[A2k] Users' rights

Sat Jun 27 08:04:02 2009

One could think of a set of rights...

Farmers rights, although perhaps not well defined in some areas, are one
example.

I'm not an expert on copyright, some I'm not sure how one might develop
this further.

In education, you could think of "students rights," "teachers rights"
and "scholars rights" has having somewhat different sets of user rights,
not subject to remuneration.

In music, artists should have some rights to reuse elements of music,
and listeners might have separate rights to make private copies, share
non-commercially (as in Switzerland), back-up, annotate,..    Critics
might also have some rights.

Etc.

In KEStudies.Org, there are three sets of rights.  Authors rights,
publisher rights, and the Public's Rights.  The public's rights are
described below:

http://www.kestudies.org/ojs/index.php/kes/about/submissions#copyrightNotic=
e

3. Public=E2=80=99s Rights. Knowledge Ecology Studies is a journal dedicate=
d to
the open exchange of information; therefore the Author agrees that the
Work published in the Journal be made available to the public under two
licenses: A Creative Commons Attribution-Noncommercial-No Derivative
Works 3.0 License and a Knowledge Ecology Studies Developing Nations
License.

The Knowledge Ecology Studies Developing Nations License will provide
the members of the public accessing the Work from a developing country=E2=
=80=94
any country not classified as high-income economy by the World Bank=E2=80=
=94with
the option to obtain all the rights granted under the Creative Commons
Attribution-Noncommercial-No Derivative Works 3.0 License on a
commercial basis (See:
http://creativecommons.org/about/licenses/meet-the-licenses), as long as
they implement reasonably effective mechanisms to prevent access to the
Work by members of the public located in high-income economies as
classified by the World Bank.

On Fri, 2009-06-26 at 20:37 -0500, Janice Pilch wrote:
> Users=E2=80=99 rights is the right concept, but I think it=E2=80=99s slig=
htly off. We call someone a user when they are parasitical, when they use o=
ther people. Would something like =E2=80=9Cpublic rights=E2=80=9D be better=
? Limitations and exceptions maintaining the longstanding function of copyr=
ight law in society should be viewed as public rights, balancing the privat=
e rights to information also granted in copyright laws.
>
> Janice Pilch
>
> ---- Original message ----
> >Date: Fri, 26 Jun 2009 19:31:35 -0400
> >From: James Love <james.love@keionline.org>
> >Subject: Re: [A2k] Users' rights
> >To: "A.C.Story" <A.C.Story@kent.ac.uk>
> >Cc: "a2k@lists.essential.org" <a2k@lists.essential.org>
> >
> >I like users rights.
> >
> >For plant varieties protection, there is something called farmers
> >rights... http://www.farmersrights.org/
> >
> >On Fri, 2009-06-26 at 18:44 +0100, A.C.Story wrote:
> >> For several years and again in the last few days, this list has been d=
ebating whether the words ----dare I say them? ---- =E2=80=9Cintellectual p=
roperty=E2=80=9D should ever be used and the political consequences of doin=
g so. Could I suggest that we should just agree to disagree and move on=E2=
=80=A6.
> >>
> >> Meanwhile, there seems to be no thought given at all to the consequenc=
es of endlessly repeating the words: " copyright limitations and exceptions=
." This phrase is freighted with a political/legal meaning, namely that cop=
yright restrictions and the monopoly position of copyright owner are the no=
rmal and natural state of the world. And further, that everything else, suc=
h as the right to use a copyrighted work, is a mere table-scrap or an oddit=
y, that is, an exception to the way the world of copyright should work. Is =
it any surprise then that =E2=80=9Climitations and exceptions=E2=80=9D is t=
he phrase of choice exclusively used by WIPO officials and most copyright o=
wners?
> >>
> >> Why don=E2=80=99t we instead use the words =E2=80=9Cusers=E2=80=99 rig=
hts=E2=80=9D? This phrase communicates the fact that the rights which users=
 have are rights created or granted by the state ---- just as copyright is =
a state-created right, by the way
> >> ---- and that they are not a favour granted by copyright lords for use=
 by us copyright =E2=80=9Cpeasants.=E2=80=9D
> >>
> >> Mind you, I see it as rather beside the point to tirelessly challenge =
every person on this list who uses the phrase =E2=80=9Climitations and exce=
ptions=E2=80=9D. It might be productive, however, if WIPO spokespersons and=
 other copyright fundamentalists were occasionally challenged on their word=
ing of choice and phrase =E2=80=9Cusers=E2=80=99 rights=E2=80=9D was employ=
ed instead. I saw this done once, and boy, did the veils drop away quickly =
and the real political stakes come to the surface.
> >>
> >> It is very difficult to take apart the lord=E2=80=99s copyright manor =
if we keep using the lord=E2=80=99s words.
> >>
> >> Best
> >> Alan Story
> >>
> >> Alan Story
> >> Senior Lecturer, Intellectual Property Law
> >> Kent Law School
> >> University of Kent
> >> Canterbury Kent
> >> United Kingdom      CT2 7NS
> >> acs3@kent.ac.uk
> >> _______________________________________________
> >> A2k mailing list
> >> A2k@lists.essential.org
> >> http://lists.essential.org/mailman/listinfo/a2k
> >
> >--
> >James Love, Director, Knowledge Ecology International
> >http://www.keionline.org | mailto:james.love at keionline.org
> >Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.4=
13.6584
> >
> >_______________________________________________
> >A2k mailing list
> >A2k@lists.essential.org
> >http://lists.essential.org/mailman/listinfo/a2k
> ----------------------------------------
> Janice T. Pilch
> Associate Professor of Library Administration
> Modern Languages and Linguistics Library
> University of Illinois at Urbana-Champaign
> 1408 W. Gregory Drive, Urbana, IL 61801
> Tel (217) 244-9399
> Fax (217) 333-2214
--
James Love, Director, Knowledge Ecology International
http://www.keionline.org | mailto:james.love at keionline.org
Wk: +1.202.332.2671 | US Mobile +1.202.361.3040 | Geneva Mobile +41.76.413.=
6584