Copyleft through Open Educational Resources & Creative Commons

Copyleft through Open Educational Resources &
Creative Commons
2nd International Workshop on intellectual Property Rights & Innovation

Athens, February 26, 2010
by

Professor Dionysia Kallinikou

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

Marinos Papadopoulos

Attorney-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).

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 wellbeing 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.
+




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 threestep-test which is mainly found in article 28C of Greek
Copyright Law.




Copyleft (through exploitation licenses)
Copyright = “All-Rights-Reserved” status
Copyleft = “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.
perform only verbatim copies of your work, not
derivative works based upon it.
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
2nd International Workshop on intellectual Property Rights & Innovation

Athens, February 26, 2010
Thank you!
This presentation is available through the Bulletin Board of my site at the
URL www.marinos.com.gr



Copyleft through Open Educational Resources & Creative Commons

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