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Copyright Untangled - Fixing copyright for the 21st Century

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the idea of what the the the the the the the world
and to build thank the the forest and you have to be in
have via canceling that's in avalanche Tarkovsky as sociologists copyright reform applicants and researcher of digital society then we got the lady to my left which is said to reason over a legal expert on copyright moment KR ammonia and we've got to her laughter Delia Browne national copyright directive for Australian schools and there's Paul he is the director of Kennisland Amsterdam-based think tank focusing on complex challenges in society require new forms of innovation so have fun FIL hello everyone and welcome to our session on copyright and more particularly on coverage
reform because this is the common denominator that brings us all together we are copy fighters engaged for at least several years some of us more on uh fighting for a better cooperate system why do we want to talk about copyright today I feel that maybe 10 years or 5 years ago this did not require an explanation today I think we are competing with many of the issues that are of interest to people involved in digital rights digital activism well we need to do something with copyright because if copyright is the air we breathe this air is very stable of the copulate system in Europe in the 20th century system this felt a bit strange probably around thousand by 2005 felt outdated this was a real problem by 2010 and you have thousand 70 now yes 2017 unfortunately did copyright reform is ongoing in the in Europe this is the moment when we need to act and this is also the moment were right now there's sort of a balanced that's unsure which way will go to see whether this error will be freshened up or whether it will remain even more stay whether copyright will become entangled or whether it will remain a big jumbled mess we want to focus on particular aspect of copyright which is education culture and heritage so this is complementary to some other sessions that concern things like content filtering but the focus we have this public interest and exceptions to copyright in the name of this interest will start with a presentation by Delia presented a broader global perspective and the things are happening
in Australia just to have you know a point of reference for the goes on here in Europe so this is Wikinews and give uncertainty 1 Delia Brown and the National copyright directive for the Australian schools sector and the strange public servants that basically and supports the education sector
and providing that advice and education and obviously not acting as an advocate for education correctness straight is step there is our kind of general site which teachers use databases to get that practical what I can do with Coperite's very very positive but on his website to we have links the and the presentation has lots of links to the current formatively going Australia before I started talking about copyright education how many here I have children but to put up your hands who's but children OK that's good if you here and how many of you hear anyone here a teacher in the teachers here like 1 to cover the teachers here and end in a public garden lawyers out here is if the odds of the front ones I know it's
OK although it's about very strange way so education no longer economy means there's a facing will infect your suffering from the 20 century the education system now listening to me but 1
means now is this itself 3 D printing it's kind of the flipped classroom itself augmented reality is in a virtual fetch reality it's also bring your own device it's document cameras it's interactive whiteboards on it's
also things like you know nothing just 3 D printing you true it is things like Google classroom or it's also things like iTunes U. wars mathematics is no longer textbooks I don't get ask me more about how much I for the company I don't get asked me more about the video recorder copying things my television tell of you know Fredia television radio is completely completely different now it
is now the 21st century and does what you see here is a program at Rafah that we have on our website in Australia which explains why history in schools need
years and and the end of the year to show you some of the things that we currently pay a license fee for when used in the classroom line and so the things around a lot but we'd like I can run the blackboard of I write an interactive whiteboard I have to pay a licensee and I can spin out work in the classroom but I can't show upon this can have the license the arm ivory producer Twitter fate that connection attractor licensee if I print a Department of
Health I sheet on headlines and advise you kids know that lies at some stage would take your children sometimes primary school making a copy all those sort of things are checked a
license fee or enumeration Fe under strain is very complex and and compulsory licenses for education so as Britain's consistent age the photocopier and of intracortical guy intra and this is inconsistent is inconsistent rules not just in Australia of across all of the year in many other countries and we seem to have a lot of international treaties dealing with minimum enforcement of protection of copyright but we don't have a minimum tree we end of a treaty internationally that deals with minimum requirements for educational use this way we should be thinking about
also stammers become incredibly important to all countries around the world at 75 of the fastest growing population occupations will require skills that stands schools it so the world right drive not just a straight across Europe as well and America to try and sort of like improve all put them into the education system now this is not happening just in the school now there is a demand to push
by governments to make sure that we working with business and collaborating with business puts statements were not just doing things inside a brick-and-mortar building we actually which and across countries to do this sort the stuff as well so and we'll talk about critical
thinking we're talking about problem solving communication schools we talking about the fact the kids using your new equipment and to explore new concepts we've got new assessment dominant which is being used to kind of kids learning and teachers and the impact of these things and many schools now
protecting Austria working with specialists and business in a couple of examples here is the good kids something see which in relation with kids who actually work it like 40 schools in New South Wales of a thousand students developing all these experiments to be tested and NASA 1 other school that you developed a
