Creative Commons Watching Czech Copyright Law DevelopmentAdded: Sunday, September 5th, 2010
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Recently the story broke that the Czech government was preparing a draft for a copyright bill which could legally gut the usability of Creative Commons license. Of course, the latter decided to monitor the situation.
Seems like this draft became famous throughout the globe, mainly thanks to its suggestion that the government should demand anyone willing to opt for a Creative Commons license to first submit their work to a copyright collective. Besides, the copyright holder needs to prove that the submitted work is authentic. Then, and only then, the work would be allowed, under the draft bill, to be licensed under Creative Commons.
Many understand that this kind of restriction would legally gut the Creative Commons license, and therefore argue that if the bill is put in place, all of the works should have this restriction, including copyrighted content.
The visitor on Slashdot even suggested that this draft actually violates the Berne Convention, as it says clearly that copyrights for creative works become automatically enforced right upon their creation, and no assertions or declaration are required in countries adhering to the Convention. This means that as soon as a work appears in the fixed form – for example, written or recorded on any physical medium, the author of the work gets automatically entitled to all the copyrights until they expire. Besides, foreign authors are also given the same rights to copyrighted content in any of the countries having signed the Convention.
Unsurprisingly, Creative Commons decided to take notice. Their spokesperson, Diane Peters, confirmed that they had been watching the development of the Czech copyright bill. As far as they know the situation, there are a number of changes proposed, intended to improve the legislation with respect to Creative Commons. But still, there remain some other troublesome parts, like the suggestion to include the general royalties in the price of media and copying machines, which would be a problem for everyone, not just Creative Commons.
Peters understands that the new Minister of the country has suspended the movement on the draft in order to address some of the above mentioned issues, and the bill will be discussed again later. Well, it’s interesting to watch the development of the Czech law and see whether all those controversial provisions will be axed before the bill is officially tabled or not.
September 5th, 2010Posted by:
Sunday, September 5th, 2010No comments
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