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

[Cable Green]

Good questions, Pen.

Looping in Sean and Meredith.

Cable

On Sat, Oct 6, 2018 at 1:42 AM Pen Lister <penworks at gmail.com> wrote:

> 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
>
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
> penworks.net <https://www.penworks.net> | @penworks | skype:penworkz
>
>
> 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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>

-- 


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/>
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