Transcript Talk ENCES-Workshop 1108 BErlin

Univers. of
Konstanz
1
European Workshop
Copyright Regulation in Europe –
An Enabling or Disabling Factor for
Science Communication
Copyright and science
Demands and objectives
Rainer Kuhlen
Department of Computer and
Information Science
www.kuhlen.name
This document will be published under the following CreativeCommons-License:
http://creativecommons.org/licenses/by-nc-sa/2.0/de//
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Who owns knowledge?
Who owns information?
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Who owns knowledge
„Everyone says that the ownership and control of information is
one of the most important forms of power in contemporary society …
. It is intellectual property, not the regulation of cyber-smut, that
provides the key to the distribution of wealth, power and access in the
information society.
The intellectual property regime could make - or break - the
educational, political, scientific and cultural promise of the Net.”
J. Boyle: A politics of intellectual property: Environmentalism for the net?
(http://www.law.duke.edu/boylesite/intprop.htm )
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Who owns knowledge
Brief Thomas Jefferson an Isaac McPherson, Monticello
13.8.1813:
„If nature has made any one thing less susceptible than all others
of exclusive property, it is the action of the thinking power called
an idea, which an individual may exclusively possess as long as he
keeps it to himself; but the moment it is divulged, it forces itself into
the possession of every one, and the receiver cannot dispossess
himself of it. Its peculiar character, too, is that no one possesses the
less, because every other possesses the whole of it.
He who receives an idea from me, receives instruction himself
without lessening mine; as he who lights his taper at mine,
receives light without darkening me.”
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Who owns knowledge
Universal Declaration of Human Rights
Article 19
Everyone has the right to freedom of opinion and expression; this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media
and regardless of frontiers.
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Who owns knowledge
Charter of Fundamental Rights of the European Union
ARTICLE 11
FREEDOM OF EXPRESSION AND INFORMATION
1.Everyone has the right to freedom of expression. This right shall
include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and
regardless of frontiers. 2.The freedom and pluralism of the media
shall be respected.
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Who owns knowledge – the purpose of copyright
„Copyright protection shall extend to expressions and not to
ideas, procedures, methods of operation or mathematical
concepts as such”
TRIPS - Agreement on Trade-Related Aspects of Intellectual
Property Rights Sect. 1 Art. 9 Abs. 2
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Who owns knowledge – the purpose of copyright
Who owns knowledge?
10. We recognise that access to information and sharing
and creation of knowledge contributes significantly to
strengthening economic, social and cultural
development, thus helping all countries to reach the
internationally-agreed development goals and objectives,
including the Millennium Development Goals.
Tunis Commitment Document WSIS-05/TUNIS/DOC/7 -E
15.11.2005
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Who owns knowledge?
thus
This will lead us at the end to the concept
of knowledge as a commons and to the
concept of common property rights and
licence rights for private use
Knowledge is owned by anybody or everyone, respectively
but
Knowledge can only accessed when mediately represented
How?
Knowledge is represented in information products
therefore
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Who owns knowledge?
therefore
use of knowledge is only possible through access to
information
making knowledge, theoretically abundantly available, a scare
resource, too – because of lack of or restriction to access to
information
rather than
allowing knowledge and information being a means for individual
and societal development
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Potentials and opportunities
for development
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Knowledge and information are potentials for development
economic
social
political
individual
cultural
balances
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Knowledge and information are potentials for development
economic
social
political
cultural
individual
balances
98. To strengthen the enjoyment of economic,
social and cultural
rights, additional approaches should be examined, such as a system of indicators
to measure progress in the realization of the rights set forth in the International
Covenant on Economic, Social and Cultural Rights. There must be a concerted effort
to ensure recognition of economic, social and cultural rights at the national, regional
and international levels.
VIENNA DECLARATION AND PROGRAMME OF ACTION
WORLD CONFERENCE ON HUMAN RIGHTS
Vienna, 14-25 June 1993
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Knowledge and information are potentials for development - but
but in reality
balances for development have been drastically shifted
towards the economic interest in exploitation
economic
social
political
individual
cultural
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Commercialization
interest of the copyright
industries
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Commercialization of knowledge – copyright industries
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Commercialization of knowledge – copyright industries
The core industries are those industries whose primary purpose is to
create, produce, distribute or exhibit copyright materials. These
industries include newspapers, books and periodicals, motion pictures,
recorded music, music publishing, radio and television broadcasting, and
business and entertainment software.
