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

Sun May 10 14:57:30 UTC 2015

Dear all, regards, just a quick follow-up with round-up of your responses:

   1. International Legal compatibility:   legal interoperability of the
   open resources, specially in a regional and global scale where there is
   little copyright law.  This common permissions framework maximizes
   outreach, improves return on the investment, and extends institutional
   trust in reuse.
   2. Technical interoperability:  machine-readable markup of licenses
   helps to discover and retrieve open-licensed resources.
   3. Understandability:  understanding rights of use through licenses is
   much easier and explicit than through exceptions.

These qualities causes increase of use as:

   - a better understanding of possible uses through licenses creates
   certainty for more and diverse uses like remixing and granularity
   approach.
   - the certainty removes concerns and relieves fears and risks of illegal
   use, it protects and guarantees ability of use as laws may change in middle
   and long term.
   - resources come to be shareable and reusable as default.

Thanks again for your great insights, best wishes,

Werner

2015-05-07 13:49 GMT-03:00 Cable Green <cable at creativecommons.org>:

> Well said, Stephen.
>
> Creative Commons also pushes for copyright reform ... including the call
> for increased limitations (fair use / fair dealing rights) to copyright.
>
>    - http://creativecommons.org/about/reform
>    - http://creativecommons.org/weblog/entry/39639
>
> Cable
>
> On Thu, May 7, 2015 at 4:19 AM, Stephen Downes <stephen at downes.ca> wrote:
>
>> 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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>
>
>
> --
>
>
> Cable Green, PhD
> Director of Global Learning
> Creative Commons
> @cgreen <http://twitter.com/cgreen>
> http://creativecommons.org/education
> *reuse, revise, remix, redistribute** & retain*
>
> *State of the Commons Report https://stateof.creativecommons.org/report
> <https://stateof.creativecommons.org/report/>*
>
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