[Open-education] [LibOER] Open licensing vs Exceptions/Limitations

Kathleen DeLaurenti kathleendelaurenti at gmail.com
Wed May 6 16:38:56 UTC 2015

Hi Werner -

I agree with you about communicating permissions to users. Being explicit
is very important. I've been doing some research on how undergraduates
understand copyright and those that have stumbled across open licenses have
such a feeling of relief at not worrying if what they want to do is "ok" or

I would say that the growing adoption of open licenses is going to start
signalling that those who chose not to have open licenses want the full
limitations of copyright imposed on their work.

Two other important things:
1) Open licenses can be interpreted across country borders, so in countries
where the laws are not as open as Chile, open licensed work is greatly

2) Putting machine-readable notices on digital openly licensed content
makes them more discoverable to those looking specifically for
openly-licensed material

I hope this helps!


Kathleen DeLaurenti
Arts Librarian
College of William & Mary

On Wed, May 6, 2015 at 11:48 AM, Werner Westermann <
wernerwestermannj at gmail.com> wrote:

> 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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