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Commercialization of knowledge – copyright industries
USA market approx 40% of the world copyright market (33% print; 40%
optical; 50% magnetic/digital)
$ 2047.65 billion word-wide
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Commercialization of knowledge – copyright industries
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Commercialization of knowledge – copyright industries
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copyright industries – protected by national IPR laws and
international laws and treaties
assumption
strong copyright (IPR)
necessary as incentives
for creative work
strong copyright (IPR)
necessary as incentives
and protection for
innovation in industry
strong copyright (IPR) a
competitive advantage for
home/national economies
consequences
true or
false?
true or
false?
true or
false?
in science:
interest in moral rights
not in exploitation rights
obsolete business
models
obsolete (19th century)
market models – not
appropriate in global
markets
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copyright industries – protected by national IPR laws and
international laws and treaties
assumption
strong copyright (IPR) necessary as
incentives for creative work
strong copyright (IPR) necessary as
incentives and protection for
innovation in industry
strong copyright (IPR) a competitive
advantage for home/national
economies
protection by law for
technical protection
tools
consequences
one copyright for all
kinds of creative work
permanent strengthening of
copyright protection – primacy
of commercial exploitation
use of (publicly in science and
education produced) knowledge
and information only as
exceptions of exclusive
exploitation rights - not as a
common right
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Commercialization of knowledge – Scientific publishing
also true for
information/
publishing
markets
Scientific publishing in transition
Mark Ware Consulting Ltd. Publishing and Elearning
Consultancy:
International Association of Scientific, Technical and
Medical Publishers (STM)
The global market for English-language STM (scientific,
technical and medical) journals is about $5 billion. The
industry employs 90,000 people globally, of which 40%, or
36,000 are employed in the EU. Another 20–30,000 full time
employees are indirectly supported
there are about 2000 publishers, made up of learned
societies, university presses and commercial publishers
(though, to blur the picture somewhat, many society journals
are published by commercial publishers). Their respective
shares of article output are about 30%, 2% and 64% .
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Commercialization of knowledge – Scientific publishing
The publishing of scientific books and journals...
is an activity dominated
by a handful of multinational publishers,
who in reality can dictate
to libraries the terms for
using the material they
publish. These terms
frequently override
exceptions and user
privileges granted by law,
e.g. reproductions for
private or personal use.
(EBLIDA)
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Commercialization of knowledge – Scientific publishing
Knowledge markets: Science Direct – Elsevier et al.
Primary target groups no longer
intermediaries (libraries) but end-user (retail
markets)
“Unmediated Document Delivery”
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Commercialization of knowledge – Scientific publishing
Knowledge markets: Science Direct – Elsevier et al.
“Unmediated Document
Delivery”
Primary target groups no longer
intermediaries (libraries) but end-user (retail
markets)
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Commercialization of knowledge – Scientific publishing
Knowledge markets: CrossRef
“Unmediated Document
Delivery”
Primary target groups no longer
intermediaries (libraries) but end-user (retail
markets)
28 28
International
regulation
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International regulation and enforcement
„has caused a
subtle reorientation
of copyright away
Berne Convention for the Protection of Literary and
from the author
artistic works (Paris Text 1971)
towards a tradeoriented
Agreement on Trade-Related Aspects of Intellectual Property
perspective“
Rights (WTO-TRIPS-Treaty) – 1994
WIPO Copyright Treaty (WCT) - 1996
WIPO Performances and Phonograms Treaty (WPPT) - 1996
Digital Millennium Copyright Act - USA 1998
1996
Pérez de Cuéllar
UNESCO-Bericht
Our Creative
Diversity
EU -European Copyright Directive (“the Directive”) 2001
First Adaptation of the European Copyright Directive in
Germany 2003 – second adaptation 2008; third adaptation
(particularly with respect to science and education) agreed on in
parliament, but still delayed.