moisturizers KB to discover Batista dimensional in a sense of this is what is happening xt now right this minute the futures
here is not coming up struct sticking the face with us now and our problem history like probably in Europe this require very complex with mixed of compulsory statue licenses administered by collective management organization you call them yet we call them Clinton societies in Australia and it's kind of like as problematic and even with the exceptions we might have for years we don't have could corresponding provisions allowing us to circumvent things like technology will predict prediction measures so again I showed you before different roles depending on what you're is with his artistic
work or other audiovisual work always uture video and the other problem we have illustrated repaints schools pay millions of dollars each year to simply use freely available Internet material that may be available online and we're the only country in the world because of our statue licensing the weight not required leading to pay money to use stuff that's freely available on the internet so here's some
examples displaying a Spanish translation using its translation at taking a screenshot of course offerings on universities telling students print information shared on malaria and trenches printed a page from the iris PCA which is the roles assigned projection of cruelty animals websites
display an image of a catch on pit finder tightness Krieger website that shows different times around the world you can see the annex at my favorite is printing a yellow raincoat from bunnings warehouse catalog online bindings is the warehouse that sells things like paint and garden utensils and umbrellas and sun umbrellas and
barbecue things so we have to put a yellow raincoat into a powerpoint attracts a license plate is simply a kind of ridiculous an and also rules pay things called works from works a works obviously a lot of work only engineers are exible from works in the sense that you don't know who owns them united under is you can't find us and we you know and you can't locate that honor to ask motion psychotic cannot locate that honor checks you pay a license because it was statue license that covers some education users and we're increasingly using intermediates that that level of work that's going up and our datasets from surveys is actually increasingly often works so obviously we think Cabrera forms the key
out to but innovation education and astray this being free independent kind of government reviews 1 most Israel form commission 1 2000 vision of 14 which was an 18 month inquiry and looking at copyright in the digital economy and there was a but over a sort of 109 consultations 870 submissions and they had 20 recommendations of other recommendations will see in a minute the biggest thing in 25 years talked about
simplification of this of the statue licenses challenge for you with concerts boring but also suggest that we go towards flexible fair use exception to copyright 1 flexible exception they could replace
fishery existing exceptions and outdated to prescriptions in Copyright Act and also be much easier exception for teachers in the ordinary person to understand and would help us not just promoting innovation that match consumer expectations be more flexible and protect markets for others create as well and if you think about the other countries that have a
phase style exceptions USA it's as well as Singapore South Korea all these countries are doing very well and innovation and I think the reason why that is discussed in use is like a secret sauce that helps innovation in education and the dual economy of all these countries yeah we also suggesting in our situation we're not getting rid of collective licensing we think figures plastered of licensing can coexist side by side what phase will do this means all the schools will stop wasting their education budgets paying for and copying communicating things of the engineers often works that we do not have prejudiced the interests of the copyright owner to what playful and tourism at had lice information
shapes for a picture of a yellow raincoat in any online and catalog for a shop but doesn't
mean that it is going to be the frame and 1 thing I always reminding people is Australia's about a population of about maybe 24 million we 3 . 5 million schoolchildren whenever almost 10 thousand schools that's who I look after in Australia every year we spend at least 700 million dollars buying content for education on top of that we spend another 95 million dollars paying collecting societies to use small bits of material and now teaching now the phase will have some impact on the licensing of 95 million that will have 0 impact on the 700 million that we spend each year in 3 minutes
OK never had a plot so we have the LRC recommendations and report back in
2014 which recommended the use government still wanted to have someone else talk about the use of the got the Productivity Commission report to the Commission is a statutory authority 7 Australia which basically looks at the economic and social benefits of new to stationary policy so is an independent authority of the dance pulls worried about productivity being something a bit
more Orwellian but it's not they're not to overwhelm so right to supported the LRC recommendations and they actually said look we need fair
use we need to expand safe harbors to include schools and types universities we need better governance relation registered societies but make sure that you can't have contract to Octavian's beginning you use exceptions on and that's kind of how we got there now unfortunately then we also had an inst young reporters as John everyone knows like a major international consultancy company they too had a look at the the that the recommendations by the balancing now ask to do a cost-benefit analysis and on and on whether or not how what would happen if we introduce the use of history a couple of things they see and then it is said look it's not that she can never have a positive impact on Australian economy nonnegative and that the 2nd unless it is but 1 major things we can see is having a and benefit voices conjecture maybe size is perhaps the schools sector 8 to 18 to 23 million dollars a year license fees painter stuff should be paid for and that would be a something as savings to education budgets and so there was a kind of a good thing to do so again we're still waiting from decision from the Australian government
and there has been obviously a a scare campaign from the major rights holders and saying this is the end of the world and so are not making decisions the stages not bad because they have received no yet but we still like it was gonna have is the long
