This document summarizes how collaborative works and public licenses enable ongoing creative works. It discusses how collaborative projects like Wikipedia and Debian involve many contributors over long periods of time. To maintain access to such works, participants agree to license contributions under public licenses that allow copying, modifying, and sharing derivatives, as long as proper attribution is given. The Creative Commons and GNU Free Documentation License are often used as they require derivatives to also be shared openly. Together, collaborative creation and public licensing can produce works that remain perpetually accessible for all to build upon.

1. 1
協同創作與公眾授權
Collaborative
Works
and
Public
Licenses
莊庭瑞
中央研究院
資訊科學研究所
Tyng-Ruey
Chuang
Institute
of
Information
Science,
Academia
Sinica
2009-02-23
Except for quoted texts and images, this work is released under the Creative Commons “Attribution-No Derivative Works 2.5 Taiwan” License.

2. 2
Let me begin by showing you a painting. At
first sight, you might think this is the famous
Mona Lisa, a 16th century painting by
Leonardo da Vinci. But then you realize this is
not Mona Lisa, as this Mona Lisa has a
mustache and a goatee. This is a Mona Lisa
parody made by the avant-garde artist Marcel
Duchamp in 1919. It is clear that Duchamp
made this new work based on the original
work. It is also clear that Duchamp wanted it to
be clear that his new work is not the the
original work, as he signed and titled this work
L.H.O.O.Q.

3. 3
As Mona Lisa has been created for more than
400 years by the time Duchamp made his
parody, his new creation L.H.O.O.Q. would not
get into a copyright dispute with da Vinci or
anyone. Mona Lisa had been in the public
domain. Anyone is free to create parody based
on Mona Lisa .

4. 4
If you search on the keyword “Mona Lisa” on
google image, indeed you get many parodies.
However, making parodies is not always
trouble free.

5. 5
By Ashley Holt (2002)
This is the kind of parody that might get you
into trouble. It is clear that this not Mickey. He
has three ears. The artist also made this clear
by using the title NOTMICKEY. The artist
Ashley Holt created this parody in 2002, and in
2002 Mickey was, and is still now, a
copyrighted cartoon character and a
trademark. Mickey is not in the public domain.
It is not safe to make an artistic work based on
Mickey if you have not got the permission from
the Walt Disney company.

6. 6
著作權所有
保留所有權利
All
Rights
Reserved
I think all people recognize this mark. The
copyright mark. When a work is copyrighted,
all the rights to use the work are reserved. You
need to go the people who has the rights and
to ask for permission to use the work.

7. 7
不可重製！
Must
Not
Copy!
不可散布！
Must
Not
Distribute!
不可改作！
Must
Not
Modify!
Without the permission granted by its copyright
owner, you cannot copy it, you cannot
distribute the copy, and you cannot make
modification to the work.

8. 8
合理使用？
Fair
Use?
What you have is the right to make fair use of
the work. However, what constitute ‘fair use’ is
not always clear. When it is not clear, people
tends to be conservative, and may decide not
to use the work, even it is perfectly fair.

9. 9
不可重製！
Must
Not
Copy!
不可散布！
Must
Not
Distribute!
不可改作！
Must
Not
Modify!
So let me repeat what I have just said. When
one sees this mark, one knows that the work is
copyrighted. One cannot copy, distribute, or
modify the work, unless the permission to do
so has been secured in advance.

10. 10
不可重製！
Must
Not
Copy!
不可散布！
Must
Not
Distribute!
不可改作！
Must
Not
Modify!
But just as everyone in the audience already
knew, the law has changed. Now the copyright
mark is not even necessary to assert that a
work is copyrighted. Every created work is
copyrighted, unless it is stated otherwise. This
creates a problem for people who want to
share their works with others. If nothing is
done to explicitly say that the work is to be
shared, nobody can use it legally without first
asking for permission. This is a burden for
many of us.