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International regulation and enforcement
Berne Convention for the Protection of Literary and
artistic works (Paris Text 1971)
Article 9
(1) Authors of literary and artistic works protected by this
Convention shall have the exclusive right of authorizing the
reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the countries of the Union to
permit the reproduction of such works in certain special cases,
provided that such reproduction does not conflict with a normal
exploitation of the work and does not unreasonably prejudice the
legitimate interests of the author.
(3) Any sound or visual recording shall be considered as a
reproduction for the purposes of this Convention.
....
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International regulation and enforcement
Agreement on Trade-Related Aspects of Intellectual Property
Rights (WTO-TRIPS-Treaty) – 1994
The TRIPS Agreement is Annex 1C of the Marrakesh Agreement
Establishing the World Trade Organization, signed in Marrakesh,
Morocco on 15 April 1994.
http://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm
Article13
Limitations and Exceptions
Members shall confine limitations or exceptions to exclusive rights
to certain special cases which do not conflict with a normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the right holder.
....
threestep test
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International regulation and enforcement
WIPO Copyright Treaty (WCT) - 1996
WIPO Performances and Phonograms Treaty (WPPT) - 1996
Digital Millennium Copyright Act - USA 1998
EU -European Copyright Directive (“the Directive”) 2001
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International
enforcement
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International enforcement
Extension of IPR in time
Extension of IPR to living objects and other objects in nature
Extension of IPR to software (still controversial, at least in
the EU)
Introduction of some sui-generis-regulation, such as for data
bases (as in the EU)
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International enforcement
Lowering the level of originality for IPR
Extension of IPR to business models
Extension of publication rights
Extension of technical protection of IPR (Digital Rights
Management) and legal protection of technical measures
Reducing copyright exceptions (science, private copies,...)
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International enforcement
Extension of IPR in time
Bono: an American
record producer, singer,
actor, and politician
Sonny Bono) Copyright Term Extension Act 1998 - also:
"The Mickey Mouse Protection Act"
Bono, respectively Mary Bono, his widow, wanted copyright to
last forever – but this (“forever”) was considered a violation of
the Constitution – “limited time”
Proposal Jack Valenti (Motion Picture Association of America):
"forever less one day"
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International enforcement
Extension of IPR in time - +20 years
Before:
single author´s copyright 50 years after his death
corporations´ copyright 75 years after invention
Then:
single author´s copyright 70 years after his death (Mickey
mouse – invented 1928 – to be expired 2003)
corporations´ copyright 95 years after invention (Mickey
mouse extended till 2023)
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International enforcement
The enforcement of copyright regulations (in Europe and
North America in the last 20 years),
which heavily supports the commercial exploitation of
knowledge and information (not necessarliy creators´ rights),
makes it more and more difficult to freely access the
world-wide information resources in principle available on
the world-wide information markets.
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EU-Directive 2001
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EU-Directives, Recommendations, Green Papers, … on
Copyright
Brüssel, den 22. Mai 2001
PE-CONS 3622/01
Brussels, 30.11.2007
SEC(2007) 1556
Brussels, COM(2008) 465/3
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EU-Directive 2001
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EU-Directive 2001
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EU-Directive 2001
(1) The Treaty provides for the establishment of an internal market and the
institution of a system ensuring that competition in the internal market is not
distorted. Harmonisation of the laws of the Member States on copyright and
related rights.
(3) The proposed harmonisation will help to implement the four freedoms of
the internal market and relates to compliance with the fundamental principles
of law and especially of property, including intellectual property, and freedom
of expression and the public interest.
 The free movement of goods;
 The free movement of persons (and
citizenship), including free movement of
workers, and freedom of establishment;
 The free movement of services;
 The free movement of capital.
A fifth freedom:
Movement of
knowledge??
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EU-Directive 2001
(4) A harmonised legal framework on copyright and related rights, through
increased legal certainty and while providing for a high level of protection of
intellectual property, will foster substantial investment in creativity and
innovation, including network infrastructure, and lead in turn to growth and
increased competitiveness of European industry, both in the area of
content provision and information technology and more generally across a
wide range of industrial and cultural sectors. This will safeguard
employment and encourage new job creation.
