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“Don’t Fear the Internet”: Exceptions to Copyright in Chile

ONGDD — Tue, 26 Feb 2013 09:22:14 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

In a previous post in the #NoTemasaInternet [es] (Don’t Fear the Internet) series, we explained why exceptions to copyright are necessary and desirable, especially in digital contexts, like this video shows:

After civil society mobilizations [es] and debates took place around Chile's new intellectual property law, Chilean advocates managed to expand the rules on exceptions to copyright. For example, today students are allowed to translate an article for private use without having to ask for authorization from the copyright holder of that text. A few years ago, the law didn’t allow for fair use in situations like this, leaving students and others wanting to use texts for academic or learning purposes at risk of criminal infraction.

The expansion of exceptions to copyright is a victory for the public and also for creators of artistic, academic, and scientific works. Although we could have more and better exceptions, and there are continued threats against these exceptions [es], the scenario we have today is more encouraging than what we had years ago, and has even set a positive example for many countries in Latin America.

With this new infographic [es] from #NoTemasaInternet (Don't fear the Internet), we want you to learn which exceptions to copyright we have in Chile. We also want to encourage you to use them without fear. It’s your right!

[Video] “Don’t Fear the Internet”: Wikipedia, Copyright, and Free Expression Online

ONGDD — Mon, 18 Feb 2013 21:26:55 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

It is no exaggeration to say that Wikipedia has revolutionized the way we create and access information, showing a sustainable and collaborative model of intellectual work and of understanding of phenomena such as intellectual property. This platform has managed to make us all connect to knowledge differently, and it has also jeopardized closed models of access to knowledge.

In this recent interview from the #NotemasaInternet (Don’t fear the Internet) campaign on online copyright, we talked to Osmar Valdebenito, president of Wikimedia Argentina (and former president of the Chilean chapter), a foundation that coordinates and makes the infrastructure of Wikipedia possible worldwide. We spoke with Osmar about how Wikimedia works, but also about how online freedom of expression is fundamental for its development, and how initiatives that seek to be even more restrictive with online copyright (SOPA, PIPA, etc.) would make the existence of Wikipedia as we know it impossible.

Chile: Why do we Need Exceptions to Copyright?

ONGDD — Wed, 07 Nov 2012 01:22:24 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

In a previous post we explained how copyright can clash with freedom of expression. But are there legal alternatives in a copyright system that is increasingly restrictive? If all works are always an interpretation of other works, can we have access to them without necessarily becoming “delinquents”? The good news is that yes, we can, although there are limitations. Here we try to explain why.

The problem

In general, the copyright system gives the author of a work certain rights to use that work, in an exclusive manner and for a period of time consisting of the entire life of the author of the work plus 70 years (in Chile). These “rights to use” can only be exercised or authorized by the author or “owner” of the copyright of the work. In short, these copyrights consist of making any copy of the work (reproduction), making the work available to the public (public communication), modifying the work (modification), distributing the work or publishing it.

If we also take into account that it’s not necessary to register a work for it to have this legal protection, there are a series of daily actions and activities that become complicated from a legal standpoint. For example, quoting from a textbook or photocopying part of a book would infringe on the right of reproduction. There are many examples: playing a song at a party or projecting a movie at home would go against the right of public communication; making a parody of another person’s work would infringe on the right of adaptation.

A model like this one, presented as an absolute, is unsustainable because in all situations we would have to get authorization from (and probably pay) the owner of the copyright of the work, regardless of whether the purpose behind using the work is commercial, educational, journalistic, or artistic.

The way out

Note: The video above was created and uploaded three years ago.

Considering the information above, it is impossible to think of a copyright system without exceptions or limitations. These allow us to make certain uses with the public interest in mind, like using works in libraries, copying short fragments, showing movies in educational institutions, adapting books for people with disabilities and, where possible, regulating exceptions that allow creative uses of the works in line with the right of freedom of expression.

In Chile, thanks to the effort of organized civil society, the latest reform to a copyright law from 2010 allows some uses mentioned previously. Today, a library can make copies of its catalogue to preserve its books, it is legal to adapt a book to the braille format, it is possible to parody works, and we are allowed to make “incidental and exceptional” uses for special purposes

These freedoms -although scarce and not a solution to the problem of the growing inflation of copyrights (more rights, more years, more criminalization of infractions)- need to be put into practice to show that they don’t infringe upon authors and that, in fact, they are perfectly reasonable, especially in a platform like the Internet.