11. 11
The
Daily
Practice
of
Copy,
Adapt,
Remix,
and
Share
•‧Image
•‧Sound
•‧Text
•‧Code
In daily life, we share a lot of content. We copy
from others, make modification to others’
works, mix them with ours, and we pass along
the new works. Let me briefly show some of
the practice we do. This is made possible by
the advance of information technology. Let me
present the practices in the order of image,
sound, text, and code.

12. 12
flickrCC
(flickrcc.bluemountains.net)
We share photos. FlickrCC is a site where one
can search the photos on Flickr not only by
keywords but also by the conditions the photos
can be used. This is enabled by interacting
with the Flickr website, which allows for the
statement and search of photos by the use of
Creative Commons Licenses. Creative
Commons Licenses is a license that allows
people to say they want to share. I will come to
Creative Commons Licenses, CC Licenses in a
moment.

13. 13
ccmixter.org
Ccmixter is a site where not only you can
share your sound tracks with others, your can
also upload tracks that are mixed using others’
tracks. Here is a page showing Anji Bee
adding a vocal track to Kou Chou Ching’s
music. Anji Bee is a female podcaster living in
the west coast of United State, Kou Chou
Ching is an all male Taiwanese traditional hip
hop group. I don’t think they ever met, but they
share and mix theor works.

14. 14
I think this needs no introduction. People share
text and reuse texts at Wikipedia.

15. 15
台灣棒球維基館 Taiwan Baseball Wiki
twbsball.dils.tku.edu.tw
Here is a Wiki site in Taiwan, which is all about
Taiwan Baseball. It was started by Prof. Sinn-
Cheng Lin at Tamkang University about 5
years ago. Its now community-maintained.

16. 16
LAMP
Linux/GNU, Apache, MySQL, PHP
And don’t forget free software either. These
software packages run corporate web sites
and major portals. The code is free software.
One is free to copy, modify, and share again
their source code.

17. 17
Debian is the mothership of free software,
thousands of them packed together ready to
be downloaded and used in anyone’s
computer. Every package in the Debian
distribution is free, and they work nicely with
one another because they all can be shared.

18. 18
協同創作
Collaborative
Works
•‧多人協力共同創作單一或一組作品
Works
created
and
used
by
multiple
members
at
the
same
time
•‧流動性、多樣性的參與和協力方式
Fluid
in
the
member
composition;
indefinite
in
the
time
span
of
each
one’s
participation
•‧創作多取材自協力者所提供之素材或作品
Materials
contributed
by
collaborators
and/or
taken
from
other
sources
•‧共同之產出具有普遍的價值
Producing
works
with
social
and/or
utility
value
Collaborative works are works that are created
and used by a group of people. However, in
the case of Wikipedia and Debian, people in
the group come and go. So you have a very
fluid dynamic in the composition of the group.
Not only that, these collaborative projects just
go and go and go, nobody knows when it will
end. People participate now and then, but no
one need to stay all the time. Often what they
have produced are of high social or utility
value. So people continue to use the outcome
of the collaboration, and people continue to
join.

19. 19
公眾授權
Public
Licensing
•‧「保留部份權利」；著作的其他使用權利，以授權方式釋
出給一般公眾。
“Some
Rights
Reserved”;
Other
rights
to
use
the
work
are
granted
to
the
public
with
a
license.
•‧授權方式：不限區域、無權利金、非專屬、不會撤回。
The
license
is
worldwide,
royalty-free,
non-
exclusive,
and
perpetual
(for
the
duration
of
the
applicable
copyright).
•‧授權人以書面條款明示授權標的與方式，被授權人同意該
授權條款後即可使用。
The
licensor
makes
clear
what
work
is
to
be
licensed
and
under
what
license.
A
licensee
is
any
person
who
agrees
with
the
license,
and
uses
the
work.
Now let me jump to the concept of public
licensing. It is kind of boring. But we will soon
know that collaborative works and public
licenses go nicely together. Public licensing is
to release some of the rights to use a work to
the public. The main idea is “some rights
reserved”; the rights that are not reserved are
granted to the public with a license. A license
is a kind of formal agreement that allows
people to use the work in certain way. The
licensor makes clear what work is licensed,
and under what license. A licensee is any
person who agrees with the license, and uses
the work.