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EU-Directive 2001 - Exceptions
(31) A fair balance of rights and interests between the different categories
of rightholders, as well as between the different categories of rightholders and
users of protected subject-matter must be safeguarded.
The existing exceptions and limitations to the rights as set out by the
Member States have to be reassessed in the light of the new electronic
environment. Existing differences in the exceptions and limitations to certain
restricted acts have direct negative effects on the functioning of the internal
market of copyright and related Rights … In order to ensure the proper
functioning of the internal market, such exceptions and limitations should
be defined more harmoniously. …
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EU-Directive 2001 - exhaustive enumeration of exceptions
(32) This Directive provides for an exhaustive enumeration of exceptions
and limitations to the reproduction right and the right of communication to the
public.
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EU-Directive 2001 exceptions für educational and scientific
purposes
(34) Member States should be given the option of providing for certain
exceptions or limitations for cases such as educational and scientific
purposes, for the benefit of public institutions such as libraries and
archives, for purposes of news reporting, for quotations, for use by people
with disabilities, for public security uses and for uses in administrative and
judicial proceedings.
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EU-Directive 2001 exceptions for libraries – only special cases
(40) Member States may provide for an exception or limitation for the benefit
of certain non-profit making establishments, such as publicly accessible
libraries and equivalent institutions, as well as archives. However, this should
be limited to certain special cases covered by the reproduction right. Such an
exception or limitation should not cover uses made in the context of on-line
delivery of protected works or other subject-matter. …
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EU-Directive 2001 – non-commercial activities
(42) When applying the exception or limitation for noncommercial educational
and scientific research purposes, including distance learning, the non-
commercial nature of the activity in question should be determined by that
activity as such. The organisational structure and the means of funding of the
establishment concerned are not the decisive factors in this respect.
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EU-Directive 2001 protection of technological measures
(47) Technological development will allow rightholders to make use of
technological measures designed to prevent or restrict acts not authorised
by the rightholders of any copyright, rights related to copyright or the sui
generis right in databases. … In order to avoid fragmented legal approaches
that could potentially hinder the functioning of the internal market, there is a
need to provide for harmonised legal protection against circumvention
of effective technological measures and against provision of devices and
products or services to this effect.
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EU-Directive 2001 protection of technological measures
(47) Technological development will allow rightholders to make use of
technological measures designed to prevent or restrict acts not authorised
by the rightholders of any copyright, rights related to copyright or the sui
generis right in databases. … In order to avoid fragmented legal approaches
that could potentially hinder the functioning of the internal market, there is a
need to provide for harmonised legal protection against circumvention
of effective technological measures and against provision of devices and
products or services to this effect.
52
The EU-Directive 2001
Article 2 Reproduction right
Article 3 Right of communication to the public of works and right
of making available to the public other subject-matter
Article 4 Distribution right
Article 5 Exceptions and limitations
Article 6 Obligations as to technological measures
Article 7 Obligations concerning rights-management information
53
The EU-Directive 2001 - Exceptions and limitations
exceptions or limitations to the reproduction right
(c) in respect of specific acts of reproduction made by publicly accessible
libraries, educational establishments or museums, or by archives, which
are not for direct or indirect economic or commercial advantage;
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The EU-Directive 2001 - Exceptions and limitations
exceptions or limitations to the right of communication to the public (a-o)
(a) use for the sole purpose of illustration for teaching or scientific
research, as long as the source, including the author's name, is indicated,
unless this turns out to be impossible and to the extent justified by the noncommercial purpose to be achieved;
(n) use by communication or making available, for the purpose of research
or private study, to individual members of the public by dedicated
terminals on the premises of establishments referred to in paragraph 2(c)
of works and other subject-matter not subject to purchase or licensing terms
which are contained in their collections;
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The EU-Directive 2001 – 5 major problems
(1) Contrary to the main objective (harmonisation of copyright in the EU
countries) there is only one obligatory exception - for the benefit of
people with a disability.
