly on YouTube.

Episodes will be released twice a week until June 2022. Missed episode 25 of our Open Culture VOICES series? Catch up here >>

The post Episode 26: Open Culture VOICES – Susanna Ånäs appeared first on Creative Commons.

US, partner countries launch declaration for the internet

jeudi 28 avril 2022 à 17:47

The Declaration for the Future of the Internet envisions advancing the free flow of information and protecting human rights. Creative Commons is committed to better sharing for a brighter future. This includes an open, global, interoperable, reliable, and secure internet. 

Today, at a hybrid ministerial meeting organized by the White House’s National Security Council, over 60 partners from around the world signed A Declaration for the Future of the Internet. 

The Declaration was the result of the Summit for Democracy meetings that happened late last year. Organized by the U.S. government, it brought together leaders from government, civil society, and the private sector to outline and develop a new and better vision of the internet based on democratic principles. 

The Declaration comes on the heels of the European Union passing the Digital Services Act (DSA) which will regulate digital services that act as intermediaries – online platforms like social media and marketplaces – and their role of connecting consumers with goods, services, and content. And just last week, President Barack Obama addressed Stanford University about disinformation and the challenges to democracy in the digital realm. The conversations surrounding the future of the internet are making great strides towards action-oriented outcomes based on public interest values. 

The Declaration of the Future of the Internet wants to reclaim ‘the promise of the internet’, in the face of the global opportunities and challenges presented by the 21st century. It also reaffirms and recommits its partners to a single global internet – one that is truly open and fosters competition, privacy, and respect for human rights. The Declaration’s principles include commitments to: 

The Internet’s ability to democratize speech and access to knowledge, and to create communities that connect the world has led to positive sharing of information across the world. However, as the internet has matured as a medium, we have learned how its universality can be misused to manipulate and mislead; how its power to moderate and create communities can be consolidated and centralized to a damaging extent; and how its global nature can turn  the network itself into a weapon for malicious states and international lawlessness.

There has long been outcry, and work towards a better internet through public interest advocacy. 

Twenty years ago, CC started with a simple, radical idea: to save the Internet from “failed sharing”. For decades, we have been dedicated to building a globally-produced and globally-accessible public commons of knowledge, culture, and innovation. We have also been convening conversations with the civil society community to promote the open, public interest and democratic values. In 2021, we launched our Better Internet series of articles highlighting some of these conversations held at the CC Global Summit about access to knowledge and information and internet architecture and open standards. 

CC applauds efforts to invigorate a public interest governance framework and an internet that promotes better sharing according to democratic values in the public interest. While the Declaration is a positive step in the right direction, it will take more than words to bring about real change. Policymakers from around the world need to uphold the spirit of the Declaration through measurable action that fosters better sharing for a brighter future.

The post US, partner countries launch declaration for the internet appeared first on Creative Commons.

Episode 25: Open Culture VOICES – Iolanda Pensa

jeudi 28 avril 2022 à 15:47
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Welcome to episode 25 of Open Culture VOICES! VOICES is a vlog series of short interviews with open GLAM (galleries, libraries, archives, and museums) experts from around the world. The Open Culture Program at Creative Commons aims to promote better sharing of cultural heritage in GLAMs collections. With Open Culture VOICES, we’re thrilled to bring you various perspectives from dozens of experts speaking in many different languages on what it’s like to open up heritage content online. In this episode, we hear from Iolanda Pensa, president of Wikimedia Italy, and a senior researcher and head of research for “Culture and Territory” at the University of Applied Sciences and Arts of Southern Switzerland (SUPSI). Iolanda is interested in strengthening the visibility of archives and research content through collaborative knowledge building, innovative interfaces, and educational tools like Creative Commons and Wikipedia. She was previously the scientific director of WikiAfrica from 2007 until 2012, and in 2011 conceived and directed “Share Your Knowledge: Wikipedia and Creative Commons for cultural institutions.” 

Iolanda responds to the following questions: 

  1. What are the main benefits of open GLAM?
  2. What are the barriers?
  3. Could you share something someone else told you that opened up your eyes and mind about open GLAM?
  4. Do you have a personal message to those hesitating to open up collections?

Closed captions are available for this video, you can turn them on by clicking the CC icon at the bottom of the video. A red line will appear under the icon when closed captions have been enabled. Closed captions may be affected by Internet connectivity — if you experience a lag, we recommend watching the videos directly on YouTube.

Episodes will be released twice a week until June 2022. Missed episode 24 of our Open Culture VOICES series? Catch up here >>

The post Episode 25: Open Culture VOICES – Iolanda Pensa appeared first on Creative Commons.

European court renders judgment in Polish challenge to Art 17

lundi 25 avril 2022 à 19:29

Today, the Court of Justice of the European Union (CJEU) delivered its long-awaited and highly anticipated judgment in Case C-401/19. The case addresses the Polish challenge regarding compliance of Article 17 of the 2019 Directive on copyright and related rights in the Digital Single Market 2019/790 (CDSM) with fundamental rights. In short, the court ruled that Article 17 is valid and compatible with fundamental rights (see official press release and judgment). In this blog post, we offer an overview of Article 17, briefly analyze the CJEU judgment, and provide general comments. 

