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  • From: Patrick Peiffer <peiffer.patrick AT gmail.com>
  • To: Teresa Nobre <teresaraposonobre AT gmail.com>
  • Cc: Tarmo Toikkanen <tarmo.toikkanen AT aalto.fi>, "cc-europe AT lists.ibiblio.org" <cc-europe AT lists.ibiblio.org>, Alek Tarkowski <atarkowski AT centrumcyfrowe.pl>
  • Subject: Re: [CC-Europe] info on practical issues with L&E for education in Europe
  • Date: Thu, 18 Jun 2015 18:29:21 +0200

Dear all,
Might be useful to check against this WIPO document "Study on Copyright Limitations and Exceptions for Libraries and Archives", it's just been updated, but rather generic.
http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=306216
Patrick

On 11 June 2015 at 16:52, Teresa Nobre <teresaraposonobre AT gmail.com> wrote:
Hi everyone,

1s clarification: My research is focused on educational resources only and not in education in general. I've only analyzed L&E that have an impact on the creation and development of resources: quotations, compilations and other L&E related with the use and reuse of a protected work in a new work. I didn't analyze those L&E that deal with educational activities in general, like screening a movie inside of a classroom, etc.

2nd clarification: When we released this draft report 1y ago we asked people to provide me with feedback on it. Due to resources limitations, I could only rely on the local legal provisions. As we know interpreting legal provisions without looking at case law or literature it's almost impossible. I made all the necessary disclaimers, so that no one would look at it as a final report. We got good feedback for doing the analysis, but unfortunately I didn't get almost any feedback on the way I had interpreted the provisions. So, if you are looking at this now, please take the time to help me updating the analysis with regards to your country, to be as accurate as possible.

With regards to Finland, Tarmo, have you looked at the Excel files? There are several comments with regards to Finland. Also, it is stated that e.g. for compilations online uses are not permitted. If you could read through the materials and provide me with more specific feedback, it would be great. 

Best,
Teresa



2015-06-11 12:45 GMT+01:00 Tarmo Toikkanen <tarmo.toikkanen AT aalto.fi>:
Hi Alek,

I'm maybe the leading legal help for teachers in Finland. I can immediately see that the comparative table of the report is flawed for Finland, stating much more lenient rules that are actually in place. It seems a "yes" for a certain activity is recorded if there's even some provision for that activity. Sadly, many of the education-related provisions are tied to print media and face-to-face education (most, in fact).

In Finland, the legality of presenting video material is totally unclear. Movie companies of course sell rights to schools, but the issue is not clear. In general, any derivative work creation by students is also in the dark; there's no legal provision that allows it, but nobody seems to mind as long as no commercial interests are violated. The question of whether a classroom and its activities would be considered a private venue, is also unclear.

How should we proceed?


On 09/06/15 08:57, Alek Tarkowski wrote:
Dear all,

We're preparing for the Communia project an article about the copyright exception for educational purposes. We're building on Teresa Nobre's research (http://oerpolicy.eu/our-new-report-on-educational-resources-end-copyright-exceptions-and-limitations/) , but we're also  searching for cases of practical issues challenges with this exception - we'd like to know what works badly with current law, at best on specific examples.

Maybe you have any observations or reflections relating to your country? Or you know of any articles, reports, studies on this issue?

For example in Poland directors of schools have problems with such organizations as Motion Picture Licensing Company. They are forced by MPLC to buy their "umbrella licences" because according to the Polish copyright exception for educational purposes it’s not clear when a teacher can show a movie without a consent of the copyright owner. You may have heard about something similar in your country?

I'd be grateful for any information. 

best, 

Alek
--
dyrektor, Centrum Cyfrowe Projekt: Polska
Twitter: @atarkowski 
polecam: 





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-- 
Tarmo Toikkanen
researcher, tarmo.toikkanen AT aalto.fi
Learning Environments research group, http://legroup.aalto.fi
Creative Commons Finland, http://creativecommons.fi
Aalto University, http://aalto.fi

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