Creative Commons Aotearoa New Zealand discussion

[Richard White <richard.white AT otago.ac.nz>]

We discussed the flexible approach a la US fair use and whether it would work here in the copyright session at NetHui South, led by Ross Young, who is Google NZ’s policy manager.  An independent study has shown the system is actually worth some unimaginable number of dollars to the US economy (report is here: http://www.ccianet.org/CCIA/files/ccLibraryFiles/Filename/000000000354/fair-use-study-final.pdf ) because of the way it enables knowledge and content to flow more freely, sparking innovation and trillions of dollars of exports.  Australian research, conducted by Lateral Economics, predicted a similar benefit if adopted over there, coming up with the figure of an AU$600 million benefit from flexible exceptions to copyright ( http://digital.org.au/content/LateralEconomicsReports ).

 

At the NetHui there wasn’t much discussion of this, though Ross tried to get some discussion going specifically on this point, largely I think  because I think it’s a bit more advanced than most people understanding of the copyright debate (e.g. music/movie execs are rich, therefore shouldn’t care about people downloading their movies).  But I spoke up in favour of it – obviously representing the perspective of someone working in a tertiary organisation for which access to knowledge is vital and greater flexibility would remove a lot of barriers for us.  There still needs to be the right balance for creators of content of course; but the legal framework needs to reflect the environment we find ourselves in and to promote the adoption of business models that work with this environment.

 

We find ourselves in this situation partly because whenever we do trade deals with the US we get a whole lot of restrictions imposed but don’t have the balancing power that they have in fair use.

RW

 

From: cc-nz-bounces AT lists.ibiblio.org [mailto:cc-nz-bounces AT lists.ibiblio.org] On Behalf Of Ian Thomson
Sent: Monday, 14 January 2013 2:26 p.m.
To: Creative Commons Aotearoa New Zealand discussion
Subject: Re: [Cc-nz] Submissions on Copyright Reform in Australia

 

Oops. Thanks Richard.

I missed the combined submission.
Thanks for the review.

Re your comments about the US verses the UK/Aus approach was validated in another submission I was reading from Ericsson (my old employer) where they said the file sharing (assumingly illegal) stands at 14% of users in the US, but 34% in Aus. They cited a general availability of affordable fresh content as the main factor.

At the University of the South Pacific where I work, there is a strong understanding and respect of copyright, but generally the region has a poor record in respecting copyright.

OER's will be very important for education in the Pacific, cutting the cost of text books and hopefully making Education for All more realisable.

Ian

On 14 January 2013 14:07, Richard White <richard.white AT otago.ac.nz> wrote:

Ian (et al),

 

There is a submission from Universities Australia, which represents the 39 universities, just as Universities NZ represents our 8.  The submission therefore represents a united front.  Sydney’s individual submission is specifically noted as being alongside the Universities Australia one, commenting further on specific issues.

 

I haven’t read the full submission from Universities Australia, just the summary, but it broadly says things I hope Universities NZ will say when it submits to the NZ copyright review in due course.  I sit on the UNZ copyright group representing Otago but hasten to add this is my view, not that of UNZ necessarily. 

 

The gist of the Universities Australia submission is that there needs to be a more flexible, technology-independent system for educational institutions to be able to use copyright material in ‘fair’ ways that would.  In other words what they’re asking for is something more akin to the US system of fair use, which is driven by the famous four factors; our legislation is based on UK law and is similar to Australia’s in that is based around specifics, which  can be incredibly difficult to interpret in each unique case (e.g. you can use text from XYZ if it’s a collected edition over 25 years old or more, but not the photos, which were used with permission by the editors, and taken on a Wednesday by a man wearing a straw hat, etc.).  A more flexible regime would be great here too, from my perspective: we have a culture of fear around fair dealing which means no-one really relies on it when they probably could.  If I want to critique a graph in an article why not allow use of it in my research publication, when my inclusion of it is non-profit and only really likely to increase reading of the source?

 

Regards

Richard

 

Richard White | Subject Matter Expert, Student Management System Project & University Copyright Officer

Darwin House | 61 Clyde Street | University of Otago | Dunedin | New Zealand

Te Whare o Darwin | 61 Clyde Street | Te Whare Wānanga o Otago | Ōtepoti | Aotearoa

richard.white AT otago.ac.nz | rkawhite on Twitter | Copyright info for staff & students | Open Otago blog | LinkedIn

 

 

 

 

 

From: cc-nz-bounces AT lists.ibiblio.org [mailto:cc-nz-bounces AT lists.ibiblio.org] On Behalf Of Ian Thomson
Sent: Monday, 14 January 2013 1:24 p.m.
To: Creative Commons Aotearoa New Zealand discussion
Subject: Re: [Cc-nz] Submissions on Copyright Reform in Australia

 

Thanks Shees (and Mark)

I find it very curious that there are only 2 or 3 submissions from Education institutions (and only one from a University)

Ian

On 14 January 2013 12:15, Mark Crookston <Mark.Crookston AT dia.govt.nz> wrote:

 

Apologies for cross-posting….

 

Sheesh,

 

Submissions to Australian Law Reform Commission Issues Paper entitled "Copyright and the Digital Economy" around the planned reform of the Copyright Act number 280 organisations and 278 individuals, and counting……..

 

http://www.alrc.gov.au/inquiries/copyright-and-digital-economy/submissions-received-alrc

 

A quick skim of some of the library and archive submissions makes quite good reading.

 

Mark

 

 

 

Mark Crookston

Digital Collection Strategy Leader

The Alexander Turnbull Library

National Library of New Zealand Te Puna Matauranga o Aotearoa

The Department of Internal Affairs Te Tari Taiwhenua

DDI: +64 4 4704492

http://www.natlib.govt.nz

 

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Ian Thomson
e-Learning Fellow, USP
Suva Fiji
Phone +679 8640344
Wellington New Zealand
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Ian Thomson
e-Learning Fellow, USP
Suva Fiji
Phone +679 8640344
Wellington New Zealand
Phone +64 (0)22 0946411