Background

Article 17 is a controversial article, creating an intermediary liability framework for online content sharing service providers (OCSSPs). It imposes a monitoring obligation, which many have argued translates in practice as OCSSPs using “upload filters” to moderate content so as to avoid copyright infringement. The obligation for platforms to proactively filter and block user communication (under the risk of being directly liable for copyright infringement committed by their users) raises many concerns. Because copyright infringement determinations are very often sensitive to context, there is a significant risk of overblocking user content — an outcome with adverse effects on the exercise of freedom of expression, access to information and other fundamental rights of users. Upload filters are highly problematic as they generally have a chilling effect on platform users and profoundly undermine their fundamental freedom to share. 

While June 2021 had marked the deadline to transpose Article 17 into national legislation, many Member States have yet to do so. Those that have, have taken divergent approaches, in part a result of the belated (June 2021) European Commission’s implementation guidance, based on a stakeholder dialogue

At stake in this CJEU case was whether Article 17 (or parts thereof) violate fundamental rights, in particular Article 11 of the EU Charter of Fundamental Rights and the principle of freedom of expression and information. Poland argued that it did violate fundamental rights. Communia’s report from the November 2020 hearing provides a good overview of the main arguments. In brief, the issue arises because while Article 17 provides that this monitoring obligation should not result in the prevention of the availability of uploaded works that do not infringe copyright, there is a lack of clarity around such “user safeguards.” 

Judgment

It comes as no surprise that the court followed the opinion of Henrik Saugmandsgaard Øe, appointed Advocate General (AG) in C-401/19 (see Communia’s summary of the opinion). In brief, AG Øe advised the CJEU to rule that Article 17 is compatible with the EU Charter of Fundamental Rights. He argued Article 17 should not be annulled, to the extent that monitoring obligations of online content sharing service providers must be circumscribed by sufficient inherent safeguards so as to minimize the impact of the content filtering activities on users’ freedom of expression and information. In a nutshell, the judgment states that while filtering technologies do restrict fundamental freedoms, Article 17 includes sufficient and appropriate safeguards to protect users’ freedom of expression/information. Importantly, the Court clarified that uses allowed under exceptions and limitations are users’ “rights” (in line with the AG’s position), that any intervention by OCSSPs must be triggered by relevant and necessary information by rights holders, and that general monitoring is prohibited.

Comment

This judgment provides some important legal certainty in what remains a legally complex and confusing area of copyright law. It remains to be seen how Article 17 will be applied in practice in a way that truly upholds fundamental rights in all Member States. Even so, what is clear is that the ruling will have to be considered by Member States and integrated into their domestic transposition process as they continue to implement CDSM. It will also likely influence the course of the Digital Services Act (DSA) implementation, where intellectual property rights enforcement will also need to be balanced with fundamental freedoms, as noted by the IPKat

Creative Commons CEO Catherine Stihler said: “Creative Commons remains opposed to filtering mandates, which are overbroad, speech-limiting, and bad for both creators and reusers. At CC, we will also continue to support better, open sharing of content on the internet and to uphold people’s freedom of expression and freedom to share.” 

 

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Creative Commons welcomes landmark agreement in Europe on Digital Services Act

lundi 25 avril 2022 à 18:20

After several years of debate and intense, final negotiations lasting into the night, EU legislators reached a political agreement on the proposed Digital Services Act (DSA). DSA will regulate digital services that act as intermediaries – online platforms like social media and marketplaces – and their role of connecting consumers with goods, services, and content.

According to official press releases outlining the contours of the agreement, these services will have to take measures to protect their users from illegal content, goods and services. This includes transparent advertising and rules to mitigate disinformation. In short, what is illegal offline is also illegal online – a principal Creative Commons (CC) fully endorses.

Creative Commons will carefully study the details of the agreement once published but by way of initial reaction, we applaud the EU in its desire to become a first-mover in seeking to create a regulatory and legislative framework that both enables technology firms to operate whilst at the same time protecting end-users’ fundamental rights.

Speaking of the deal, CC’s CEO Catherine Stihler said:

“I’d like to pay tribute to Commissioners Vestager and Breton, to the French Presidency and to my former colleague Christel Schaldemose for their hard work and dedication in delivering this landmark piece of legislation.”

Creative Commons particularly welcomes elements of the proposal such as enhanced accountability, greater transparency and the grounding of the legislation in fundamental values and rights such as freedom of expression and data protection.

“Ensuring citizens are protected from disinformation and manipulation when accessing online information, goods and services is of primordial importance if we are to ensure trust in the technologies and digital companies that play an ever-larger part in our lives” said Catherine.

CC particularly welcomes the zero tolerance stance on cyber-violence and the prohibition on the use of sensitive, personal data in online advertising.

The DSA is an important and significant step towards combating some of the societal challenges linked to an increasingly digitalized world. CC will continue to monitor these developments and support public interest technologies whose values are citizen centered.

The post Creative Commons welcomes landmark agreement in Europe on Digital Services Act appeared first on Creative Commons.