Copyright in Finland

IPR and Creative Commons Licenses Vesa Linja-aho 2012-03-19 @ Leppävaara19/3/12 Helsinki Metropolia University of Applied Sciences 1

About me Helsinki University of Technology 2003-2009  Lecturer (Circuit Theory and Electronics) and Researcher (Information Theory) Talentum Media 2009-2010  Journalist (Computerworld Finland) Metropolia UAS 2009-  Senior Lecturer in Automotive Electronics Interested in improving the quality of teaching and promoting possibilities of new technology and open educational resources.19/3/12 Helsinki Metropolia University of Applied Sciences 2

Intellectual property rights (IPR) Patent Design protection Trademark Copyright19/3/12 Helsinki Metropolia University of Applied Sciences 3

Why are these things difficult and important? It is rather easy to commit a crime accidentally or nearly accidentally.  Everyone knows that it is illegal to kill a person, burn someone’s house or steal a lollipop from grocery store. But do you know:  Is it legal to copy a textbook?  Is it legal to add a  photo  a diagram by someone else to your own bachelor’s thesis?  The criminal punishment is usually negligible compared to the compensations. In the internet age, it is amazingly easy to make copies of stuff.19/3/12 Helsinki Metropolia University of Applied Sciences 4

The legislation is rather new When I was kid,  Copying of computer programs at home was completely legal.  Downloading music was completely legal.  Only the guy who put it in the internet was criminal.19/3/12 Helsinki Metropolia University of Applied Sciences 5

Brief history In contrary to popular belief, the copyright law has nothing to do with the invention of the Gutenberg printing press.  Even in ancient Rome, copier slaves produced copies very efficiently.  First modern copyright law was set about 270 years after Gutenberg (Statute of Anne 1710)  The protection time was 14+14 years!19/3/12 Helsinki Metropolia University of Applied Sciences 6

There is virtually no propaganda for what you can dolegally. In the newspapers, you can read about expensive compensations for internet piracy. In school, the children will get leaflets and instructional comics by copyright industry.  Why not from weapons or fur industry? 19/3/12 Helsinki Metropolia University of Applied Sciences 7

Copyright legislation = balancing Author’s right to get money from his/her work. The industry’s right to make money. The other’s right to utilize the work. Bureaucracy (how hard it is to use someone’s work).19/3/12 Helsinki Metropolia University of Applied Sciences 8

Copyright: the creator’s rights The creator of the original work has exclusive right to  Produce new copies from the original work  Distribute the original work to the public In addition to the commercial rights, the creator has moral rights:  Attribution  Respect right  Access  Classic protection article19/3/12 Helsinki Metropolia University of Applied Sciences 9

Copyright: the user’s rights Showing a published work. For example: put a copy on your wall (not on Facebook wall).  Showing is different from presenting it (with a data projector, for example). Citing a published work Parody Referencing Private use19/3/12 Helsinki Metropolia University of Applied Sciences 10

Related Rights (Finnish: Lähioikeudet) Photograph Database Audio or video recording19/3/12 Helsinki Metropolia University of Applied Sciences 11

How to use immaterial stuff by others? Private use Special rights in teaching Citation Use work below threshold of originality Use work with expired copyright. Ask for a permission. In Finland, there is no fair use –concept, like in USA. Parody is also not mentioned in Finnish law, but it is included in EU copyright directive.19/3/12 Helsinki Metropolia University of Applied Sciences 12

Private use You can make private copies of published work.  But you can not redistibute them. For example: you can take a book from library, scan it and save it to your computer. Or photocopy it.  You can even use third party help to copy it.  But you are not allowed to upload it to public internet forum.19/3/12 Helsinki Metropolia University of Applied Sciences 13

Special rights in teaching Teaching = teaching in school or university. Not in private education company. Presetation of published work when teaching.  For example: teacher can show book with document camera and data projector.  Exception: theatre play and motion picture. Photocopying 20 pages or 50 % of a book or magazine and giving the copies to students.  This is from a contract between Ministry of Education and Culture and Kopiosto (copyright agency), not from law. Scanning same the amount and distributing it in intranet, if you have bought scanning license from Kopiosto.19/3/12 Helsinki Metropolia University of Applied Sciences 14

Unclear How do you define a ”motion picture”?  Commercial movies  Surveillance camera video?  10 sec, 30 sec, 10 minute video made with mobile phone video camera? Virtually no legal praxis (Copyright Council 1998:6). In practice, risk of getting sued for showing Youtube video on your lesson is minimal (in my opinion).  The law is from the age before Youtube (and so are politicians…).19/3/12 Helsinki Metropolia University of Applied Sciences 15

Citation You can cite a published work in the extent required for the purpose. (Copyright Act 22 ) Using a ”citation” to decorate your work or just for fun is not citation!19/3/12 Helsinki Metropolia University of Applied Sciences 16

Image Citation Copyright Act 25 You can make an image from published work of art and use it in text-associated context in critical or scientific purpose. For example, you can take photo of a statue in your essay concerning that statue. Using picture to decorate your essay or book is not citing.19/3/12 Helsinki Metropolia University of Applied Sciences 17

Use work below the threshold of originality If the piece of work is not original enough, it is not a subject of copyright. The number of hours used to make the work doesn’t make it copyrightable. The originality is what matters. Diagrams, graphs, circuit diagrams, technical illustrations are generally not subjects of copyright http://www.opettajantekijanoikeus.fi/2011/11/selittav at-piirroskuvat-ovat-vapaata-riistaa-yleensa/19/3/12 Helsinki Metropolia University of Applied Sciences 18

