aa latam open con 2014
TRANSCRIPT
Open Access in Latinamerica
Carolina BoteroNovember, 2014
Washington
By, Juan Camilo Fonnegra, 2009
T e x t
N a n c y
h t t p : / / f l i c k r . c o m / p h o t o s / p u g n o _ m u l i e b r i t e r / 1 3 8 4 2 4 7 1 9 2 /
Not Fair Use,
Exceptions to (C)
Public Domain(50 to 100 years after dead)
+ >>El Salvador Paraguay Uruguay Panamá
Current research funding cycle does not maximize dissemination, economic efficiency, social impact
Government RFPs
announced, research grants
awarded
Scientific research
conducted and papers written
Articles submitted to journals and peer review
occurs
Acceptance in journals; authors
transfer copyright to publishers
Articles published in
mainly closed access journals
Libraries subscribe or public pays per
article fee to view on publisher's website
Public granted little or no reuse
rights beyond access to read
articles
Slow scientific progress, poor
return on public investment
(By Green, C. 2013, used under CC/excerpt from original)
Optimized research funding cycle maximizes public access, economic efficiency, social impact
Government RFPs announced, open
license requirements
included, research grants awarded
Scientific research
conducted and papers written
Acceptance in journals; public access policy
ensures deposit in open
repository
Articles published in traditional
journals under embargo
Public can download
articles from open access repository
Public granted full reuse rights under
open licenses
Accelerated scientific
progress, optimal return on public
investment
Articles submitted to journals and peer review
occurs
(By Green, C. 2013, used under CC/excerpt from original)
Open in Latinamerica
¡Check on them!
¡Check on them!
www.revistasabiertas.net
Building a methodology for the co-creation of OER with k12 teachers in Colombia
“Public Spending in Latin America: Does It Fulfill the Declaration of Paris’ Suggestions for Open Educational Resources?
http://karisma.org.co/?p=4417
So, what about OA policies in the region?
Open Access Laws
Open Access Laws
OER ProjectsOER Projects
OER ProjectsOER Projects
It is great, isn't it?
But...Let me show you what is
also happening
Concern 1.
New models for OA“support” in the region
Concern 1.
New models for OA“support” in the region
http://www1.folha.uol.com.br/ciencia/2014/10/1541286-capes-anuncia-projeto-de-internacionalizacao-de-revistas-cientificas-brasileiras.shtml
By: Elsevier, Emerald, Springer, Wiley and Taylor & Francis
Concern 2.
The use of criminal law as a deterrent for copyright
infringment
Concern 2.
The use of criminal law as a deterrent for copyright
infringment
2009
Horacio Potel (philosophy professor at a Public Argentinan University in Argentina) faced acussations of Copyright Infringment for uploading texts by Derrida on the Internet
“si bien el comportamiento desplegado por el encartado puede subsumirse sin dificultad dentro de una figura penal – defraudación por reproducción de obras publicadas sin autorización de su autor o derechohabientes – la misma, a su entender, no ha ocasionado un real agravio al bien jurídico protegido por la norma, toda vez que no toda afectación mínima es capaz de alcanzar esos extremos”.
2009
2014
http://www.karisma.org.co/compartirnoesdelito/ #CompartirNoEsDelito#SharingIsNotACrime
Copyright criminal infringment Has been an industry strategy against piracy
In Latin America this discussion has been triggered by trade legislations:
TRIPS: Criminal law as a deterrent for intentional actions at a commercial scale
US-Colombia FTA asks for deterrent sanctions but talks about “piracy” and “commercial scale”
Colombia 4 to 8 yearsPeru 4 to 8 years
Chile up to 2 yearsBrazil up to 4 =
Copyright criminal infringment Has been an industry strategy against piracy
In Latin America this discussion has been triggered by trade legislations:
TRIPS: Criminal law as a deterrent for intentional actions at a commercial scale
US-Colombia FTA asks for deterrent sanctions but talks about “piracy” and “commercial scale”
Colombia 4 to 8 yearsPeru 4 to 8 years
Chile up to 2 yearsBrazil up to 4 =
According with this international
Standard “sharing is not a crim
e”
So, how come there is a criminal case against Diego?
In our system for an action to be a criminal offense
It has to be defined in the Criminal Code.
“Antijurídica:” the action hurts the legal priciple that is been protected by the law (ie. In the case of homicide: life)
It has to be intention.
The lobby of the industries and the pressure to comply trade agreements had pushed for very broad criminal offenses descriptions and strong penalties.
Our copyright system (derecho de autor) stands over a very narrow list of exceptions (with no option for open clauses like fair use or fair dealing)
SO:
Theoretically, actions like Diego's or Potel's are potentially criminal offenses
– - If it is theory, then, there is a problem with a law that seems to give the idea, even to prosecutors and judges, that this is the case
– - If it is not theoretically, then, the law is not complying international standards.
Even if Diego does not spent 1 day to jail there are many costs for him, and important chilling effects for society
Where are we?
First instance Investigation Preliminary hearing Pre-trial Trial (pending)
What are we doing?
http://www.karisma.org.co/yocomparto/
http://www.karisma.org.co/compartirnoesdelito/
Arrow designed by Zlatko Najdenovski from the thenounproject.com
This presentation is licensed CC BYSA 4.0 except if otherwise expressed
Visit: co.creativecommons.org and karisma.org.coTwitter: @carobotero @cccol @karismacol