Hotel Village Eldorado – Atibaia, Brazil 08 May, 2007.

Hotel Village Eldorado – Atibaia, Brazil08 May, 2007

what is the problem creative commons is trying to solve?

A2K for scientific material

the 1st copyright law in the world ?


Statute of Anne of 1710

“An Act for the Encouragement of Learning...”



against the perpetual monopoly granted to the

Stationer's Company

publishers

eternal copyrights = right to copy



against the perpetual monopoly granted to the

Stationer's Company

authors

limited term of 14 years


function of copyrights

“... promoting creative intellectual

activity (...) in order to accelerate

economic, social and cultural

development ...”

1974 Agreement between the UN and WIPO, art. 1



Brazilian Constitution

“authors have the exclusive rights of using,

publishing or reproducing their works,

transmissible to their heirs for the term

fixed by law”

Article 5, paragraph XXVII, Brazilian Constitution 1988




are these exclusive rights, absolute rights ?




“the State will guarantee to all the full

exercise of cultural rights and access

to national cultural fonts...”

Article 215, Brazilian Constitution 1988




“the State will promote and foster

scientific development, research and

technological capacity-building...”

Article 218, Brazilian Constitution 1988




the economic order (...) shall observe the

following principle:

“social function of property”

Article 170, paragraph III, Brazilian Constitution 1988



private interest

x

public interest


foster creativity ?

14 years 1710

life of author + 70 years 2007


foster creativity ?


author or publisher ?

who is the owner ?


author or publisher ?

Pedro Paranaguá

“Propriedade Intelectual”

(Intellectual Property)

Am I authorized to copy and/or distribute it,

for educational and non-commercial purposes ?

What about small parts ?


exceptions and limitations to copyrights

Brazil Law no. 9.610/98

no educational (classroom) exception !



Brazil Law no. 9.610/98

art. 46 – The following do not infringe copyrights:

II – the sole reproduction of small parts,

for the copier's private use, provided the

copy is made by the copier, without the

intent to profit



is it respected ?



what if a book is out of print ?



Germany

after 2 years out of print

authorised full copy



Brazil

Social Science USP 30% out of print

Business FGV-SP 45% out of print

P. Ortellado & J. Machado, “Direitos autorais e o acesso às publicacões científicas”,

Revista Adusp 37, Aug. 2006

does not need registration

automatic

copyright protection

what does it mean ?

serviette / napkin

+

beer

=

potential author

what is the problem creative commons is trying to solve?

• copyright automatically applies to creative, expressive works upon fixation

• pervasiveness of copyright in the digital

age

• emergence of the peer production and remix

cultures

the proposal . . .

©

Absolute Control

v. No Control

All rights

reserved

No rights

reserved

©

Absolute Control

v. No Control

No All rights

reserved

No rights

reserved

Some rightsreserved

Reasonable Copyright

the proposal

licenses allowing the world to copy and distribute a work provided that the

licensee credits the author/licensor

NonCommercial

No Derivatives

ShareAlike

Attribution - MandatoryAttribution - Mandatory

developing nations

sampling

• Nonprofit organisation

– Based in San Francisco, offices in Berlin & London

– International network of over 40 countries

• Offering legal and technical toolkits

– CC Licenses– Publishing tools– Find: partner with tech companies to develop tools for the general public to easily search for CC licensed content

Creative Commons Brasil

FGV DIREITO RIO Creative Commons

+

www.creativecommons.org.br

Answer five simple questions to choose a license:

Simple License Generator

License produced in 3 different formats

Searchability Relies on Metadata

by Dani Apanola

1 out of 295 pages indexed by Yahoo’s

140,000,000

but who uses it ?

enabling open educational resources & scolarly research

ScienceScience Commons

John Wilbanks (bioinformatics)

John Sulston (Nobel)

Michel Eisen (bioinformatics)

Paul David (economist)

Lawrence Lessig (Law Prof.)

James Boyle (Law Prof.)

MIT (artificial intelligence lab.)

ScienceScience Commons

free access and biomedic research

free access and educational

material

free access (cientists and

physicians)

free access to academic material

Brazil

Brazil

"Brasil Inovador"40 success cases

CAPES - Brazil

• + than 9,4449,444 national and international periodicals

• 163163 higher educational and research

institutions

• Science Direct (50% accesses)

• USP (23%), Unicamp (15%)

15 million articles downloaded / 2006

CNPqCNPq supports publication on open accessopen access vehicles

SupportSupport the beneficiaries of projects and scholarships granted by CNPq to publishpublish her/his work under the principles of open open accessaccess model, and to maitain her/his works on electronic repositories of public accesspublic access

CNPq will prioritarily support national

academic journals that adopt open accessopen access

models

Access to Knowledge (A2K)

FGV DIREITO RIO A2K

+

www.a2kbrasil.org.brwww.a2kbrasil.org.br

enabling open educational resources & scolarly research

it is possible ... and working !

Thank you !

Pedro Paranaguá

[email protected]

Hotel Village Eldorado – Atibaia, Brazil 08 May, 2007.

Documents

Transcript of Hotel Village Eldorado – Atibaia, Brazil 08 May, 2007.