Is this a subject of copyright? http://www.scribd.com/doc/79088037/Elektroniikan- perusteet-harjoitustehtavia No. Not even as database (Copyright Council decision 2012:1).19/3/12 Helsinki Metropolia University of Applied Sciences 19

Is this a subject of copyright? ONE spot of green, watered by hidden streams, Makes summer in the desert where it gleams; And mortals, gazing on thy heavenly face, Forget the woes of earth, and share thy dreams! - Florence Van Leer (Earle) Nicholson Coates (1850–1927) Yes (it has been, but the copyright has expired)!19/3/12 Helsinki Metropolia University of Applied Sciences 20

Threshold of Originality If someone else could accomplish the similar output, the work is not copyrightable. The threshold of originality is lower in art than science.19/3/12 Helsinki Metropolia University of Applied Sciences 21

Use work with expired copyright Copyrightable original work: 70 years from the death of the author (died 1941 or earlier). Voice or video recording: 50 years from completing or publishing the recording (1961 or earlier). Ordinary photo: 50 years from making the photograph (1966, because of the transition time in the law) Database or catalog: 15 years publishing (1998) TV or radio transmission: 50 years from last transmission (1961).19/3/12 Helsinki Metropolia University of Applied Sciences 22

Ask for a permission http://www.posti.fi/postimuseo/images/lehdisto/hah moterapiaa/fingerporihahmo.jpg Me on 2012-01-18 9am: ”Can I use this picture as my profile picture in my Facebook group?” Pertti Jarla 2012-01-19 noon: ”Of course you can, thanks for asking!” https://www.facebook.com/pages/Vesa-opettaa- sinulle-s%C3%A4hk%C3%B6tekniikkaa-ja- elektroniikkaa/290845227630038 What is the problem with this approach?  Case: Phasor calculus book.19/3/12 Helsinki Metropolia University of Applied Sciences 23

Procedures I have seen Photocopy the book and sell it to students.  Illegal and expensive if caught!  Legal workarounds:  Find more inexpensive book.  Use open material.  Use same book on more courses.  Try to get the school library to buy multiple copies. Put the material on the course web page (was very expensive when caught).19/3/12 Helsinki Metropolia University of Applied Sciences 24

Procedures I have seen Photocopy the book once (to make copying faster for students), put the copy next to the photocopier and let students copy it with their card.  Illegal. The legal way: tear the covers off the book and put the pages next to photocopier.  Now student can put the pages in the document feeder easily and legally. The professor ”forgets” a memory stick with ebook in the front desk of the class.  It is legal to forget but illegal to ”forget”.19/3/12 Helsinki Metropolia University of Applied Sciences 25

Unclear situations The copyright holder is not traceable The work is distributed freely over internet and the author gives quiet acceptance for it. International situations: the Swedish author, Chinese student in Finland, servers in USA.  General rule: use the copyright legislation of the origin country of the piece of work (Berne Convention).19/3/12 Helsinki Metropolia University of Applied Sciences 26

What to do if I wanted to use this photo? Who tocontact?

Part Two: Open Licenses Openness is today’s hot topic. Anyone heard of:  Linux?  Firefox?  Wikipedia?19/3/12 Helsinki Metropolia University of Applied Sciences 28

Free or Open? Free = You do not have pay for it.  Free speech vs. free beer. Open = You can examine it, modify it and redistribute it – even commercially.19/3/12 Helsinki Metropolia University of Applied Sciences 29

Internet is changing the education, and it’shappening fast! Does the Internet do same to the education what it did to newspapers? https://6002x.mitx.mit.edu/ http://ocw.mit.edu/courses/electrical-engineering-and- computer-science/6-00sc-introduction-to-computer- science-and-programming-spring-2011/ http://mooc.cs.helsinki.fi/ http://www.ocwconsortium.org/ www.codecademy.com/ In Finland the change is slower:  Small language area  Education is funded from tax money (no direct market feedback).19/3/12 Helsinki Metropolia University of Applied Sciences 30

How to license your work with open license Open licenses for computer programs: Apache license, GPL, LGPL, MIT License, …  Can be used for documents and artwork too. More popular for documents and art: The Creative Commoncs –licenses: http://creativecommons.org/licenses/19/3/12 Helsinki Metropolia University of Applied Sciences 31

Why to use open license in your work? It’s fun to share! It’s free advertisement for you  I’ve got  two job offers  Several speech requests in a year, just for this: http://www.slideshare.net/linjaaho The more people use open license, the more we have free and open content! The others can improve your work and you can use the improved work. Why not? Some people say that closed products are of better quality, which sometimes is true, sometimes not.19/3/12 Helsinki Metropolia University of Applied Sciences 32

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License lets others distribute, remix, tweak, and buildupon your work, even commercially, as long as theycredit you for the original creation. This is the mostaccommodating of licenses offered. Recommended formaximum dissemination and use of licensed materials.19/3/12 Helsinki Metropolia University of Applied Sciences 34

 This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.19/3/12 Helsinki Metropolia University of Applied Sciences 35

This license allows for redistribution, commercial andnon-commercial, as long as it is passed alongunchanged and in whole, with credit to you.19/3/12 Helsinki Metropolia University of Applied Sciences 36

 This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non- commercial, they don’t have to license their derivative works on the same terms. What problems do you see with this license?19/3/12 Helsinki Metropolia University of Applied Sciences 37

Combinations of the previous mentioned.19/3/12 Helsinki Metropolia University of Applied Sciences 38

Where to find open content? http://linja-aho.blogspot.com/2011/04/avoin- oppimateriaali-mista-sita-saa-osa.html It’s in Finnish, but just click the links – the targets are in English .19/3/12 Helsinki Metropolia University of Applied Sciences 39

I would love to have your feedback or questions:firstname.surname@metropolia.fi

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Copyright in Finland

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