[Open-education] [open-policy-network] Open licensing vs Exceptions/Limitations

[Werner Westermann]

Thank you all for your wonderful and generous insights!!  I cannot even
think of failing with these arguments!!!  I commit to do a shared round-up
of all your comments.  Most appreciated,

Werner

2015-05-07 8:19 GMT-03:00 Stephen Downes <stephen at downes.ca>:

> Hiya all,
>
>
>
> My take is this:
>
>
>
> First, agree that it is better to have a wide range of exceptions and
> limitations to copyright enshrined in law, particularly for the
> non-commercial use of materials. Law that supports the default of sharing,
> raher than ownership, is the objective of open access advocates.
>
>
>
> Second, and having said that, emphasize that a licensing system like
> Creative Commons is an imperfect but necessary patch for a legal system
> that worldwide does not support that objective, because:
>
>
>
> - the exceptions and limitations in law, like fair use, are often vague
> and subject to challenge in the courts, which often results in institutions
> not asserting their rights under these laws; the licenses create certainty
> and reduce risk for institutions
>
>
>
> - laws change, and the use of Creative Commons protects people in their
> use of these materials even after the laws change, and so are necessary
> until sharing is entrenched as a general principle under law
>
>
>
> - laws are much less open internationally, and some countries (the United
> States springs to mind) have both regressive legislation and agreesive
> pursuit of legal action, so the use of Creative Commons protects the use of
> these materials on a global, not just local, basis.
>
>
>
> -- Stephen
>
>
>
>
>
> *From: *Werner Westermann
> *Date: *Wednesday, 6 May 2015 16:48
> *To: *"open-policy-network at googlegroups.com", "sparc-liboer at arl.org", "
> internationaloeradvocacy at googlegroups.com", "open-education at lists.okfn.org
> "
> *Subject: *[open-policy-network] Open licensing vs Exceptions/Limitations
>
>
>
> 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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