1 «Creative Commons» Introduction and Armenian Reality Movses Hakobyan Project Director Center for Information Law and Policy Yerevan, Armenia

2 Creative Commons Project in Armenia Support to the Adoption of Creative Commons Licensing Framework in the Countries of South Caucasus. - Since July 2008 with support of Eurasia Partnership Foundation - Internews’ Center for Information Law and Policy (Project implementer)

3 Creative Commons, Inc. Creative Commons is a Massachusetts-chartered tax- exempt charitable corporation. For more information, see Founded in 2001 with the generous support of the several renowned organizations. One of the founders is Stanford law professor Lawrence Lessig. December first release of a set of Copyright Licenses free for public use.

4 Alternative to Traditional Copyright Licensing Inspiration by GNU General Public License (GNU GPL) D evelopment of a Web application for Licensing as a tool for: Dedication to public domain, or retaining copyright while licensing them as free for certain uses, on certain conditions.

5 CC License Conditions Attribution. You let others copy, distribute, display, and perform your copyrighted work and derivative works based upon it — but only if they give credit the way you request. Noncommercial. You let others copy, distribute, display, and perform your work and derivative works based upon it — but for noncommercial purposes only. No Derivative Works. You let others copy, distribute, display, and perform only verbatim copies of your work, — not derivative works based upon it. Share Alike. You allow others to distribute derivative works only under a license identical to the license that governs your work. Note: The Share Alike requirement applies only to derivative works. Mixing and matching these conditions may produce possible combinations

6 © - All rights reserved, PD - Public Domain, Creative Commons (CC) – some rights reserved. Creative Commons Spectrum

7 Protected Works under CC Websites, Scholarship, Music, Film, Photography, Literature, Courseware, etc. Exceptions and Limitations Fair use or fair dealing Facts and ideas

8 Completed Licenses Creative Commons licenses, now ported to 47 jurisdictions ( licenses linguistically translated and legally adapted to particular jurisdictions) - UK, France, Belgium, Italy, Norway, Sweden, Germany, Austria, Croatia, Slovenia, Romania, Serbia, Spain, Portugal, Switzerland, Finland, Poland, Malta, Macedonia, China, India, USA, Israel, Canada, New Zealand, S. Africa, S. Korea, Japan etc.

9 CC Porting Still in Progress The process of developing licenses are still in progress for the 8 jurisdictions – Ukraine - Singapore – Guatemala - Thailand – Hong-Kong - Jordan – Nigeria - Ireland. Newly Launched 10 Project Jurisdictions Armenia, Georgia, Azerbaijan, Turkey, Czech Republic, Egypt, Tanzania, Tunisia, Vietnam.

10 Use of CC by State and Other Bodies 1. Armenia - Official website of the Armenian President. CC License BY-ND 3.0 Unported Spain - Ministry of Justice of the Government of Catalonia 3. Australia – Government, Department of Innovation, Industry, Science and Research. ome.aspx ome.aspx - National Library of Australia - Open Access Sydney's Powerhouse Museum

11 Use of CC by State and Other Bodies 4. Mexico - President Felipe Calderon Official Website - National Sports Commission Netherlands Creative Commons Licensing for the Public Sector 6. OECD (Ogranization for Economic Co-operation and Development) 7. Colombia - Official website of the Colombian Biodiversity Information System depending from the Ministry of Environment.

12 Legal Obstacles for CC Generic License “Attribution-NonCommercial-ShareAlike 3.0” 1. Due Form of License 2. License Nature 3. Dedication to Public Domain 4. Right to Withdrawal (Moral Right), 5. Representations and Warranties

13 1.Due Form of License (Legal Obstacles) Law on Copyright, Article 40 (8) - prescribes obligatory written form for license contracts (agreements) Civil Code, Article 450 (2) - contracts might have facsimile or electronic form only if it is possible to exactly identify the signatory party whether as an offeror or acceptor.

14 1. Due Form of License (Legal Obstacles) Law on E-Document and Digital Signature Article 4 - protected e-document implies presence of one or several electronic signatures.

15 2. License Nature (Legal Obstacles) Copyright Law, Article 39 (2), license contract shall be compensative. Civil Code, Article 305-Invalidity of a Transaction not Corresponding to the Requirements of a Statute or to other Legal Acts.

16 2. License Nature (Legal Obstacles) Copyright Law, Article 13 - contract on waiving the authors’ remuneration shall be null and void. Compensative nature of copyright contract vs. “Freedom of Contract” (Civil Code) and Free disposal of own property (Constitution).

17 3. Dedication to Public Domain (Legal Obstacles) Mechanism is absent in Armenian Legislation.

18 4. Right to Withdrawal (Legal Obstacles) Rights to Withdrawal and Revocation are protected under Armenian legislation. On the other hand, CC licenses are non- revocable.

19 5. Representations and Warranties (Legal Obstacles) Implied warranties shall be reinforced in clause 5 of CC License.

20 THANK YOU Movses Hakobyan Project Director Center for Information Law and Policy