“It is strange that the
(2) The list of (non-mandatory) exceptions is
legislator could regard
exclusive.
an exclusive list as
adequate in the light of
the evolving Internet
(3) Technical protection measures (may) override
technologies. “
legal exceptions, even for the use in science
(EBLIDA)
(4) Priority of contractual arrangements (licence
rights) (may) eliminate the benefits of otherwise
legally binding exceptions.
(5) There is no general privilege for science,
education, libaries and other public
intermediaries
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External effects of the
commercialization of
knowledge and information
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Commercialization of knowledge and information
The increasing commercialization of knowledge and
information in education and science has a negative
effect on access to information and on the
availability of knowledge, which is indispensable for
education and growth of science and, consequently, for
innovation in economy.
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Commercialization of knowledge and information
Education and science traditionally do not dispose of powerful enough
institutional means to establish a counterweight against the professional
lobby in the publishing and ICT industry in general.
Therefore the influence of education and science on copyright
regulations and laws has been unacceptably low.
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Commercialization of knowledge and information
IPR no longer a means of innovation or of protection of
individal rights, but a means of exploitation and of
impediment for development
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Copyright initiative in favour of
science and education in Germany
Aktionsbündnis
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Coalition for Action
Copyright for Education and Science
to change this unsatisfatory in Germany, a Coalition for a fair
and just copyright in education and science was founded, and
the German Chair in Communication, together with other
scientists, has formulated the so-called Declaration of
Goettingen (named by the City where this declaration was
agreed on).
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Coalition for Action
Copyright for Education and Science
Since this Declaration was published, it was signed by all
major Science Organizations (for instance the Council of
Science, the Max-Planck-Society, and the joint Conferences
for Science and Culture),
almost 7000 individuals, by
approx. 360 domain-specific scientific societies
and other institutions such as libraries, universities and
research centers.
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Coalition for Action
Copyright for Education and Science
But success was rather limited
because of the EU copyright directive and the holy cow of
international copyright – the threestep test
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Reports on EU-Copyright
FINAL REPORT March 06, 2008
February 2007
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Problems for science and
education caused by strong
copyright regulation
The example of copyright
(Urheberrecht in Germany)
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The critical norms – exceptions for science, education,
document delivery/librariesion and
Tendency: many limitations for originally useflul exceptions
disabling?
enabling?
www.gristede.de/assets/images/a_Schranke.jpg
http://commons.wikimedia.org/wiki/Image:Moderne_Schranke.jpg
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The critical norms – exceptions for science, education,
document delivery/librariesion and
Tendency: many limitations for originally useful
exceptions
§ 52a exception for education and science
§ 52b use of electronic material in libraries, archives and museums
§ 53a Document delivery
§ 95b protection of technical protection measures (digital rights management
§ 31a use of unknown new publication forms
Technical measures may remove the
availability and validity of exceptions –
„they are themselvers immune from
practicable legal challenge“ (EBLIDA)
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Exceptions for science, education
Only small parts of
works
Only for use in
classroom
Time limit end of 2006, then
2008, now 2012
A reasonable fee needs to be paid to collecting
societies in any case
For the use of
defined research
groups
Only for registered
students in classes
without any direct or
indirect commercial
interest
Use of copyrighted material
in schools only with
special permission of
rightsholders
Use of moovie/video
material only 2 years after
public performance
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Exceptions for the reproduction/display of library objects
not allowed for
educational institutions
in general
only from dedicated
terminals in the library
without any direct or
indirect commercial
interest
A reasonable fee needs to
be paid to collecting
societies in any case
no campus-wide access to the elecronic
library service (even if protected via
password) let alone remotely from
anywhere (home)
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Exceptions for document delivery
on individual order only
amall parts only
delivery via classic
postal service or fax
electronic delivery as
graphic file (facsimile
reprint) only
Electronic delivery (of any kind) is not permitted
if there is a comparable commercial retail (enduser) service available on the information
markets (such as Elsevier´s Science Direct) –
these services must be clearly visible to the
public (or to intermediaries) and the price for a
single article must be reasonable/appropriate
(angemessen)
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Examples for consequences of
restricted exceptions
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Consequences of restricted exceptions – 1 –
Result
Research
center
password
-protected
eReader
for a
summer school
allowed
because of §
52a
with copyrigtprotected
objects
forbidden
because of §
53a
Compromise:
mixed reader – some
copyright-free electronic
documents, the majority
paper copies
library
Coalition
(Aktionsbündnis)
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Consequences of restricted exceptions – 2 –
review of an
application for a
research project
Scientist
need of inspection of
12 references
3 in the
univ. lib.
