Report on the Rio Summit

Andrés GuadamuzAHRC Research Centre for

Studies in Intellectual Property and Technology Law

Go to exciting places…

Pictures by Attila Kelényi, CC BY-NC

…meet exciting people…

…and throw them in the pool!

Survival kit

Brief reminder

• Baseline rights:– Authors retain their copyright.– The author must receive credit. – Licensees are granted the right to copy, distribute,

display, digitally perform and make verbatim copies of the work into another format.

– Licensees have to obtain permission to perform a restricted act.

– Work cannot use Technical Protection Measures. – Licences apply globally.– Licences are irrevocable.

CC licence elements

• Attribution.

AND

• Non-commercial: The work can be copied, displayed and distributed by the public, but only if these actions are for non-commercial purposes.

• No derivative works: This licence grants baseline rights, but it does not allow derivative works to be created from the original. OR

• Share-Alike: Derivative works can be created and distributed based on the original, but only if the same type of licence is used, which generates a “viral” licence.

Types of licence

BY Attribution

BY-NC Attribution - Non Commercial

BY-SA Attribution - Share Alike

BY-ND Attribution - No Derivatives

BY-NC-SA Attribution - Non Commercial - Share Alike

BY-NC-ND

Attribution - Non Commercial - No Derivatives

Jurisdictions

Parallel events?

• “Anyone who’s anyone is here…”• Culture, hackers, musicians, artists.• Journalists.• The Digerati (blogerati, technorati, coolerati).• NGOs.• Free Culture Kids.• Academics.• Lawyers and license geeks.

Restructure

Creative Commons

iCommonsInternational

Creative CommonsOpen Business

National Creative Commons?

National iCommons

Important policy questions

• Microsoft enters the Commons.

• Role of the movement at WIPO, particularly in the Broadcasting Treaty and the Development Agenda.

• Digital Rights Management.

• Open science: CC, the Science Commons and the open access movement.

Time for introspection

• Movement? International Organisation? NGO?• Is there an underlying philosophy in the

movement? If so, what is it? • CC is the leader of the open and non-profit

arena, it should make clear statements for the movement.

• Creative Commons is not the movement of the "lost leaders“. Boyle: having hours and hours of low-quality 50 seconds MP3s is NOT what the movement is all about, that would be a disaster, a failure.

Version 3.0

• No Endorsement clause. • Right to prepare derivative works/adaptations. • U.S. licence. • A true international Generic licence will have the language from

international treaties (Berne, WCT).• DRM debate: The new draft will have a longer anti-technical

protection measures clause to comply with Debian "free" requirements. Some people in the movement are particularly opposed to DRM (Doctorow and Love).

• Moral right of integrity: This is a contentious issue because the moral right is dealt with in four different ways in CC jurisdictions. Boyle has suggested that licences should just have a generic clause stating that "this licence does not affect your moral rights". Works for me.

The White Man’s Burden?

Thank you

a.guadamuz@ed.ac.uk