20. 20
常用的公眾授權條款
Popular
Public
Licenses
•‧GNU
General
Public
License
•‧GNU
Free
Documentation
License
•‧BSD
License
•‧Creative
Commons
Licenses
Some of the public licenses are extremely
popular, such as the GNU General Public
License, the GNU Free Documentation
License, BSD License, and the Creative
Commons Licenses.

21. 21
協同創作的接取
Access
to
Collaborative
Works
•‧如何接取流動性參與下的協同創作產出？
How
to
access
the
output
of
a
collaboration
in
which
participations
are
fluid
and
indefinite?
•‧原議題：誰的著作？誰有權利？
Old
questions:
Who
are
the
authors,
and
who
has
the
rights?
•‧新思維：誰可以用？如何利用
New
thinking:
Who
can
use
the
works,
in
what
ways,
and
under
what
conditions?
Let’s get back to collaborative works. When we
use Wikipedia or like Debian, often we don’t
appreciate how difficult it is to maintain free
access to these works. Not just free for now,
but free forever. After all, these are copyrighted
works with thousands of joint authors. Who are
the authors in charge, and who has the rights?
These are the questions we need to think
about. A good way to think about it, however, is
to think in term of access. Who can use the
works, in what ways, and under what
conditions? Often it does not matter that I don’t
own the works, as long as I can access and use
it for my purpose.

22. 22
協同創作＋公眾授權
Collaborative
Works
+
Public
Licenses
•‧參與者對其所提供的素材，對公眾釋出部份使用
權利
Participants
make
available
some
of
their
works.
•‧「允許衍生著作」與「相同方式分享」之必要
The
right
to
make
modifications,
and
the
obligation
to
share
the
results
likewise.
•‧參與者共同採用具以上條件的特定公眾授權條款
All
participants
agree
to
a
particular
public
license
for
the
output
of
their
collaboration.
•‧認同的公眾即可成為參與者
Whoever
agrees
to
the
license
can
participate!
The way to maintain the freedom of access to a
collaborative work is to make sure that the works will
always be free for other to use and improve upon.
We use public licenses to maintain such freedom. It
works like this. The participants make available
some of their works. They gave others the rights to
make modifications, and the obligation to share the
results so produced. That is, all participants agree to
a particular public license for the output of their
collaboration. Whoever agrees to the license can
participate! If I don’t agree, I cannot participate. This
way, we can get rip of the worry that the works will
be locked up by some one some time in the future,
as everyone who ever participates has agreed the
collaborative works will always be free.

23. 23
著作權所有
保留部份權利
Some
Rights
Reserved
Now let me briefly go into Creative Commons
Licenses, which has the tag line “Some Rights
Reserved”.

24. 24
可以重製、散布、展示、演出，
唯需遵照一些條件：
Free
to
copy,
distribute,
exhibit,
and
perform,
but
under
some
conditions
Works licensed under a Creative Commons
License is free to copy, distribute, exhibit, and
perform, but under some conditions.

25. 25
姓名標示
Attribution
相同方式分享
Share
Alike
禁止改作
No
Derivative
Works
非商業性
Noncommercial
There are four conditions: Attribution,
Noncommercial, No Derivative Works, and
Share Alike. Some of the conditions cannot be
used at the same time. For example, you
cannot say that on the one hand you allow
nobody to produce derivative works, while on
the other hand you request the derivative
works to be shared likewise.

26. 26
六種組合
Six
Combinations
These results in six kinds of Creative Commons
Licenses. I will not go into the details now.
This Thursday afternoon we will have a
Creative Commons Licenses Workshop.
We save the details for then.

27. 27
用於協同創作的常見授權條款
Frequently
Used
Public
Licenses
for
Collaborations
There are two public licenses that are
frequently used for collaborative works: the
Creative Commons Attribution - ShareAlike
license, and the GNU Free Documentation
License. There is a reason for this. They both
allow people to make modifications to the
collaborative works, and allow people to
distribute the modifications. Actually, people
are obligated to distribute the modifications
under the same license. In this way, any
improvement to the previous editions of the
collaboration will also be kept free.

