COMMUNIA Association - Usage rights should be protected against technological and contractual override. https://communia-association.org/policy-recommendation/usage-rights-should-be-protected-against-technological-and-contractual-override/ Website of the COMMUNIA Association for the Public Domain Mon, 18 Dec 2023 17:46:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.2 https://communia-association.org/wp-content/uploads/2016/11/Communia-sign_black-transparent.png COMMUNIA Association - Usage rights should be protected against technological and contractual override. https://communia-association.org/policy-recommendation/usage-rights-should-be-protected-against-technological-and-contractual-override/ 32 32 A Digital Knowledge Act for Europe https://communia-association.org/2023/12/12/a-digital-knowledge-act-for-europe/ Tue, 12 Dec 2023 08:00:49 +0000 https://communia-association.org/?p=6444 As we’re approaching the European election season, COMMUNIA is rolling out its demands for the ‘24-’29 legislature. In an op-ed published on Euractiv, we ask the next Commission and Parliament to finally put the needs of Europe’s knowledge institutions, such as libraries, universities and schools front and center. Over the next five years, we need […]

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As we’re approaching the European election season, COMMUNIA is rolling out its demands for the ‘24-’29 legislature. In an op-ed published on Euractiv, we ask the next Commission and Parliament to finally put the needs of Europe’s knowledge institutions, such as libraries, universities and schools front and center.

Over the next five years, we need to remove the barriers that prevent knowledge institutions from fulfilling their public mission in the digital environment. Specifically, we need a targeted legislative intervention – a Digital Knowledge Act –  that enables knowledge institutions to offer the same services online as offline.

Such a regulation would require a few surgical interventions in copyright law, such as the introduction of a unified research exception (see our Policy Recommendation #9) and an EU-wide e-lending right (see our Policy Recommendation #10). However, it would mostly involve measures that fall outside of the scope of recent copyright reform discussions.

Above all, we’re envisioning a number of safeguards that would protect knowledge institutions against the abuse of property rights. Due to the complex and fragmented state of European copyright law, many institutions shy away from fully exercising their usage rights. We believe that an exemption from liability for those who act in good faith and believe that their activities are legal would mitigate this chilling effect (see our Policy Recommendation #17).

Another limiting factor for knowledge institutions in the digital realm are unfair licensing conditions. We believe that rightsholders should be obliged to license works under reasonable conditions to libraries as well as educational and research institutions.

Finally, knowledge institutions should be allowed to circumvent technological protection measures where locks prevent legitimate access and use of works, such as uses covered by limitations and exceptions (see our Policy Recommendation #13).

These demands are far from new and even the idea of a Digital Knowledge Act has been floating around in Brussels policy circles for a long time. Now it is up to the incoming legislators to show that they have the political will to tackle these problems in a comprehensive manner to unlock the full potential of Europe’s knowledge institutions.

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Nobody puts research in a cage. Researchers’ perspectives on working with copyright. https://communia-association.org/publication/nobody-puts-research-in-a-cage-researchers-perspectives-on-working-with-copyright/ Mon, 13 Mar 2023 14:28:05 +0000 https://communia-association.org/?post_type=publication&p=6286 This publication by COMMUNIA, Centrum Cyfrowe, Wikimedia Sverige and the Intellectual Property Law Institute intends to demonstrate some of the problems that EU researchers face due to the lack of exceptions to access research resources remotely and to share research results and underlying resources for purposes of verification and dissemination. It assembles a selection of […]

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This publication by COMMUNIA, Centrum Cyfrowe, Wikimedia Sverige and the Intellectual Property Law Institute intends to demonstrate some of the problems that EU researchers face due to the lack of exceptions to access research resources remotely and to share research results and underlying resources for purposes of verification and dissemination. It assembles a selection of interviews, edited by Teresa Nobre, Maria Drabczyk, Eric Luth, Deborah De Angelis, and Maja Bogataj Jančič, to understand the challenges with joint and cross-border collaborations.

