Copyright for Creativity
Encyclopedia
Copyright for Creativity - A Declaration for Europe is intended as a positive statement of how good copyright
policy
needs to be constructed in the Internet Age, and comes against the background of increasing political debate within Europe as to the need to rethink copyright
in the internet age.The Declaration was issued on the 5th May 2010, signed by a broad coalition of consumers, creators, libraries, civil society and technology companies. The Declaration focuses on the importance of both the exclusive rights and the limitations and exceptions
created by copyright
law.
The Declaration is heavily influenced by the Adelphi Charter
, which resulted from a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce
, London, UK, and is intended as a positive statement of what good intellectual property
policy
is.
Copyright for Creativity – A Declaration for Europe
“Humanity’s capacity to generate new ideas and knowledge is its greatest asset. It is the source of art, science, innovation and economic development.”
Adelphi Charter
The development of new technologies underpinning the knowledge economy calls for a review of the copyright aquis. Together, we need to create greater incentives to maximise creativity, innovation, education and access to culture, and secure Europe’s competitiveness.
Exclusive rights stimulate investment and the production of cultural and knowledge based goods. Simultaneously, exceptions* to those rights create a balanced system that allow for the use of creative works to support innovation, creation, competition and the public interest. Well-crafted exceptions can serve both goals: preserving rewards and incentives for creators while also encouraging innovative re-uses that benefit the public.
While exclusive rights have been adapted and harmonised to meet the challenges of the knowledge economy, copyright’s exceptions are radically out of line with the needs of the modern information society. The lack of harmonisation of exceptions hinders the circulation of knowledge based goods and services across Europe. The lack of flexibility within the current European exceptions regime also prevents us from adapting to a constantly changing technological environment.
Europe requires a balanced, flexible and harmonised system of exceptions that is in step with the 21st Century knowledge economy. The European Commission took a first step with the publication of the Green Paper, “Copyright in the Knowledge Economy.” The signatories of this declaration call upon the European Commission, the European Parliament and Member States to take this Declaration into account and engage in policy and norm-setting on copyright exceptions to:
* Copyright law grants an exclusive right to creators to regulate and control the use of their work. Limitations and exceptions balance the monopoly right of the creator, in the public interest. For example to promote education and learning, support a free press, deal with market failure etc.
News
Other
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
needs to be constructed in the Internet Age, and comes against the background of increasing political debate within Europe as to the need to rethink copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
in the internet age.The Declaration was issued on the 5th May 2010, signed by a broad coalition of consumers, creators, libraries, civil society and technology companies. The Declaration focuses on the importance of both the exclusive rights and the limitations and exceptions
Limitations and exceptions to copyright
Limitations and exceptions to copyright are provisions in copyright law which allow for copyrighted works to be used without a license from the copyright owner....
created by copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law.
The Declaration is heavily influenced by the Adelphi Charter
Adelphi Charter
The Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce, London, UK, and is intended as a positive statement of what good intellectual property policy is...
, which resulted from a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce
Royal Society of Arts
The Royal Society for the encouragement of Arts, Manufacturers and Commerce is a British multi-disciplinary institution, based in London. The name Royal Society of Arts is frequently used for brevity...
, London, UK, and is intended as a positive statement of what good intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
is.
Copyright for Creativity - A Declaration for Europe
The Declaration reads:Copyright for Creativity – A Declaration for Europe
“Humanity’s capacity to generate new ideas and knowledge is its greatest asset. It is the source of art, science, innovation and economic development.”
Adelphi Charter
The development of new technologies underpinning the knowledge economy calls for a review of the copyright aquis. Together, we need to create greater incentives to maximise creativity, innovation, education and access to culture, and secure Europe’s competitiveness.
Exclusive rights stimulate investment and the production of cultural and knowledge based goods. Simultaneously, exceptions* to those rights create a balanced system that allow for the use of creative works to support innovation, creation, competition and the public interest. Well-crafted exceptions can serve both goals: preserving rewards and incentives for creators while also encouraging innovative re-uses that benefit the public.
While exclusive rights have been adapted and harmonised to meet the challenges of the knowledge economy, copyright’s exceptions are radically out of line with the needs of the modern information society. The lack of harmonisation of exceptions hinders the circulation of knowledge based goods and services across Europe. The lack of flexibility within the current European exceptions regime also prevents us from adapting to a constantly changing technological environment.
Europe requires a balanced, flexible and harmonised system of exceptions that is in step with the 21st Century knowledge economy. The European Commission took a first step with the publication of the Green Paper, “Copyright in the Knowledge Economy.” The signatories of this declaration call upon the European Commission, the European Parliament and Member States to take this Declaration into account and engage in policy and norm-setting on copyright exceptions to:
- Harmonise Exceptions Across Europe. Copyright regulates the flow of consumer as well as knowledge goods in the single market. For European citizens and industry alike, the harmonisation of exceptions is a necessary step in order to facilitate cross-border trade, and create equality and clarity before the law.