term of another to a 3 fight before we get that so at the end of this is just some links to the stuff on the website talking about this in more
detail um including the reason the forms the instrument and you few it yeah thank you Delia of and this is where I'm assuming these links will be findable on the internet if you want to
pursue them so I must admit I always use from view is like a breath of fresh air and find that in some place on the world things are going well let's now see how things are going in Europe and the author words with common you also works with Creative Commons in Portugal in
is a legal expert that communion this working yeah but it's still an is you know we yeah and currently discussing copyright reform in Europe and and
1 of the things that are being discussed this and that's being discussed is a new exception or limitation for educational purposes so I would like to wear um OK just don't care so I'd like to 1st just introduce you to the situation Europe that we have right now as so we have 1 1 thing that's called InfoSoc Directive l which gives Member States the possibility to implement certain exceptions and limitations and mainly for educational purposes so
what we have in this directive is an optional prototype and that Member States can implemented the prototype that's open to all users open to all the force of rights all right so that Member States have to implement and to all types of forests to the extent that is needed the and the only limitation that this exception as is that you cannot make commercial purposes and you have to respect the three-step test but apart from that and it's a great general exception that is flexible it's not fair use an abacus quite and I think quite adequate to the needs of education and especially to the needs of fled to the future needs of the present needs of each the legation yeah because its technological
neutral so that we have this optional brothers side we could have made use of optional present i'd mandatory but instead but the Commission proposed was um and mandatory exception or what's being discussed on all right now is amended so exception only for certain uses so far
only for digitate digitally supported indication and this is the exception that's being proposed by in opposition to the prototype that we have right now it doesn't cover all types of users the Tommy covers for modifications so it occasionally CSI which meant and there's difference interfacial or for this can be but we believe that certainly cannot be museums or is that institutions that have their own uh
educational programs so all the educational experiments and it applies to all types of forests to indicate the extent needed but it's overridable by licenses so member state can say um OK I implement the mandatory exception but I can decide if certain types of wars or even if the entire exception is subject to the existence of a license so this means that if a publisher comes with school proposes a license the license is available the school cannot can no longer rely on the exception the EC the test by the licensee she wants to use the work
uh that would otherwise be permitted to be used under the exception and this proposal and it also has physical and technological barriers so it additional extensions can use the word senders except Exception in the
premises of the school so if you are at a school organizing a conference outside of the premises of the school and see in a museum in a space that has a more conditions Moffat when our facilities that have more a conditions to told a conference you cannot do it and under the proposal and also if you want to use the work online you can use it uh only to secure
electronic networks that are accessible by the students and the teaching staff of that sentiment so no parents assessing that's only school uh teaching staff and students and to secure networks and it's not clear to us that what does this mean so probably means that schools if to have the on platforms so if you don't have money because where came from from in Portugal schools of that that much
money and most of them don't have money to have their own platforms so they cannot make users online the cannot use e-mail they cannot use Dropbox if they want to uh to communicate the works through other means and under this proposal so what we detail
trying to demonstrate um the the fragmented landscape and now this landscape will continue to be fragmented uh even after this proposal was to analyze 15 educational users in 15 countries and as you can see the studies was released and these online and and we also need some for graphics which are quite cool to understand these issues a bit better and and 1 of the things that we wanted to show always if you limit the users occasional establishment so museums every that institutions libraries and nonprofit organizations this conference this conference would not be possible and in accession if I want to show a feed you failed to show any image that if I want to make any use of a copyrighted work I would not be protected and that this proposal because it's limited to evocation of establishment and you're not what this conference is not an official establishment uh the same as for museums and the situation is right here in New nowadays we have more or less in the countries that analyze we realize that Mahler's off of the country's uh I'll don't have limitations on the type of user so this means that the additional programs run by these entities are possible while other countries are less generous so if we don't change this it will be uh continued to continue to be like is fragmented and we also analyze types of words so what costs can use under the existing system and and then we realize of course that's some countries exclude the types of words that you can use for instance the uh um had Denmark Finland the Scandinavian countries don't allow you to use cinematographic works or dramatic works for educational purposes and all let me
maybe make a disclaimer a clarification we didn't study the licenses that my exist might that schools might buy and and therefore of course know I I think the some of these countries you should buy a license you can use so we were just looking into the the law so and the the low uh instance can if entries we cannot use dramatic words cannot perform around the latter playing school and you cannot show a video even if it's on line on a free publicly accessible website like you to higher than textbooks for his insightful did in Germany and for instance in France you exclude simply printed music so you don't exclude music musical whites but you exclude the use of printed sheet brings its course which means that uh if you are in a music music class and you want to teach your students how to play music using uh printed score you will not be able to do it in a cage uh animals into so that's
