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Creative Common launches free Internet licensing of digital works

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Local authors, artists, educators, scientists, bloggers and other “creators” whose works are published or distributed on the Internet can now have their digital creative works protected and at the same time made known to the world without the limitations associated with copyright.

This as Creative Common (CC) Philippines last Monday launched CC-PH License Version 3.0, which can be used free of charge.

CC, a non-stock, non-profit global movement of prestigious organizations and stakeholders in more than 50 countries, provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. They can use CC to change copyright terms from “All Rights Reserved” to “Some Rights Reserved”.

Among the works that can be covered by a CC license are books, websites, blogs, photographs, films, videos, songs, and other audio and visual recordings.

According to CC Philippines legal and public lead Jaime Soriano, CC gives creators of digital works the option to let the world know exactly how they want their works or creations used, distributed or even exploited.

“The purpose of the CC movement is to allow creators of works published and distributed in cyberspace to choose the freedom they want to allow for the use of their work,” he said.

Soriano explained that while the existing copyright regime applies and provides legal protection to intellectual property works expressed in digital form, this legal safeguard could also stifle creativity, public exposure and, in a sense, impose some restraint on the creator’s freedom of choice particularly on the manner on how the “netizens” could use, exploit or distribute the work.

“While in copyright, one has to seek permission to use a work, in CC, permission has already been granted. But the creator still can control use, such as when he wants attribution, or wants to limit use to non-commercial uses, or whether he will or will not allow modifications to the work,” he said.

He emphasized that CC is not anti-copyright. “On the contrary, it is based on, and works within the framework of copyright and recognizes that every intellectual creation in the digital world is entitled to both legal and moral respect,” he said, adding that CC can be used in conjunction with commercial license arrangements which means that one can permit the general public to use his work under a CC license and enter into a separate and different non-exclusive license with someone else for money.

While copyright principles are almost uniform in every country that recognizes it since the 1886 Berne Convention for the Protection of Literary and Artistic Works, some of its terms still vary. Thus, CC embarked on porting its licenses in each country affiliated with it to make sure that local CC licenses conform to domestic copyright laws.

“The CC-PH License is important because the generic license of CC is patterned after that of the US. Remember that copyright is territorial. For instance, the US has no concept of moral rights in its copyright law while Philippine copyright law has. Thus, porting the license and coming up with a local version of the license is important to make it enforceable here,” Soriano added.

Arellano University School of Law (AUSL), through its e-Law Center, is the lead public institution for CC-Philippines.

The Philippines has successfully ported its local CC license last Dec. 15, 2007, and is now available for “pinoynetizens” to use. This makes the Philippines the 42nd country in the world to port the CC license. Version 3.0 is the most recent version of the license.

Last Jan. 14, the AUSL held the official public launching of CC- Philippines and its ported licenses. AUSL vice president for administration Dr. Florentino Cayco III noted: “It is an honor for AUSL through the Arellano Law Foundation to be a part of Creative Commons which would open avenues for our creative minds to be known internationally.”

Artists, educators, scientists, authors, bloggers and creators of works who use the Internet as a medium may now avail of the CC Philippines License Version 3.0 by visiting the website—www.creative_commons.org or www.philippine_commons.org, and there they can choose their option or freedom. CC, however, does not apply to software.

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