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  • From: Paul Keller <pk AT kl.nl>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [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 15:21:38 -0400

On 13 May 2008, at 11:12, Tomislav Medak wrote:

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,

i guess we should stay with both. although i have the feeling that a *panel* is better suited for the international governace issue and some other format might be better suited for the internal issue (although it needs to be something structured)

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

i guess on behalf of the board it comes down to who will be at the summit (as dar as i can tell very few cc board members will be at the summit). i would make that dependent on who is reacting to the letter. On behalf of the project leads it might make sense to discuss these issues regionally and have regional representatives.

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.

i guess the internal issues should be discussed in private. the international stuff can and should be discussed in public.

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.

i have put up a page on the jottit space to collect issues to be adressed in leuven, which could later be transformed into and agenda. see it here:
http://cc-europe.jottit.com/3rd_cc_europe_meeting_aganda

cheers, paul



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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