a problem that the current system probably will not the current proposal probably will not solve because although the proposal applies to all types of works it allows licensed to be to be and to take precedence over the exceptions so uh it might exclude some words to
licenses what else extent of wars 1 thing is you might not exclude um certain types of works but if you only allow the use of parts of a word you will be Excluding entire Mateus entire short works such as poems an entire short videos like the 3 minutes 2 minutes he figures that are
available online on you to and um I've heard that um some people might be considering um introducing that possibility of limiting the extension of words that you can use and the the current proposal which would be a shame because I think that's 1 of the few things that we want and the European Commission proposal was the possibility use words to whatever extent that was needed so we even if he that we use that then and I could do was most of the good things that free have and and achieved at this point so
1 last the last slide just to show you how having uh proposal like the 1 that the Commission has on the table of an
exception that only allows for certain uses so in this case the people uses excluding all non-digital uses up can this impact of real life uh teaching so this is most probably most teachers don't use anymore in Europe used DVDs in class and
know if if the user not the most of the must use uh online videos and but if they do want to use DVDs um in some countries they will do but they will be able to do it and because public performances or screening of a movie in a class is not consider a public performance so it's sky excluded from the scope of protection of copyright so you don't have the exclusive right to prevent others from using uh from uh the screening the DVDs in class but if you shawled
that same VDO through an online platform the writing involved is not the same rights is not a public performance right that the public communication right this is tricky but just to let you know that in some countries public performance and therefore screening of a video from a DVD would be possible and in those same countries for instance Netherlands and Italy and if a teacher wants to speak to show the video not from a DVD but from uh and YouTube channel you will not be able to do it at this is not clear from the law that you lot you will be
able to do it because but that's right is not excluded from the scope of protection of
copyright thank you the hi thank you very much the assigned now that some variety will for 1st switch
spheres of life and work of the culture and heritage to some of the challenges of similar and whether the solutions
OK I'm hello my name's Keller work for Kennisland London Amsterdam and gonna talk about advocacy work that we're doing for from the cultural heritage sector were mainly working together with communion with European other European being the European platform for and digitize cultural heritage from museums archives libraries all across the European Union but let's say I wanna talk about or I wanna start by talking about Norway I read this
session that we when we planned this we want to talk about how we need to fix copyright for the 21st century and I think it's essential that were not only looking at what's wrong with copyright but that you have a vision what you actually want to achieve like this is not about copyright as it is this is about what copyright needs to enable and copyright is currently as we heard about education before was but I'm also in the culture heritage sector 1 of the things that makes the functioning of public
institutions very different Norway by accident is a country where they have stored and they have tried very hard what they can do it by combining the power of the Internet and the power of culture heritage institutions and they have achieved a situation where in 2018 100 per cent of all books ever published in Norway will be available online unfortunately only to Internet users in
Norway and they're probably not very interesting to most of us outside of Norway because there's very few the Norwegian speakers outside of Norway but what this shows
is if you um if you have a vision and you want to accomplish something and you can make something and obviously this is like this idea of the universal digital library where you have access to basically everything that human culture has produced that the Internet at least in theory makes possible now this is in Norway and this is built on specifics of the Norwegian at situation with grave functioning collecting societies this is only in the book sector where a collective organization is relatively high but it shows how you can achieve something now if we contrast that with the situation in Europe in Europe and this
is a very rough estimate um conducted by European and I we currently have 3 per cent of the culture heritage objects think books paintings archival matter from films uh things like that that are available online so this is 3 per cent of what's in the collections of these institution that is available online but this should probably also be 100 % go in the direction of 100 % especially if you think about things that for example of museums on average have probably 90
% of the collection and storage and maybe 10 per cent or less actually available for you to see if you go into a museum and with libraries and archives you can usually get access to everything by just asking too long that out I but obviously like having that available online has also huge advantages and so how do we come there from the you can't European copyright framework foresees 1 exception to copyright that is relevant in this context and that is the exception for the use the purpose of research and private study and that
allows some libraries archives and museums to make works that they have their could in their
collections available on dedicated terminals that are located on the premises of the institution so you have to go there and then you have to use a dedicated terminal provided by the institution in order to look something up so this comes from about this time which is expected you understand that's the kind of thinking