- Act as a Spur to Innovation: New technologies make it possible to expand users' access to vast quantities of relevant knowledge and content. Copyright exceptions must support the development and usage of these innovative services, improving European users' access to content.
- Support User Creativity and Wider Participation: The Internet has facilitated an unprecedented shift for citizens, from being passive consumers of "broadcast" culture to active creators and participants. Individual users are increasingly involved in content and knowledge creation. The European copyright framework needs to reflect this new interactivity which encourages creativity, cultural diversity and self-expression.
- Ensure Accessibility by all Europeans: Exceptions must balance the protection of the creators’ rights with the public interest and must fully support improving access to knowledge and content for people with disabilities – most notably through the use of new technologies.
- Support for Education and Research: Information and communication technologies offer new collaborative ways to develop and share educational and research materials.Copyright exceptions that facilitate new technology-based research and education will propel science and learning, and therefore the knowledge economy, exponentially forward.
- Facilitate Preservation and Archiving: Digitisation of content is offering new opportunities not only to preserve but also extend the accessibility of Europe’s knowledge and cultural heritage with wide-reaching and long-term benefits for society as a whole. The copyright framework must support this.
- Ensure Monopoly Rights are Regulated in the Online Environment: Limitations and exceptions act to counter-balance the lack of competition that is created by the granting of monopoly rights in copyright law. In order to protect creativity and innovation we must ensure that these monopoly rights are also regulated in the online environment.
- Promote these Principles in International Discussions. The principles and objectives we endorse should not apply only to Europeans – they should be at the centre of the EU’s contributions in any discussions in multilateral and bilateral fora it participates in.
* Copyright law grants an exclusive right to creators to regulate and control the use of their work. Limitations and exceptions balance the monopoly right of the creator, in the public interest. For example to promote education and learning, support a free press, deal with market failure etc.
External Links
Declaration- http://www.copyright4creativity.eu/bin/view/Main/Declaration Copyright for Creativity - A Declaration for Europe
News
- Manifiesto europeo por un nuevo derecho de autor.http://www.elpais.com/articulo/tecnologia/Manifiesto/europeo/nuevo/derecho/autor/elpeputec/20100505elpeputec_4/Tes El Pais 05/05/10
- Un manifiesto pide nuevas leyes de 'copyright' para Internet en Europa. Pablo Romero. http://www.elmundo.es/elmundo/2010/05/05/navegante/1273056416.html El MundoEl Mundo (Spain)El Mundo is the second largest printed and the largest digital daily newspaper in Spain and one of the newspapers of record in that country, with a daily circulation topping 300,000 readers for the printed edition and 24 million unique web visitors per month for the...
06/05/10 - Manifiesto para cambiar la normativa de derechos de autor en Internet. Juan Ranchal.http://www.theinquirer.es/2010/05/06/manifiesto-para-cambiar-la-normativa-de-derechos-de-autor-en-internet.html The InquirerThe InquirerThe Inquirer is a British technology tabloid website founded by Mike Magee after his departure from The Register in 2001. In 2006 the site was acquired by Dutch publisher Verenigde Nederlandse Uitgeverijen...
06/05/10 - Initiative For Harmonisation Of Copyright Exceptions In Europe.http://www.ip-watch.org/weblog/2010/05/05/initiative-for-harmonisation-of-copyright-exceptions-in-europe/ Intellectual Property WatchIntellectual Property WatchIntellectual Property Watch is a Geneva based publication reporting on policy issues and influences relating to international organizations , especially those in Geneva such as the World Intellectual Property Organization, World Trade Organization, World Health Organization and International...
05/05/10 - The Great Copyright Debate Continues.http://ipkitten.blogspot.com/2010/05/great-copyright-debate-continues.htmlThe IPKat 06/05/10
Other
- European Parliament Launch. http://www.youtube.com/watch?v=dpsVf-i9_eo You Tube
- International Federation of Library Associationshttp://www.ifla.org/en/news/copyright-for-creativity-press-coverage
See also
- Adelphi CharterAdelphi CharterThe Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce, London, UK, and is intended as a positive statement of what good intellectual property policy is...
- CopyrightCopyrightCopyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
- CreativityCreativityCreativity refers to the phenomenon whereby a person creates something new that has some kind of value. What counts as "new" may be in reference to the individual creator, or to the society or domain within which the novelty occurs...
- Fair DealingFair dealingFair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work, which is found in many of the common law jurisdictions of the Commonwealth of Nations....
- Fair UseFair useFair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
- Limitations and ExceptionsLimitations and exceptions to copyrightLimitations and exceptions to copyright are provisions in copyright law which allow for copyrighted works to be used without a license from the copyright owner....
- Public DomainPublic domainWorks are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
- WIPO