Redesigning Copyright Law for Creativity and Sharing

Darius Whelan

November 2017

Lessig, A Copyright System for the 21st Century (2011)

https://youtu.be/a_Nt4i-u5fQ?t=15m35s

Art. I, Section 8, clause 8 of U.S. Constitution:

The Congress shall have power … to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

EU Charter of Fundamental Rights

Article 17

Right to property

1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2. Intellectual property shall be protected.

http://xkcd.com/488/

Lessig at eG8 Press Conference www.laquadrature.net/wiki/Eg8_societecivile

Declaration of Independence of Cyberspace (1996)

• John Perry Barlow

“Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather. We will create a civilisation of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before”

www.copyrightexceptions.eu

The ‘incidental inclusion’ exception

https://www.youtube.com/watch?v=AbV8KxvNQsk

https://creativecommons.org/about/videos/a-shared-culture/

Hargreaves report

Digital Opportunity: A Review of Intellectual Property and Growth, An Independent Report by Professor Ian Hargreaves (2011)

2014

Copyright Review Committee

Ireland

Consultation Paper 2012

Report 2013

RedesigningCopyright?

Support and Encourage Open Access / Creative Commons licences

Widen exceptions to copyright – fair use / fair dealing / content mining

In reform discussions, involve civil society and activist groups

Formalities for copyright may need to be re-introduced

Express provision for non-commercial re-use / remixing

Redesign the Berne Convention

@creativecommons

@communia_eu

@OpenRightsGroup

@c_commons_ie

@edri

@DRIalerts

@Senficon [Julia Reda MEP]