that's the kind of technological infrastructure that informs the copyright rules that we have at the moment in Europe obvious a lot of stuff has changed in the meanwhile some my organization Kennisland has been involved in a large digitization project for the audiovisual sector in the Netherlands that ran from 2007 to 2012 it was called images for the future a cost about 110 million euros and digitized basically a large swath of the audiovisual heritage of the Netherlands so we turn stuff from film into from these kind of things he's actually tape cassettes which go into a
robot and store the high-definition files and can be retrieved then uh and there's obviously also they should obviously also be online versions but going back to the percentages we had this digitization project with public money off means the public broadcast material and mutual per cent of the from last look no 1 thousand 2 No 138 930 2 hours of film and video material that would digitized are actually available online to the general public at this moment 98 per cent of the stuff because of rights clearance questions is not available optimal
and that is it is from our perspective simply unacceptable because that really deals with stuff that has been digitized as public money preserved the public money produced with public money kept in the archives of public money for very many years but and this is even more astounding these things if and you take into consideration that more than 95 % if you go out and ask people who have books in the collection so if you for example we've done this with the museum in Amsterdam and we actually wrote to artists who had words in the collection said hey and we've got a new sites can we put that stuff online more than 95 % uh and give us uh permission to do that so the exception of the
the expectation of creators who have their works in archives libraries museums generally seems to be it's OK to make that available online most of these people actually happy that something is collected in the in the collection of a famous and not so famous museum archive like people are happy like this street photographer from the sixties is generally extremely pleased to know that the net in the municipal archive has his collection or a collection in in the in its in like in the archive and they would love to make that available online on the platform of something like the municipal archive um but um this is uh not so easy because we've done
this study with the 95 % and there's a couple of other ones in there is generally it assumes that it's easy to go and talk to these people and ask them for permission the big problem here is most of the works especially the older works which are contained in the collections of these institutions are um produced by rights holders who have stopped actively managing the staff were very difficult to find not necessarily impossible we have a solution for that
deal from what's directive but and if it's just extremely difficult to find these people you can't ask for the permission and in that situation copyright the general rule applies without permission you can't publish anything online and this has resulted in a situation which we call the 20th century black hole if you can see this year this
is like about analysis of the collection of European and it shows like increased numbers of works from like this is the year of creation so it starts with 1800 here on this side and you see a drop off starting about it 1910 and really like it starts flat lining halfway through the 20th century that is exactly where copyright starts to apply for sure and that period before was where copyright probably applies to the effect of copyright is a suppression of access to the cultural heritage which in Europe generally is preserved by the public interest institutions were funded with taxpayer money
and we need to break out of that yeah and this contract so um the good news here is that the European Commission has actually in that proposal for a new directive on copyright in the digital single market that basically every speaker before me referred to has introduced a chapter on out of commerce work so that's basically those type of works where the copyright still applies but they are not in commerce anymore they're not actively managed anymore so the category of works which
creates this 20th century black hole so they come up with a proposal of how to fix this um but unfortunately they've come up with the
Norway Norwegian uh version basically they say you need to do this we extended
collective licensing because Lope extended collective licensing works because it works in Norway now the Norwegians when they passed the laws they looked at their situation they looked at the situation they had and they said in the book sector we can actually work with collecting societies and because we have very good representation the collecting society we can extend that rate representation that allows them to achieve this 100 % now Norway is a fairly a
typical country for for the European context they are crazy rich they're very well organized and the relationships between users and the collecting society are are friendly or very friendly most most of the other European countries
don't really need any of these 3 conditions and is only works for the book sector for them this is also not an answer for and visual art works of archival material audiovisual archive there's no collective representation there at all so the Commission looks at Norway's says this is the solution so we wanna work with licensing because will post to exceptions and so they've drafted something was basically tries to impose that Norwegian mechanism on the entire European Union where the preconditions being a rich country having well functioning well representative collective management and uh societies do not exist so if the Commission's proposal goes through we will have a solution on paper that it will be useless in most of the sectors sold in the audiovisual sector probably also in the visual arts sector for large parts and in many many countries where like the collective management system is not as well developed in Europe so what we are working to that's museums archives Europeana um a number of organizations advocating for to combine this and I think I've heard that in both
presentations before it needs to be a combination of extended collective licensing and an exceptions so we really need the right to make this material available if
licensing failed 2nd as a mechanism is reasonable in the copyright context to say like the 1st attempt should be to license this material but we also really need a back up mechanism that gives the the institutions who really want to make this material available any more leverage in making this available and that has to be a copyright exception thank you come in the past of 2 other things
they wanna very quickly switch roles and also