4 free
via
Internet
5 via
special
order
subito
only hard copies
In the average 3 weeks
delivery
with many references
result
etexts form commercial
supplier
insight of 7
documents only
?
Price range between 38 €
and 64 €
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Consequences of restricted exceptions – 3 –
Universit
lecturerer
passwordprotected
But right of
communication
to the public is
not mentioned
in § 51
e-transparencies
for students
?
may be allowed
when properly
referenced (right of
quotation § 51)
partly with
copyrightprotected
objects
momentarily
allowed because
of § 52a UrhG (but
time-limited)
Not allowed in
case of
abolition of §
53a
is communication
to the public –
making publicly
available (§ 19a)
probably not
allowed (???)
MPI-Geistiges
Eigentum
76
Influence of EU copyright directives on national legislation
Success of the German Coalition “Copyight for Science and
Education” was rather limited
because of the EU copyright directives
and the holy cow of international copyright –
the threestep test
use without permission of right holders only in special cases as exception
no dammage of normal commercial exploitation
no dammage of authors/creators rights
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Conclusion
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conclusion
Main contradiction in
contemporary societies
Knowledge and Information as public
goods (as commons) could be totally
freely accessible and usable for
everyone as it never has been in the
history of mankind
In reality access to knowledge and information
(as private goods) has been so complicated and
restricted, has never been subject to filtering,
blocking and control and has never been
distributed unequally as
79
conclusion
Paradigm shift need
As long as free access and free use are
considered annoying exceptions from the
exclusive right to exploit knowledge and
information, there will be no free and
open knowledge societies
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Conclusion - a new threestep test for k § i?
The holy cow of the threestep test
Paradigm shift need
Knowledge societies should
reformulate the old three-step-test –
the iron rule of commercialized
information societies
u free use of k& i only as an
exception
u free use of k & i must not hamper
normal commercial exploitation
u free use of k & i must not hamper
unreasonably creators´rights
 Commercially exploiting use of k & i
only as an exception
 Commercially exploiting use of k & i
must not hamper free use of k & i
 Free use of k & i must not hamper
unreasonably creators´rights
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ENCES Initiative
European Network for
Copyright in support of
Education and Science
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ENCES Initiative - European Network for Copyright in
support of Education and Science
There is currently no organized group representing European
interest in a science- and education-friendly copyright. This
needs to be changed.
One way to do so is by developing an EU-wide network of
organizations and individuals in science and education who
share the view that the primary objective of copyright is to promote
the progress of science, education, and culture as public goods.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
According to existing copyright regimes, the goals of copyright are to
be achieved by ensuring some, but not all rights to the producers
and private exploiters of knowledge.
The private appropriation of knowledge, in particular in science,
education and culture, has never been considered a means in
itself but is only justified when it serves fundamental rights,
enshrined not least in the Charter of the EU, such as freedom of
expression (art 15), freedom to receive and impart information
and ideas, and the right to education (art 16).
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ENCES Initiative - European Network for Copyright in
support of Education and Science
These rights should not be considered as mere limitations on or
exceptions to exclusive exploitation rights but as genuine parts of
copyright regulation.
Access to knowledge is a fundamental right in open information
societies and a fortiori for science and education, where it is
indispensable.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
In the past years, copyright regulation, world-wide and in the EU,
seems to have forgotten its primary goals and has pursued a
strategy of protecting private commercial interests for the exploitation
of knowledge, even when this knowledge is produced in the public
domain.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
Commercial information markets are acceptable if science and
education can rely on innovative information products, on a
reasonable price policy, and on fair access chances.
But they are not, when access to published knowledge, particularly in
scientific journals, is made scarce by an aggressive price policy and
by intensively using technical protection measures (which are also
protected by copyright law).