28. 28
電影的協同創作與公眾授權
Collaborative
Film
Production
(ironsky.net)
These and other public licenses have been
used in collaborative film production. This is
the Iron Sky web site, a group of people doing
film together. They have done a few before,
very successfully.

29. 29
音樂的協同創作與公眾授權（卡巴卡）
Collaborative
Music
Production
(CABACA)
And used for collaborative music production,
which I hope I still have a few minutes to talk
about it.

30. 30
These are the many people who made the
CABACA album together. Some of them never
met, even after the album has been produced,

31. 31
“CC
Asia
Band”
meet-up
•‧Time:
2
-
4
pm
this
afternoon
•‧Place:
Lounge
&
Café
•‧People:
Artists,
producers,
techies,
potential
sponsors,
•‧Purpose:
Jamming
of
collaboration
ideas
and
plans,
especially
about
producing
a
CC-licensed
CD
album
and
joint
performance.
By now, history!
(Posted 2008-01-19)
It is a long story. The short story is that some
artists met last January in Taipei for a concert
during a conference like this. They decided to
produce an album together. This is the old call-
for-meeting poster which was posted last
January. This is now in the history.

32. 32
卡巴卡
CABACA
協力創作下的專輯
A
Collaborative
Album
•‧Each
artist
contributes
her/his
works,
and
participates
in
one
another’s
new
creations:
–Melodies,
lyrics,
instrument
loops,
performance
tracks,
recordings
with
others,
remixes,
etc.
•‧Have
no
money
for
live
studio
sessions
•‧MoShang
（莫尚）
to
mix
tracks
and
to
master
the
CD
in
his
home
studio
•‧Pig
Head
Skin
（朱頭皮）
to
develop
the
CD
into
a
product,
and
to
find
a
distributor
for
the
CD
•‧Many,
many,
late-night
e-mail
exchange
and
file
sharing
When the artists say an collaborative album,
they mean it. Each artist would contribute
her/his works --- melodies, lyrics, instrument
loops, performance tracks, recordings with
others, remixes, etc. --- and participates in
one another’s new works. They have no
money for live studio sessions. MoShang
would mix tracks and to master the CD in his
home studio, and Pig Head Skin （朱頭皮）
would develop the CD into a product, and to
find a distributor for the CD. Many, many, late-
night e-mail exchange and file sharing …

33. 33
Pig Head Skin is the man who pulls the people
together. He released a CC-licenses album
“Jesus Rocks!!” back in October 2004.

34. 34
MoShang is the man who mixes all the tracks
and masters the CD. His CC-licensed album
“Asian Variations” has many fans and the
albym itself is in the Internet Archive.

35. 35
卡巴卡
收錄曲目
What
Is
in
CABACA?
1.
Bosom
(Lim
Giong)
2.
Every
Dog
Has
His
Day
(Pig
Head
Skin)
3.
Freedom
Zen
(MoShang
+
Chang,
Jui-Chuan)
4.
Naluwan
House
(Kou
Chou
Ching
+
Sonja
V.)
5.
Walking
Tall
(Monbaza)
6.
Aspects
Of
Reality
(Sudev
Bangah)
7.
Moved
By
An
Angel
(Lisa
Diy)
8.
Crossing
The
Pond
(Snoblind
+
Anji
Bee)
9.
Favor
Tweet
(Takeru
Ishikawa
+
Anji
Bee)
10.
Free
Music
2
(Cho
PD)
11.
Turntable
Sound
(DJ
Jangga)
and
more
Collaboration does work wonder. Many new
tracks had been produced!