switch back to education I want to make 1 comment about what the SS spoke about and what her research shows this to me and whenever I look at it it's just hard to understand why certain things can be done in some countries like a very good places to do education without worrying about copper the Estonian Czech Republic and you describe doesn't fall there and in other countries you simply cannot and then the most common argument from publishers is local specificity and I just cannot imagine what's the local specificity face of France that limits educators to do certain things you can do you know 1 thousand kilometers further east on that I wanted to add up to this puzzle a slightly different perspective and I want to underline that this is a perspective that we try to keep income when yeah that there's always a copyright and educational we look both at corporate and education but also education period and actually inspiration for that came from the earlier when we start talking with her she so this
this list of important things in educational anything about copyright and copper it was on this list the list of the show was you know educational innovation and use of technologies media literacy and so on and then copula it becomes a means that this is a perspective that says you cannot limit yourself copyright policy just to discussions like does the money go a bit more to the creators of the users that that's not the
discussion we're having this discussion about good educational we did that come when you as we did a small study we treated as an exploratory study to understand how teachers understand Puritan function copyright we did it in 5 countries in Germany France Estonia Poland and the Netherlands this was a qualitative study we interviewed 30 features which was very specific an exemplary look for people for innovative teachers in particular make use of a range of digital media technologies and these creators rebels guardians and uses for not really suspecting what's going
on i the so the 4 categories we identified but also that some pretty good quotes and this is maybe 1 of the stronger ones which says I would like for copyright not to play any role whatsoever in school and I like this quote because it reminds me of something I've heard from nearly crucial for was the previous Commissioner on Information Society and the previous Commission issues once in Poland and she said I would like cooperate to stay out of the classroom unfortunately that was what she said so the free styling it's not in the official version she published all her speeches line of that people heard that and I think it's important to say this sometimes and it's also
thing of course is very radical features are not really radical when they look at copyright they don't like part of it which is copyright laws the market mechanism that sort of pulls out funds from the educational system we got a lot of such responses but they're also like copyright when it's seen as alignment of creativity and not just by artist but by themselves these exemplary teachers for as is often right textbooks educational resources and in that case the understand corporate pretty well and be treated as a friend I want to underline it because we're not
talking with their uh you know a bunch of radicals Of course there were unique we also talk with them how they peers are doing and also want to underline general it's a hard discussion you cannot really talk about details of copyright like this level very few educators can function we only found in once in a while you know the best sort of train there on the copyright in Estonia obviously he was knowledgeable about but they said that in general there sort of 2 past that need teachers understanding Copyright 1 is dealing with technology and the others dealing with
children with your students who come and you notice they're doing something weird on the internet or maybe they ask you questions whether your legally playing the movie in class and you start thinking why don't know and I think this is important because this sort of confirms also what would you guess chosen a sort of an insight into how to build policy if we want good copyright it needs to sort of
solve challenges created by modern technologies and be useful to the new generation you know to the young people so I really like this result that comes from the study on another thing we try to this sort of map of how these features so think about copyright and
created this simple scheme which you can see and basically it device features based on how they use new technologies and how they are respected disregard copyright law so in 1 corner we have creators who make I use of technology but also respect copyright there those authors of textbooks on on the opposite we have people who make very little use in this regard corporate basically the they use stuff on I didn't know what they're it what's going on they might be breaking the law but there are also guardians display a lot of attention to cooperate out of fear and maybe the most interesting category the rebel who basically the things understanding that his probably breaking the law because that's what education needs in her belief so it's a kind of educational social
disobedience and can find a lot more about the sort of uh ideal types in our research of people we we got some insights from educators what of good copyright would be for them as I said these are not precise recommendations but it's very clear that they understand that the goal of cooperative education is not to generate higher revenue you know and and this is also something that we take from them and put into our work ethic ammonia is that we really need to talk a lot more about education and debated often concerned only copyright and also to create a safe space for educators this is pretty cool
graphic but which could design of for us by Brian Matthews said British sort of visual thinker which that shows that today the exception is pretty narrow or and you really need to extend it to encompass education because that educators can stop asking questions so I am I really doing this legally or need to stop spending time on you know fearing something wrong is going on and being those copyright guardians that's not their role so thank you very much but that's the end of our presentation we now have around 10 to 15 minutes for Q & a session so maybe you have some questions and I will try to steer we do have a question up here in the front and the only 1 remark about the big you know people get the adult education you're talking about schools universities but to be talking about lifelong learning so I'm working from the litigation center and we have the problem of bigger problem in the schools that's a good commonly 1 to address that but that's a very good point that is something you also talked about and history of while you're wanting inflexible the usage of it because if we don't want this exception being limited to education institutions but we want to
