[Open-education] Open licensing vs Exceptions/Limitations

Werner Westermann wernerwestermannj at gmail.com
Wed May 6 15:48:21 UTC 2015


Dear all, regards from Santiago.

Working around a (open) licensing policy for my institution, the Library of
National Congress of Chile, I am being confronted to the following issue:
why should I have a open licensing policy of my content if we have a pool
of exceptions and limitations in our IP law?  Indeed, the last reform to IP
law in Chile recognized a pretty wide range of exceptions and limitations (
http://www.leychile.cl/Navegar?idNorma=28933).

My answer has been:

   - its better to have an instrument that explicits the possible uses,
   instead of interpreting what can or cannot be understood as a limitations
   to copyright
   - the limitations is sort of a catalogue of specific situations, so they
   might be situations not considered in that catalogue, and specially in a
   future perspective, we cannot see yet unpredicted or unexpected situations
   that cannot apply to that catalogue

Surely you have more and better arguments to strengthen the need for a open
licensing policy.  Suggestions or comments?  Thanks for your time,

Werner Westermann
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