Economists are already speaking of market failure, in particular in
the field of scientific publication dominated by some major
international publishing companies.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
One might even ask whether copyright is still an appropriate
means for achieving public goals in education and science.
Open access, an initiative from science itself, is on its way to
becoming the dominant scientific publishing model, making possible
free access to knowledge for all.
But one still has to take into account commercial publication markets,
also in science and education (increasingly in e-learning), which
promiss to hold their own in the foreseeable future. And these
markets are strongly influenced by copyright regulation.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
The success of national coordinated initiatives is very limited.
Copyright is a concern and in the responsibility of the respective
national legislative power of the states in the EU, but is highly
dependent on directives from the EU.
In order to achieve an education- and science-friendly copyright,
science and education need to be present on the European level
(and in the future, also in international arenas, such as WTO and
WIPO).
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ENCES Initiative - European Network for Copyright in
support of Education and Science
The main purpose of ENCES (European Network for Copyright in
favor of Education and Science):
to provide a platform for organizations and individuals who work
towards improving the European and respective members´ national
copyright legislation.
ENCES will serve not only as a means for lobbying work at the EU
level and for supporting comparable national efforts in EU member
countries but also as a forum for the development of a new and
sustainable copyright understanding which both goes back to its
roots and takes into account the free potentials of electronic
environments for the production, distribution and usage of knowledge
and information.
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90
ENCES Initiative - European Network for Copyright in
support of Education and Science
ENCES intends to pursue a threefold strategy :
a. ENCES will make concrete proposals in the public interest of
science and education for the evaluation and the improvement
of the EU directives related to copyright. These proposals
should also have effects on legislation at the different national
levels.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
ENCES intends to pursue a threefold strategy :
b. What is really needed is a fundamental change, a paradigm
shift in the way all aspects of the production, dissemination, and
usage of knowledge and information are organized in the
information society, taking into account the value-building
potential of information and communication technology.
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ENCES Initiative - European Network for Copyright in
support of Education and Science
ENCES intends to pursue a threefold strategy :
c.
To encourage the information economy to develop new
business models as part of a commons-based economy
where access to knowledge and information itself is free
(freeconomics) but where a reasonable return of investment can
be achieved for example by value-addding products and
services.
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Urheberrecht - geistiges Eigentum – Recht und Pflicht
Jedes neue Werk beruht auf dem Wissen der Vergangenheit, das die
Allgemeinheit dem Schöpfer eines neuen Werks bereitgestellt hat.
public domain
Neues Werk
private domain
Information Engineering - Department of Computer and Information Science at the University of
Constance - Kurs: a2k40i – Wem gehört Wissen SS 2007 – Seite 96
Urheberrecht - geistiges Eigentum – Recht und Pflicht
Das Recht des Schöpfers wird theoretisch
durch den Eigentumsbegriff begründet.
Ist der Eigentumsbegriff als
IP universal gültig?
The World Intellectual Property Organization (WIPO) has
proclaimed the universal value of IP and has shown that
IP is native to all peoples, relevant in all times and
cultures, and that it has marked the world’s evolution and
historically contributed to the progress of societies.
Intellectual property is the heritage of us all.
http://www.wipo.int/about-wipo/en/dgo/wipo_pub_888/pdf/wipo_pub_888_chapter_1.pdf
Information Engineering - Department of Computer and Information Science at the University of
Constance - Kurs: a2k40i – Wem gehört Wissen SS 2007 – Seite 97
Urheberrecht - geistiges Eigentum – Geschichte - TRIPs
TRIPS
Information Engineering - Department of Computer and Information Science at the University of
Constance - Kurs: a2k40i – Wem gehört Wissen SS 2007 – Seite 98
Urheberrecht - geistiges Eigentum – Geschichte - TRIPs
TRIPS
Information Engineering - Department of Computer and Information Science at the University of
Constance - Kurs: a2k40i – Wem gehört Wissen SS 2007 – Seite 99
Urheberrecht - geistiges Eigentum – Geschichte – WIPO WCT
Information Engineering - Department of Computer and Information Science at the University of
Constance - Kurs: a2k40i – Wem gehört Wissen SS 2007 – Seite 100