copyleft through open educational resources & creative commons

Copyleft through Open Educational Resources & Creative Commons

byProfessor Dionysia Kallinikou

Associate Professor of Law at National & Kapodistrian University of Athens, Law School&

Marinos PapadopoulosAttorney-at-Law J.D., M.Sc., Legal Lead Creative Commons Greece

&Alexandra Kaponi

Attorney-at-Law LL.M., Judge-Panellist of the EU Court for .eu domain names,Associate Legal Advisor to the National Telecommunications & Post Commission in Greece for .gr domain names

2nd International Workshop on intellectual Property Rights & Innovation

Athens, February 26, 2010

Digital Libraries enhanced with OER

It is common understanding that we’ve been in the transitional process of knowledge, science and culture furnished through Internet networking applications and IP networks leveraging on Digital Libraries and repositories enhanced with Open Educational Resources (OER).

2nd International Workshop on Intellectual Property Rights & Innovation, Athens, February 26, 2010.

Dionysia Kallinikou & Marinos Papadopoulos & Alexandra Kaponi | URL: www.marinos.com.gr

OER & Openness

It has been widely acknowledged that Openness, and OER, should offer the following three freedoms:1.The freedom to study a work and apply knowledge offered from it. 2.The freedom to redistribute copies, in whole or in part, of a work. 3.The freedom to make improvements or other changes, i.e. to make adaptations, to the content of a work, and, of course, the freedom to release modified copies of it.



A work of Open Knowledge

A work of Open Knowledge should be available:1.as a whole and at no more than a reasonable reproduction cost .{access}2.through a license that does not restrict any party from selling or giving away the work . {redistribution}3.through a license that allow for modifications and derivative works . {reuse}4.in such a form that there are no technological obstacles to the performance of the above activities. {no technological restrictions}5.with proper attribution note. {attribution}6.in such a way that there is no room for discrimination against any person, group of persons. {no discrimination}



OER & OPLI

The OER initiative has been a vehicle for building a culture of sharing.

OER leverages upon the Open Participatory Learning Infrastructure (OPLI) initiative for building a culture of learning and using knowledge for gaining a competitive advantage in the market.



OER & Science Gateways

Through web portals, members of a disciplinary collaboratory can reach all the colleagues, computational models, data and literature, and instrumentation they need to do their work.

A science gateway is a community-developed set of tools, applications, and data that is integrated via a portal or a suite of applications, usually in a graphical user interface, that is customized to meet the needs of the targeted community.



OER & Science Gateways

Science Gateways provide access not only to open content but also to open scientific instruments and mentored, authentic experience in a community of practice.

1.Permit distributed participatory learning, 2.Provide incentives for participation through the provisioning of OER, such as creating specific learning environments at all levels, 3.Encourage cross-boundary, cross-disciplinary and cross-cultural learning.



Copyleft—the routes of OER

The OER movement is routed in the free software experience.

Richard Stallman released pieces of his code under a license that allowed anyone to copy, distribute, and modify the software in whatever way they pleased. He required only that, if the person who modified the software then distributed it to others, he or she should do so under the exact same conditions that he had distributed his software.

The GNU General Public License (GNU GPL).



Free Software (O.S.S.)goes mainstream

By 2009 at least 53% of the world’s 2,000 largest companies have implemented, are piloting, or are expanding their use of free software—Open Source Software—applications. [Forrester Research Inc., ‘Open Source Software Goes Mainstream’ (Apr., 2009)]

By 2009, 77% of high-performance IT organizations are now piloting or committing to free software compared to just 37% of overall global businesses. [Accenture, ‘High Performance IT research 2008’ (2009)]



Copyright

Copyright reserves certain rights for the copyright holder. All others need to obtain permission from them to do any of the following: 1.Create derivative works from the original work, 2.Distribute originals or copies of a work, 3.Publicly display or perform a work.

These limitations cease once the copyright period is over.



The Public Domain

Is the wealth of information that is free from the barriers to access or reuse usually associated with copyright protection, either because it is free from any copyright protection or because the authors and right-holders have decided to remove these barriers.

Is essential to the social and economic well- being of our societies.

Is one of the prerequisites for ensuring that the principles of Article 27§1 of the Universal Declaration of Human Rights can be enjoyed.