36. 36
不能只有公眾授權條款
Public
Licenses
Alone
Are
Not
Enough
•‧ 需要額外的機制讓計畫可以持續進行
Also
need
other
mechanisms
to
keep
people
together
and
the
projects
going.
•‧ 維基媒體基金會、Debian
計畫憲章
The
Wikimedia
Foundation
acts
as
an
entrusted
custodian
of
the
Wikipedia;
The
Debian
Project
has
a
constitution
that
formalizes
the
decision-
making
body.
•‧ CABACA
專案
協力者合作同意
CABACA
Collaborators
Joint
Agreement.
Public licenses enable collaborations, but one
also need other mechanisms to keep people
together and to get the project going. For
example, the Wikimedia Foundation acts as an
entrusted custodian of the Wikipedia; The
Debian Project has a constitution that
formalizes decision making. For CABACA, we
have a light-weighted “Collaborators Joint
Agreement”.

37. 37
CABACA
專案
協力者合作同意書
(1/3)
1. 本人同意本專案所有協力人員（下稱「協力者）），得
為本專案而使用本人創作再為創作，包含重製、散布、
演播、編輯及其他改作本人創作的權利。
2.
本人同意本人創作，及任何因本專案而新創之著作，得
被收錄與本專案相關之音樂合輯、網站或其他編輯物
（下稱「編輯物」）中，惟任一編輯物僅得包含協力者
的創作。
3.
本人同意，收錄於編輯物中的本人創作，採
創用CC
「姓名標示-非商業性-相同方式分享
2.5
台灣」授權條
款
，釋出供公眾使用。
CABACA Collaborators Joint Agreement (1/3)
1. I permit all collaborators in the project to use
my contributions to create new works as part
of the CABACA project. …
2. I agree to have my contributions and any
works created from the project collected into
… collections, as long as each collection
consists only of the contributions from the
collaborators.
3. I agree to my contributions as included in
the collections being released to the public
under the CC "BY-NC-SA 2.5 Taiwan"
License.

38. 38
CABACA
Collaborators
Joint
Agreement
(1/3)
1. I
permit
all
collaborators
in
the
project
to
use
my
contributions
to
create
new
works
as
part
of
the
CABACA
project.
2. I
agree
to
have
my
contributions
and
any
works
created
from
the
project
collected
into
collections,
as
long
as
each
collection
consists
only
of
the
contributions
from
the
collaborators.
3. I
agree
to
my
contributions
as
included
in
the
collections
being
released
to
the
public
under
the
CC
"BY-NC-SA
2.5
Taiwan"
License.
CABACA 專案 協力者合作同意書 (1/3)
1. 本人同意本專案所有協力人員（下稱「協力者）），得為
本專案而使用本人創作再為創作，包含重製、散布、演
播、編輯及其他改作本人創作的權利。
2. 本人同意本人創作，及任何因本專案而新創之著作，
得被收錄與本專案相關之音樂合輯、網站或其他編輯物
（下稱「編輯物」）中，惟任一編輯物僅得包含協力者的創
作。
3. 本人同意，收錄於編輯物中的本人創作，採 創用CC
「姓名標示-非商業性-相同方式分享 2.5 台灣」授權條款
，釋出供公眾使用。

39. 39
CABACA
專案
協力者合作同意書
(2/3)
4.
協力者擁有編輯物的所有權利。任何協力者（包
含本人在內），擁有自由使用編輯物的權利，而毋
須經過其他協力者的事先同意，惟該等權利係非專
屬、且不得轉讓予協力者以外的第三人。
5.
Jean
Marais
（莫尚）及朱約信（朱頭皮）受協
力者（包含本人在內）委託，處理編輯物之所有事
宜，包含得代協力者就編輯物與他人簽訂合約。
6.
編輯物所產生之任何收益，應被使用於推廣本專
案及協力者作品之用途。如前述收益於推廣本專案
及協力者作品外尚有剩餘，應回饋予協力者，並由
其共享之。
CABACA Collaborators Joint Agreement (2/3)
4. The collaborators own the collections. Any
collaborator … has the rights and the
freedom to use the collections without the
need to ask other collaborators. …
5. MoShang and Pig Head Skin are entrusted
to deal with all business associated with the
collections … on behalf of the other
collaborators.
6. Any profit from the collections shall be used
to further promote the project and the works
of the collaborators, …

