Important notice on COPYRIGHT

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Template:Policy Proposal

Fair Use Notice

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of peer to peer dynamics.

If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair dealing' and/or 'fair use', you must obtain permission from the copyright owner.

This means that our Creative Commons rule only applies to material that is originally written for our site, and only concerns a limited amount of documents.


Some practical recommendations

Please note there are two kinds of pages here.

1) The "impersonal ones", that are continuous upgrades of third party material and citations, through a process called opportunistic updating, which is in agreement with Fair Use or 'fair dealing' (Canada) principles.


In such pages, it is not recommended to copy the full article; instead, please copy only the paragraph that is relevant to the topic at hand. These original quotes should not be modified, and should always be sourced. If you add any comments, then such a personal voice should be stated as such. It is recommended to use the talk pages first in case of disagreement. Additional notes about [[formatting are being collected here.


2) personal project pages, where individuals describe their own concepts and projects. Also in this case, respect the individual voice of the author, but these pages should be clearly stated as such.


Notes on how the P2P Foundation Wiki is used

The P2P Wiki is a part of the P2P Foundation Knowledge Commons. In short, this wiki is a collection of links, references, excerpts, and original writing about P2P. The wiki grows in number of articles and quality of organization every day, and works in conjunction with the P2P Foundation Blog, and the P2P Foundation Social Publishing effort.

The wiki itself serves asa reference, a catalog, and a workplace for contributors who are elaborating and extending P2P Theory. Because the wiki itself serves a number of purposes, we've done a little work on listing those uses and user needs here as best we can. If you feel that a need of yours is not listed here, please feel free to add it in, submit it to the P2P Research List or contact any of the users listed as contributors to this page. What follows are the ways we are aware of this wiki and it's content being used. Our licensing of the wiki and use of Copyright protected materials in a Fair Use way, and additional policy in regards to the wiki, is developed in relation to these needs. This list segments the needs by user, numerating the ways the content is used.


Discussion

Carolina Botero, IP expert in Colombia, writes:

"You are using "citation" or quotation fair use or exception (depends on the legal regime of each country) and this is legal, it is even legal to reproduce that 3rd party content because it is part of yours now... I mean, if I find an article of yours that includes citations of several other people and you have a license that allows me to do everything (lets say a CCBy) with your article, this is lawful, because you are not using ALL the ORIGINAL CONTENT of the third party but a part of it to ilustrate your point. So really is a new content that can circulate on its own.

Moreover, if this article has an image to ilustrate it and the image is CCBYNDNC, and you point this out together with the rest of the information for the image, there is no problem, if I want to use the article and translate it to spanish, plus sell it as part of a book I have to use my judgement to exclude this image or ask for the correct authorization for it since I do not have permission to sell it (the translation is not a modification of the image but of the text, so no problem there)

Many of the books you buy rely on other´s content and use 3rd parties materials supported on citation and still is the author´s call to decide how it circulates, it is just the same with your material on line. So long you correctly state what is yours and what is not, it is really your audience call to judge how to use it. You can include to the license an statement such as: Content in this blog is licensed with .... unless otherwise stated, here you are leaving the door to that judgement in a more specific way." (email June 2010)

Adapted from an email submission from Andres Guadamuz IP expert via email ~

There is no such thing as fair use in European copyright law. Fair use is an American doctrine. We have fair dealing, exceptions and defences, but no fair use. It is an important legal point. It is best to use the policy of the jurisdiction in which the organization is located.

I believe that what you are doing is indeed protected under fair dealing, although I am not familiar with the particulars of Dutch law, citation for research purposes is permitted.

The important thing to consider with regards to the licence is that you cannot licence other people's work, so the main question is whether you have done enough to allow your work to gain its own copyright, in other words, is P2P Wiki an original work? This is a more complex question, and while I personally think that it is, I can also see how one could argue that the site is not.

Let's assume that the Wiki indeed has its own copyright. I agree that the NC licence is the best option as it reduces your potential liability if a cited author was to become hostile.


Possible Usages of the P2P Foundation Wiki

  1. For the P2P Foundation
    1. On occasion the members of the P2P Foundation's network may produces a volume of articles from the P2P Foundation Knowledge Commons. These volumes are offered for sale through various outlets and methods, always accompanied by a free digital edition.
      1. The volumes are compiled using a process that cleans up articles so as to respect original copyright and to insure proper attribution where appropriate.
  2. For Consumers P2P Research material
    1. Source for links and references to P2P in business, society, culture, and personal practice.
      1. The P2P wiki has become a central and first tier source for definitive information about P2P around the world, touching every facet of life.
      2. The wiki is being linked to, quoted, referenced, copied, and re-distributed with increasing frequency and in much the same way as Wikipedia.
  3. For Authors of P2P Research material P2P Research
    1. The P2P Foundation Network is continually publishing original research on the wiki.
    2. As the wiki grows, so do the number of ways in which content is being re-used by the original authors and anonymous visitors alike.
    3. Original authors intend, on occasion, to retain some ability to use their creations in a commercial manner.
    4. Original authors, on occasion, wish to retain their original license to information that they add to the wiki. In this case, contributions form these authors are considered to be within the realm of Fair Use with regards to the ways and means by which others users of the P2P Foundation Wiki reuse the information under the general license for all content on the site.


Concerns with Regard to use of the P2P Foundation Wiki

  • Can someone remix content that is CCBYSANC with content that is CCBYSA? Some sources say no and that the two are incompatible. When, how, why not? Wikipedia is CCBYSA.
  • How can anonymous users 're-use' the content on the site?
  • How can authors of original content on the wiki preserve their right to commercial use of their contributions?
  • How does the Wikipedia handle commercial re-use of content?
  • Do we know what we need to know about Fair Dealing? Is it clear this is the policy we need to look at if only for the fact that the Foundation is headquartered in Holland?
  • What information do we need to give authors about Fair Dealing so as to avoid needing to alter or change their work later? How can we share our mission and compliance with fair dealing with authors?
  • Are we serving authors of original content with our practices? Is there a chance we could do better if there was some form of change not mentioned hear? In other words, are there remaining concerns for authors of original work that have not been addressed?
  • What invitation is made to authors that is tied in with the mission of the Foundation?

Licensing for the Site

Discussion Points

  • By the concerns listed above it appears that CCBYSA works best for all parties concerned because it allows reuse of the content.
  • It seems that we also need additional clarification in the form of guidelines like those above for users pasting content into the site.

Next Steps

  • Create new documents
  • Change license on site
  • Notify users of the chance


More Information