Alek Tarkowski at Creative Commons Ireland event

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Slides by Alek Tarkowski, European Policy Advisor, Creative Commons at 'Maximising Digital Creativity, Sharing and Innovation', National Gallery of Ireland, January 2014.
Event organised by Creative Commons Ireland and Faculty of Law, University College Cork.
http://www.creativecommonsireland.org

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Alek Tarkowski at Creative Commons Ireland event

  1. 1. Open All? Open Policies for User Rights and Freedoms Alek Tarkowski Creative Commons Poland
  2. 2. „Open All” • Open = Access to Content + User Rights • Is „open convergence” possible, towards a single standard of open?` • Access vs. (Re)use • Public vs. Private content: obligatory vs. voluntary norms
  3. 3. From grassroots activity to top-down policies •  Policies provide strong leverage for implementation of open standards •  Public character (funding) of content a strong argument for openness: the commons / public infrastructure •  Policies lack the element of personal, voluntary decision – but are an expression of a consensus as to the „management” of common resources
  4. 4. Open all: template • Repositories • Metadata • Author / publisher / intermediary compliance • Legal / licensing standards • Use / reuse practices (by users)
  5. 5. Licensing debate •  Strong open licensing is crucial for OER and other areas, where reuse is of key importance (open data) •  Public funding – strong argument for fully open licensing, despite content type •  Open Knowledge De"nition as a underlying / uni"ying mechanism for standards negotiation
  6. 6. Beyond the licensing debate: CC
  7. 7. Beyond the licensing debate: CC •  We are dedicated stewards of our licenses and tools […] But the CC vision—universal access to research and education and full participation in culture—will not be realized through licensing alone. •  CC licenses are not a substitute for users’ rights, and CC supports ongoing efforts to reform copyright law to strengthen users’ rights and expand the public domain.
  8. 8. EU: Beyond the licensing debate •  EU: 2013: Licences for Europe + Copyright consultation •  The example of Text and Data Mining (licensing vs. Open Access vs. copyright exception) •  Fear of using the existence of open licensing models as an excuse for lack of copyright reform •  (open licensing in the Directive on Collective Management of Copyright)
  9. 9. Poland
  10. 10. Poland: Open Textbooks •  Context for governmental open education programs: OER developments in Poland in last 5 years •  2008: Coalition for Open Education (KOED) •  Public OER projects („Polska szkoła”) •  Policy debate since 2010
  11. 11. Poland: Open Textbooks •  2012: Open Textbooks project •  Part of larger „Digital school” program •  CC BY + WCAG + open format •  No o$cial policy behind it but… •  Additional programs: •  Scholaris portal •  Purchase of rights to key literature for making it public •  … suggest that the OER model is being adopted
  12. 12. Open Public Resources Act •  General model from the „Open textbooks” project •  Complimentary to Public Sector Information rules -> together would form a general open norm for public content •  Inspiration drawn from AUSGOAL and NZGOAL frameworks •  2013: Bill proposal
  13. 13. Open Public Resources Act •  Beyond PSI access / reuse rules •  Public and publicly funded (50%?) •  Transfer of rights or co-ownership of rights to a work (instead of licensing, a major point of contention) •  Three tiers of openness + opt-out clause •  Embargo period
  14. 14. Open Public Resources Act •  Criticism: •  Focused solely on cultural works •  Portrayed as a wholesale taking away of all creators’ copyrights by the state; robbing of artists of their money •  Little controversy over education (previous debate on textbooks / science
  15. 15. Europe: Open all? •  OA: Framework Programs -> Horizon 20202 •  OER: „Opening Up Educaton” •  Open data: Reuse Directive •  But also … Copyright Directive review: exceptions & limitations
  16. 16. Opening Up Education •  Pragmatic approach instead of an ideological one? (with risk of ‘openwashing’) •  (which OA already knows this very well) •  Educators, students don’t necessarily care about openness – they care about a%ordability, e$ciency, ease of use, quality •  And therefore policymakers care about this too
  17. 17. CC’s OER policy project http://oerpolicy.eu Policy research: textbook production models, exceptions and limitations for education, mythbusting Policy event in European parliament: 18th February with MEP Róża Thun

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