The Public Domain

1. Works of authorship where the copyright protection has expired.

2. The essential commons of information that is not covered by copyright.

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Works that are voluntarily shared by their authors and right-holders by licensing them through the use of legal tools such as the Creative Commons licenses.

Works that fall within the exceptions and limitations and/or fair use, fair dealing of copyright.



Limitations on the Economic Right

Section Four of Greek Copyright Law 2121/1993 (articles 18 et al.):

1.reproduction for private use (art. 18), 2.reproduction for textbooks and anthologies (art. 20), 3.reproduction for teaching purposes (art. 21), 4.reproduction for libraries and archives (art. 22),

clauses for exception from the reproduction right (article 28B) and the three-step test (article 28C)



Article 21 of Law 2121/1993

“It shall be permissible, without the consent of the author and without payment, to reproduce articles lawfully published in a newspaper or periodical, short extracts of a work or parts of a short work or a lawfully published work of fine art work exclusively for teaching or examination purposes at an educational establishment, in such measure as is compatible with the aforementioned purpose, provided that the reproduction is effected in accordance with fair practice and does not conflict with the normal exploitation. The reproduction must be accompanied by an indication of the source and of the names of the author and the publisher, provided that the said names appear on the source.”




Are in sync with international treaties on Copyright (e.g. art. 10§§2,3 of the Berne Convention for the Protection of Literary and Artistic Works {Paris Act of July 24, 1971 as amended on September 28, 1979}) and EU Directives (e.g. art. 5§3(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001).

The provisions of art. 21 are set in Law with the aim to serve the teaching and examination needs in the educational process. If said limitation in the reproduction right is exercised with the aim to serve other purposes, then this reproduction deviates from the scope of art. 21, and thus is not legal.




Any distant learning applications implemented through the Internet is excluded from the scope of art. 21 of Law 2121/1993.

Do not allow the reproduction of the whole work, but rather only of short extracts of a work or parts of a short work.

Do not cover the reproduction of software for educational purposes.

Are subject to the provisions of the rule of the three- step-test which is mainly found in article 28C of Greek Copyright Law.



Copyleft (through exploitation licenses)

Copyright = “All-Rights-Reserved” statusCopyleft = “Some-Rights-Reserved” status

Article 13§2 of Law 2121/1993: “The author of the work may authorize another person to exercise economic rights (exploitation licenses).”



Creative Commons licenses’ traits

Are non-exclusive exploitation licenses.

Are based on the legal protection that copyright affords, but grant more rights to users.

Are the most popular set of licenses for the implementation of Openness .

Are the most widely used licensing option for the implementation of OER.



The 6 Creative Commons licenses

Attribution

Attribution + Share-Alike

Attribution + No-Derivatives

Attribution + Non-Commercial

Attribution + Non-Commercial + No-Derivatives

Attribution + Non-Commercial + Share-Alike



The 4 Creative Commons License Elements (Conditions)

Attribution

Share-Alike

No-Derivatives

Non-Commercial



The 4 Creative Commons License Elements (Conditions)

You let others copy, distribute, display, and perform your copyrighted work—and derivative works based upon it—but only if they give credit the way you request.

You allow others to distribute derivative works only under a license identical to the license that governs your work.

You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.

You let others copy, distribute, display, and perform your work—and derivative works based upon it—but for noncommercial purposes only.



Positive Externality

A self-interested decision of the authors and right-holders to adopt the Creative Commons licensing model spills over to parties other than those who explicitly engage in their decision, namely other members of the academic community of AIT and the general public at large.

Positive externality regarding reputation and other intangible values as corporate and marketable assets is produced.



Public Policy for Openness

The Creative Commons licensing model should become the backbone of public policy regarding public academic institutions and copyrighted works produced by public entities and Governmental bodies.

Positive externality regarding reputation and other intangible values as corporate and marketable assets is produced.



Creative Commoners

Let’s watch this video (3:24 min)



Copyleft through Open Educational Resources & Creative Commons

Thank you!

This presentation is available through the Bulletin Board of my site at the URL www.marinos.com.gr

2nd International Workshop on intellectual Property Rights & Innovation

Athens, February 26, 2010


copyleft through open educational resources & creative commons

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