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Global Civil Society Coalition Promotes Access to Knowledge https://communia-association.org/2022/10/10/global-civil-society-coalition-promotes-access-to-knowledge/ Mon, 10 Oct 2022 07:00:38 +0000 https://communia-association.org/?p=6013 COMMUNIA is part of a group of civil society organizations from all around the globe that promotes access to, and use of, knowledge, the Access to Knowledge or A2K Coalition. COMMUNIA has been a co-initiator of the A2K Coalition. Today, the A2K Coalition is launching its website with demands for education, research and cultural heritage. […]

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COMMUNIA is part of a group of civil society organizations from all around the globe that promotes access to, and use of, knowledge, the Access to Knowledge or A2K Coalition. COMMUNIA has been a co-initiator of the A2K Coalition.

Today, the A2K Coalition is launching its website with demands for education, research and cultural heritage.

Access to knowledge is not enjoyed equally across the world. Crises, including the COVID-19 pandemic and the climate emergency, highlight the barriers that the current copyright system poses for those who learn, teach, research, create, preserve or seek to enjoy the world’s cultural heritage.

The international copyright system has failed to keep pace with advancing technology and practices, including for digital and cross-border activities. Consequently, we have been unable to seize the possibilities that exist to promote access to, and use of, knowledge to fulfill human rights and achieve more equitable, inclusive and sustainable societies.

The members of the A2K Coalition represent educators, researchers, students, libraries, archives, museums, other knowledge users and creative communities around the globe. Our individual missions are varied but we all share a vision of a fair and balanced copyright system.

In addition to our mission statement and demands, the A2K Coalition website features evidence to substantiate our claims. Three maps track the state of copyright limitations and exceptions for online education, text and data mining, and preservation across most countries in the world. Currently, only the text and data mining map is fully implemented, but the maps for online education and preservation will follow soon. The website is available in English, French and Spanish language versions.

We invite you to explore the A2K website and spread the word about the A2K Coalition.

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The 5 Most Unfair Conditions in Educational Licenses in Europe https://communia-association.org/publication/the-5-most-unfair-license-conditions/ Mon, 14 May 2018 14:38:41 +0000 https://communia-association.org/?post_type=publication&p=6480 Educational licences for using copyrighted content in schools include many terms and conditions that restrict users’ rights and that are unfair or unreasonable. In this handout we highlight the 5 most questionable terms and conditions identified in the collective agreements analyzed in our study Educational Licenses in Europe.

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Educational licences for using copyrighted content in schools include many terms and conditions that restrict users’ rights and that are unfair or unreasonable. In this handout we highlight the 5 most questionable terms and conditions identified in the collective agreements analyzed in our study Educational Licenses in Europe.

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Educational Licences in Europe (Handout) https://communia-association.org/publication/educational-licences-in-europe-the-handout/ Wed, 21 Mar 2018 15:51:38 +0000 https://communia-association.org/?post_type=publication&p=6482 In this handout we suggest measures for the consideration of EU lawmakers to avoid giving right holders the unilateral power to reshape the terms and conditions of educational uses, and spreading the disadvantages identified in our study Educational Licenses in Europe.

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In this handout we suggest measures for the consideration of EU lawmakers to avoid giving right holders the unilateral power to reshape the terms and conditions of educational uses, and spreading the disadvantages identified in our study Educational Licenses in Europe.

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Educational Licenses in Europe https://communia-association.org/publication/educational-licenses-in-europe/ Wed, 21 Mar 2018 14:28:18 +0000 https://communia-association.org/?post_type=publication&p=6467 This study by Teresa Nobre demonstrates that educational licenses contain terms and conditions that are inherently disadvantageous to licensees, thus supporting the contention that subjugating educational rights to contractual arrangements is not advisable and is counterproductive. It analyses ten collective agreements for educational uses in force in Finland, France and the United Kingdom pertaining to […]

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This study by Teresa Nobre demonstrates that educational licenses contain terms and conditions that are inherently disadvantageous to licensees, thus supporting the contention that subjugating educational rights to contractual arrangements is not advisable and is counterproductive. It analyses ten collective agreements for educational uses in force in Finland, France and the United Kingdom pertaining to different compensation and licensing schemes for educational uses.

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