be more expensive discovering any any any way that you're learning and that would be better education what could be industry as well and and that's an argument we try to use in European debates no we have in Europe a lifelong
learning strategy to solve this debate which I think is also very presence in Germany now with the industry 4 . 0 and the parts idea of educational 4 . 0 did vocational training actually modern vocational
training it's training throughout your life and with copyright we have a lot that says well you can do it in the building of a school and or university so it finishes at some point yeah and I think it's a bad policy few
discriminate against entities in an end users you should limit an exception to the core purpose of the
of the use so this for additional purposes for non-commercial additional purposes that should be it it should not feel like it is nowadays with the directive that we have and that's yes it's it's difficult to
to I think honestly I don't think we will be able to to get
edges edgels learning in this reform I'm very septic sensical abundant probably heritage institutions will uh will be included but not much further yeah
in that OK I have a question for you of DO you talked about fair use
around the world so what are the chances for that happening in Europe and maybe that's good proof but that simple answer and even use the words you think use use you select health effects is flexible exceptions phase that would fit this is what we have finally don't like me to see the waiting for something that's exactly what it was like a it's like to have nowadays is a flexible exception in
the countries that have been implemented as a taste they're and quite flexible opportunities therefore for additional caters and you can you can have it as you have nowadays you cannot have it and this proposal and and that is also can cover the comment on pulls
presentation will focus on those interested because you as described having an a kind of a a flexible exception that
could be a catchall in case you can get a license i have that I don't have the same view I think you need a flexible exception uh that exists whether or not a licenses of the loss of the reason why I think that is because a lot of users that but it is protected by copyright anything on the internet that's really about it was pointed by corporations and this also sit uses that very very small and substantial that you should be able to use that having to guard and get a license or pay a license fee under a place in society so a slightly different view on their ass and I'm not saying that because
I did in my view the proposal is being made in Australia doesn't allow a free
for all this can be many things that we do in education that may not fall under that exception such as putting something up on the cloud out for permanent storage for students Texas that is something that may not be actually because by flexible fair use exception but
an foot forever and ever and all more than like a substantial part of the work being reproduced to be made accessible to students that would be covered by an exception will require a license I think and I think summary 1 of my benefits of not being a lawyer is that I'm really not so much interested in the mechanisms used to achieve something I don't care license if it's an exception like that's a point I tried to make with this example of Norway and I think the point is we as a society need to agree on time and time again what kind of behaviors we want to
enable what time of behaviors we want to give creators exclusive control and what and we don't and I do do think for me personally both of these things that the access to 2 of our culture heritage but also the axis with the with the use of staff in educational contexts as white as they may be are clearly from social objectives or political objectives that that that that governments and societies invest huge amounts of money and then we run into this stupidity that is copyright law and that just because like well that doesn't fit into the framework that the lawyers have drawn out and that we were stupid enough to agree on in 1893 86 uh in a convention therefore of all the money that you spend on the 120 million euros we spend on digitizing the thing
I do not result in any tangible benefit to the people of actually paid the money that's just that's the that's just like the copyright isn't like a good in itself from at least not in the areas where I where it's it competes with other social objectives on them and it's only because I'm aware that you have to look into the details to the mechanisms because the problem with the licenses and and and that's 1 of the main concerns and specially countries that
don't really have that much resources and I mentioned resources in schools that our definition resources is what I mentioned you know if you permit that the license will override an exception and you will then be foreseen institutions that don't have the capacity to give shape terms and conditions to assess level licensees imposed on them because then the licenses available and and then you have to accept it otherwise it cannot use it and the the exception and this 1 of the main questions for education and 1 of the main problems that we have is that you will proportion 8 an an an expression of licenses and an any situations where the users are fair with lady words
of the affair and they should not be even maybe women right it's just like I don't I don't say they obviously there's drawbacks to most and would like I think is the is a bit in the copyright communities convert
this religious discussion between licensing and exceptions and limitations as a mechanism for that we need to make their are areas were licensing works perfectly well take the the the radio system right like that radio broadcasters can displayed play whatever music they want to have a a bake them collectivizing just
what so I sing as such is not a bad thing but because there's the thing that actually maybe the creator earns substantial and substantial amounts
of money from radio play and that's the other part that we need to you need to keep in mind that I wanna say like I don't I don't care about the maker think do we need to look at at the dual objectives and then choose the mechanisms accordingly and that's why I think probably like that's why why midpoint point yes licensing is good thing in rich countries like Norway where everything's well-organized licensing is a is a stupid terrible idea in a country like Malta for example because Malta doesn't even have a collecting society yet the European Commission says like to fix that problem in Malta we need to extend the mandate of Maltese collecting societies which do not even exist I mean that is that we need to look at the objective test point I think there's
