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  • From: Tomislav Medak <to-me AT mi2.hr>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: [Cc-europe] iSummit session on internal/international CC governance, was: Re: Fwd: Creative Commons International - letter from the jurisdiction project leads
  • Date: Tue, 13 May 2008 17:12:02 +0200

Dear all,

In line with the conclusions we made in Vilnius and pursuant the intent
articulated between CC projects there to initiate a discussion on CC
governance with the CC board, which was started today with the letter
that was sent today, Prodromos and me have made a submission for a
session in the framework of iSummit'08, proposing to discuss issues of
1) internal CC international governance and 2) CC's position in
international IPR governance fora.

The submission proposal could not wait for the letter to be sent out
first, because the submission process was closing. But was written on
the premise that such a letter would eventually be sent. Because it was
submitted before the letter sent today was made public, we have focused
more on representation in international governance, but the submission
formulated so that it can swing both ways: to discussion of internal
governance or to discussion of international governance. In the
meanwhile, the submission was accepted and a panel session slot will be
allocated. I'm attaching the submission.

Now, it's up to this group to decide:

1) which of the two focuses do we wish the panel to take or we wish to
stay with both,

2) whom do we want to give floor to on behalf of CC board and on behalf
of CC project leads,

3) if we want this panel to be kept private to CC board, CCi and CC
project leads or if we want to make it public for the rest of conference
participants.

This we can discuss here on the list and at the next Communia event in
Leuven, and Pro and me will operationalize the decisions taken.

Best regards,

Tom

Title: International IPR Governance, Internal Deliberation and Creative
Commons

Abstract:
International and regional institutions such as WIPO or the European
Commission increasingly constitute the fora where the decision making for the
future direction of IPR policies takes place. Whereas global,
commons-oriented organizations, such as Creative Commons, are acknowledged as
important stakeholders in the process of global IPR policy formation, they
have often been absent from the consultation process.

Taking into consideration the importance of consultations as an IPR policy
instrument in national, regional and international level, we seek to examine
the way in which Creative Commons could be more actively and substantially
involved in such processes.

Creative Commons having an organizational structure comprising both of
national projects and global headquarters has the potential of playing a key
role in the formation of such policies. Such role would be compatible with
its intent to produce tools for supporting a moderate Copyright policy and
could constitute an important add on to the licence building and maintenance.

The lack of adequate involvement in such consultation procedures in the local
or international level may be the outcome of several factors, both external
and internal. External reasons may relate to the resistance of existing
stakeholders to accept pro-commons rather than pro-property input or to the
institutional design of international consultation and decision making
procedures that may prohibit legally or practically organizations like CC to
participate in such discussions. Internal factors may relate to the capacity
of organizations like CC to coordinate as a single entity, to produce common
positions and to be aware of the consultations happening in the local level
and their impact on the international or regional level. For instance,
whereas national CC projects leads may participate to national consultations
there is no set procedure either for transferring this knowledge across
jurisdictions or scaling it up in the international level. What we further
need to explore is the mapping and relationships between various
commons-advocacy organizations and CC all over the world and how
inter-organizational collaboration may be achieved.

In this session we propose to discuss if and how Creative Commons and its
international projects in now over 45 countries of the world - as one such
global commons-oriented organization - should strive towards setting up an
internal process of co-ordination and consultation on important IPR-related
policy proposals being debated in national and international forums.
Furthermore, should this internal process be set up, what structure needs to
be created in order for it to effectively advocate its positions at
international forums.

Among our objectives is the suggestion of specific tools that we should be
developing in order to achieve better participation to local-global IPR
decision making procedures. Such tools could be of three types: (a)
organizational (e.g. procedures for decision making without over-burdening of
national representatives) (b) legal (i.e. development of common positions in
relation to e.g. Copyright Exceptions/ Fair Use/ Fair dealing or Orphan
works) and (c) technical (e.g. wikis, document repositories or on-line fora)

Moderators:
Tomislav Medak, Prodromos Tsiavos

Participants:
CC-board member(s), CCi-representative, representatives of CC-affiliates from
different continents and continents, representative from regional CC groups
(e.g. CC Asia, CC Europe)

Follow-up:
We view this event as a starting point for a broader discussion regarding the
ways in which CC could move into the next stage of its development as a
local-global organization aiming at the production of tools supporting the
commons. The discussion could be advanced both in the regional (e.g.
Australia-Asia, Europe, America, Africa) and national level. Provided that we
are able to suggest an initial structure or a communication procedure we may
start working on the CC representation in the next specific regional (e.g. EU
consultation on orphan works) or international (e.g. WIPO on exceptions)
consultation.



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