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Redesigning Copyright Law for Creativity and Sharing

Digital Humanities Research Colloquium
University College Cork

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Redesigning Copyright Law for Creativity and Sharing

  1. 1. Redesigning Copyright Law for Creativity and Sharing Darius Whelan November 2017
  2. 2. Lessig, A Copyright System for the 21st Century (2011)
  3. 3. Art. I, Section 8, clause 8 of U.S. Constitution: The Congress shall have power … to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  4. 4. EU Charter of Fundamental Rights Article 17 Right to property 1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest. 2. Intellectual property shall be protected.
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  6. 6. Lessig at eG8 Press Conference
  7. 7. Declaration of Independence of Cyberspace (1996) • John Perry Barlow
  8. 8. “Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of the Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather. We will create a civilisation of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before”
  9. 9.
  10. 10. The ‘incidental inclusion’ exception
  11. 11.
  12. 12.
  13. 13. Hargreaves report Digital Opportunity: A Review of Intellectual Property and Growth, An Independent Report by Professor Ian Hargreaves (2011)
  14. 14. 2014
  15. 15. Copyright Review Committee Ireland Consultation Paper 2012 Report 2013
  16. 16. Redesigning Copyright? Support and Encourage Open Access / Creative Commons licences Widen exceptions to copyright – fair use / fair dealing / content mining In reform discussions, involve civil society and activist groups Formalities for copyright may need to be re- introduced Express provision for non-commercial re- use / remixing Redesign the Berne Convention
  17. 17. @creativecommons @communia_eu @OpenRightsGroup @c_commons_ie @edri @DRIalerts @Senficon [Julia Reda MEP]