room for a fixable exception class kind of collective licensing arrangements as well and I
don't think anybody and that's kind of the view that was taken in history education sector the 1 danger I just have to point out that we don't we don't have there are some people that public interest users that is the message within reason and in relationship to the education you had the result which happens in Australia we we have a statutory license game that sit out seriously and 55 pages of Copyright Act 5 lawyers understand which which I'm 1 of them and not there was set up for was to react to the photocopier the the law was updated in 2000 and then we have the internet's when they have to add the law in 2000 even think about things that they were thinking about the books not about the instantaneous change at the everything so suddenly it because of the extension of the compulsory license and statue license we survey found ourselves paying the stuff that no 1 in their right mind would pay for the enel which is freely available into the material yeah and so the
teachers required to fill out survive forms model teachers with the schools you know there was there to and suddenly we find ourselves
paying for things on Google images of flicker which account funny enough for or you paying pipe . org which I don't think the part of the Catholic Church put anything of phonemes on the off chance strain school might actually copy it for education they give a license to discuss the the blanket license approach is very dangerous if you don't have exceptions to balance it out and it can end up creating a market that doesn't exist in euros the world except for Australian so that system you know a licensing often that you get told or licensing is that the solution I go it's not the only solution is part of the solutions to OK this is the
final call if you have a questions speak up right now of great it worked with an
interview on dealing with these things a lot of time I wanted to set you could imagine if you use scheme combined with some kind of remuneration scheme by collecting societies and every time you I come up with
that idea and talk to European people they say well how can you allocate the money that's what call called you paid for what
you paid if you don't have a fixed rules right nowadays it's like and you can make a copy for school and educational purposes whatever it is and then you pay a
quarter of a hundredth of a 2nd or whatever and then you can allocate the money somehow right it's the words for less
good but if you have a lump sum rule like basic open norm kernel like the used in use and harder to allocate the money which you were pulling side is role to exclude those types materials in what I could but I would be a return because I negotiate with the committee decides on behalf of all the schools in Australia and all the types of Australia and so it's a you know that I have to count each school and get for instance and that happens in the UK it happens in Canada as well with the Clinton societies that it is possible because what you wrote the where they get the information in Australia is there the a certain number of schools recalled but they copy proteome weeks at different times of the year or they would what they do online for full weight at different times a year that does that is what the Clintons society's use to work out who gets what and how much they get they also required under President protocols with us to explore things like Creative Commons licensed material or material assigned by the government or material it's clearly states is that you can use as we educational purposes so that as the Clintons aside as well as to actually make sure that they have the right part of work by distributing on and that is what they're all
less the not just the latest setting the agent is taking jobs are not looking at and sigh orders payment and willy-nilly their role is to explain with that out and as it as a national copyright director I consent I
should never sit down with them and we're out parameters and guidelines about what's in around 1 minute so that I as low time it OK
so then interrupt the discussion for the last element of our session which is the request for your help on the copyright reform will not happen based on the work of a small group of activists we also need the support of people like you
showing that this is important and in particular there are others as being raised in this reform of sometimes education heritage he just a bit sidelined I hope will convince you
know that this is about through the fundaments of our society so what can you do were running a campaign called Let's make up right right right now for education and you can get your smartphone hand the telephone you know whatever you have go to write copyright you side you can choose your language we've got that thing 15 of them covered in and sign a petition of this is pure a click activism that it really works because then we take your all supported and
show it in Brussels and it really makes a difference so be very grateful for your help and also for sharing are complaints and with this will
end and leave you with your phones and hopefully you're typing away now very quickly and diligently Delia that you signed the campaign that great thank you very much and thank you very
much to all of you for this session
which
I cried I hang
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Metadaten

Formale Metadaten

Titel Copyright Untangled - Fixing copyright for the 21st Century
Serientitel re:publica 2017
Autor Browne, Delia
Keller, Paul
Tarkowski, Alek
Nobre, Teresa
Lizenz CC-Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen und das Werk bzw. diesen Inhalt auch in veränderter Form nur unter den Bedingungen dieser Lizenz weitergeben.
DOI 10.5446/33103
Herausgeber re:publica
Erscheinungsjahr 2017
Sprache Englisch

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract The internet has created new possibilities for online learning and universal access to the collections of museums, archives and libraries. Europe is discussing an update of its copyright laws that has the potential to remove some of the limitations to those activities. But unless we are able to change what is on the table, Europe will be stuck with inflexible rules. In this session we will discuss the opportunities to make copyright fit for education and culture in the 21st century.

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