Collaborative Works and Public Licenses (with transcript) / 協同創作與公眾授權(含英文講稿)

568 views

Published on

The slides and transcript for the presentation at the TELDAP International Conference, Feb. 23-7, 2009, Taipei, Taiwan (http://collab.teldap.tw/2009teldap/conference_en.html).

Published in: Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
568
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Collaborative Works and Public Licenses (with transcript) / 協同創作與公眾授權(含英文講稿)

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 14 I think this needs no introduction. People share text and reuse texts at Wikipedia.
  15. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 43 cabaca.org It is on sale in Taiwan and worldwide. For details, please see cabaca.org .
  44. 44. 44 The Remix Continues, on CC Mixter! And the remix continue, on CC Mixter.
  45. 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. 46 完 FIN
  47. 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)

×