40. 40
CABACA
Collaborators
Joint
Agreement
(2/3)
4. The
collaborators
own
the
collections.
Any
collaborator
has
the
rights
and
the
freedom
to
use
the
collections
without
the
need
to
ask
other
collaborators.
5. MoShang
and
Pig
Head
Skin
are
entrusted
to
deal
with
all
business
associated
with
the
collections
on
behalf
of
the
other
collaborators.
6. Any
profit
from
the
collections
shall
be
used
to
further
promote
the
project
and
the
works
of
the
collaborators,
CABACA 專案 協力者合作同意書 (2/3)
4. 協力者擁有編輯物的所有權利。任何協力者
（包含本人在內），擁有自由使用編輯物的權利，
而毋須經過其他協力者的事先同意，惟該等權利
係非專屬、且不得轉讓予協力者以外的第三人。
5. Jean Marais （莫尚）及朱約信（朱頭皮）受協力
者（包含本人在內）委託，處理編輯物之所有事
宜，包含得代協力者就編輯物與他人簽訂合約。
6. 編輯物所產生之任何收益，應被使用於推廣本
專案及協力者作品之用途。如前述收益於推廣本
專案及協力者作品外尚有剩餘，應回饋予協力
者，並由其共享之。

41. 41
CABACA
專案
協力者合作同意書
(3/3)
7.
所有前述授權皆為非專屬授權。所有協
力者皆保有編輯物中其創作的完全所有
權及相關權利，並得自由支配其獨立創
作，毋須經過其他協力者的同意。
8.
就本人所知、且為上述授權所必要的範
圍內，本人承諾擁有本人創作的所有權
利（包含著作權），以為上述授權。
CABACA Collaborators Joint Agreement (3/3)
7. All permissions granted above are non-
exclusive. Subject to these permissions, all
collaborators retain full ownership of and
legal rights over their contributions, and are
free to deal with them as they see fit.
8. To the best of my knowledge, I assert that I
hold all legal rights, including copyright,
necessary to grant the above permissions.

42. 42
CABACA
Collaborators
Joint
Agreement
(3/3)
7. All
permissions
granted
above
are
non-
exclusive.
Subject
to
these
permissions,
all
collaborators
retain
full
ownership
of
and
legal
rights
over
their
contributions,
and
are
free
to
deal
with
them
as
they
see
fit.
8. To
the
best
of
my
knowledge,
I
assert
that
I
hold
all
legal
rights,
including
copyright,
necessary
to
grant
the
above
permissions.
(The agreement drafted by Tyng-Ruey Chuang and Jessica Coates.)
CABACA 專案 協力者合作同意書 (3/3)
7. 所有前述授權皆為非專屬授權。所有協力者皆
保有編輯物中其創作的完全所有權及相關權利，
並得自由支配其獨立創作，毋須經過其他協力者
的同意。
8. 就本人所知、且為上述授權所必要的範圍內，
本人承諾擁有本人創作的所有權利（包含著作
權），以為上述授權。

43. 43
cabaca.org
It is on sale in Taiwan and worldwide. For
details, please see cabaca.org .

44. 44
The
Remix
Continues,
on
CC
Mixter!
And the remix continue, on CC Mixter.

45. 45
創造性 Creativity
傳承 Heritage
科技 Technology法律 Law
四面體：今日我們的居所
A tetrahedron: The place we live today
I wish to close my presentation today by
showing a tetrahedron. That is place we live in
today. We have this diverse and wonderful
culture heritage we live by everyday. The
advance of technology allows us to use so
much from our heritage, and to enrich it
tremendously. On the other hand we are also
bounded by law, and are restricted by what we
can legally do. It is in this framework of
constraint and possibility, that we enter a new
age of creativity. Let’s all think about it, and do
whatever we can to make this place better not
only for ourselves but for the generations to
come! Thanks you!

46. 46
完
FIN

47. 47
advertisement
Creative
Commons
Licenses
Workshop
Feb
26,
2009
(this
Thursday)
2:00
pm
-
5:30
pm
Conference
Room
2
(this
venue)
(CABACA
CD
Album
on
sale)