[Open-education] [cc-openedu] Draft WIPO Treaty: Copyright Exceptions and Limitations for Educational and Research Activities

[Pen Lister]

Hi all

At risk of potentially provoking argument, I do see potential problems with
some of the bullet points above.

For example:

   - *making copies in the course of teaching, learning, and research*  -
   this should ideally have some kind of limitation on fully copyright works.
   In a digital context, permitting a limitless amount of copying in the name
   of education is just an open license to copy and distribute works. This in
   essence is why Sci Hub exists.

   - *to use works for computational or other research uses that do not
   themselves express or communicate the work to the public, including
   indexing and text and data-mining* - this is potentially rather
   dangerous ground, is it not? Data mining of large data sets or data
   gathering for 'computational' purposes infringes privacy on a mass scale.

Also, can some please clarify '*importing lawfully made copies of
materials'* - Does it mean importing, as in across copyright territories,
or what?

Im now reading the full doc!

Pen

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On Fri, Oct 5, 2018 at 7:25 PM Cable Green <cable at creativecommons.org>
wrote:

> Greetings Open Education Colleagues:
>
> The World Intellectual Property Organization (WIPO) is considering whether
> they will take action to encourage countries to have stronger limitations
> and exceptions to copyright.  In this debate, it's valuable to hear from
> the open education community.  For OER in particular, clear standards about
> copyright exceptions for education will enhance access to learning
> resources and will simplify questions about including and sharing third
> party material in OER.
>
> Civil society groups have written a draft treaty <http://tiny.cc/TERA-GCV>,
> and are asking for groups to sign in support.  Sign-ons in October will be
> valuable in preparation for the November WIPO meeting.
>
> The core of the draft treaty requires that all copyright laws contain
> rights to use materials for educational or research purposes compatible
> with fair practice, including:
>
>
>    - making copies in the course of teaching, learning, and research
>    - performing or communicating works in an educational context
>    - making quotations
>    - using images, short works and excerpts of longer works
>    - translating materials
>    - using materials for which the right holder cannot reasonably be
>    identified or located, or for which there is no longer a commercial
>    exploitation
>    - making and providing accessible format copies of materials to people
>    with disabilities
>    - importing lawfully made copies of materials
>    - to use works for computational or other research uses that do not
>    themselves express or communicate the work to the public, including
>    indexing and text and data-mining
>
> Creative Commons is planning to endorse this draft treaty. The treaty aims
> are aligned with our organisational vision, and with our strategy that
> includes advocacy and copyright reform to improve equitable access to
> education and research resources.
>
> We encourage your organisations to review the draft treaty and considering
> signing on too.
>
> Documents:
>
>    - summary of the draft treaty <http://infojustice.org/archives/40295>
>    - full text of the draft treaty  <http://tiny.cc/TERA-GCV>
>    - sign-on form <https://form.jotform.com/pijip/endorse-TERA>
>
> With gratitude,
>
> Cable
>
> Cable Green, PhD
> Director of Open Education
> Creative Commons
>
>    - Join: CC Open Education Platform
>    <https://creativecommons.org/2017/09/05/invitation-join-cc-open-education-platform/>
>    - Tw: @cgreen <http://twitter.com/cgreen>
>    - CC has thrown the doors open to a broader, more inclusive, more
>    engaged Global Network. Get involved today.
>    <https://network.creativecommons.org/get-involved/>
>
>
> *(this e-mail is a remix from posts by Meredith Jacob
> <https://creativecommonsusa.org/index.php/2018/10/04/this-proposed-treaty-on-copyright-exceptions-should-matter-to-the-open-education-community/>, Tim
> Vollmer and Sean Flynn)*
>
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