That’s why we think it’s important to be informed about exceptions to copyright in Chile. We have released a new video in the #NoTemasaInternet [es] (Don’t fear the Internet) campaign and will soon upload more material about this issue. We hope this material will become an invitation to reflect on how a copyright system that strikes a stronger balance between the interests of creators and the public can enhance works to unsuspected levels and help new forms of expression. Don’t fear copyright exceptions,#NoTemasaInternet [es].

Chile: “I’m in Dicom,” New Video on Copyright and Freedom of Expression

ONGDD — Fri, 28 Sep 2012 16:30:34 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

Translator’s note: Dicom [es] is a credit reporting agency in Chile owned by Equifax. The phrase “estoy en Dicom” [I’m in Dicom] is commonly used by Chileans to indicate they have a bad report.

The case of the movie “I'm in Dicom” [es] is highly instructive for understanding how intellectual property can affect freedom of expression. The case includes two curious legal actions: first, Equifax, the company that owns Dicom, attempts to revoke the domain estoyendicom.cl because the film was allegedly taking customers away from their product. But then, according to the company, “I'm in Dicom” already exists, since it is supposedly the name of a literary work that was previously registered by an Equifax employee.

Both actions clearly sought to prevent the development and release of the movie at all costs.

In this new video from the #NoTemasaInternet [es] (“Don’t fear the Internet) campaign, makers of the movie “I’m in Dicom” tell us why they don’t fear the Internet, describing these legal actions and how, despite Equifax’s attempts, they trust that their right to freedom of expression will prevail over the copyright claims presented in the case.

Chile: 10 Things That Shouldn't be Prohibited due to Copyright

ONGDD — Sat, 15 Sep 2012 19:08:20 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

In the digital world, where the barriers to access information, knowledge, and culture have been significantly reduced, intellectual property protections can become an obstacle for freedom of expression (as we explained here [es, en], and saw, for example, in the testimony of Ciudadano Inteligente [es, en]).

In this new infographic [es] we want to be explicit and show you 10 common things we do on the Internet that should not be prohibited by intellectual property protections. The problem is that, although it might seem absurd, many of these things are common targets for hundreds of particular interests in the copyright industry.

Know your rights, use them and defend them. This way, you are also defending the Internet. #NoTemasaInternet [es] (Don't Fear the Internet)

You can expand the infographic (in Spanish) here [es].

Note: See English translation below graphic:

10 things that shouldn’t be prohibited in the digital world due to copyright (but that some still try to prohibit.)

Freedom of expression and the Internet go hand-in-hand. However, there are times when copyright, rather than encourage this freedom, works as a barrier to creativity.

1. ACCESSING SCIENTIFIC INVESTIGATIONS FREELY:
Access to scientific magazines increases each year at a rate greater than inflation. In May 2012, Harvard University reported that its libraries spend over 3 million dollars each year on serial publications.

2. HAVING FAST BROADBAND CONNECTIONS:
Industry representatives have pointed out [es] that “The telecommunication industry has obtained huge profits thanks to broadband. Their only justification is the transferring of music, video, and images.”

3. SHARING CONTENT WITHOUT COMMERCIAL PURPOSES
Currently, our copyright laws prevent private copies for non-commercial purposes, leaving us vulnerable to being accused of committing crimes against intellectual property. In countries like the United States, the industry has sued thousands of Internet users who share content through peer-to-peer systems like BitTorrent.

4. LINKING TO OTHER SITES
Lawyers in the industry have pointed out in the press [es] that “Indexing or linking to pirated material is cooperation in an act of public communication and is protected by intellectual property rights.” That, by the way, is not effective.

5. RECORDING VIDEOS OF PEOPLE DANCING
Something that seems clear-cut has generated lawsuits and requests to take down content, like in the case of Stephanie Lenz [es] in the United States, who filmed her son dancing to a song by Prince and posted the video on YouTube. The video-sharing platform removed Lenz's video when the copyright owner (Universal Music Publishing Group) claimed that this was violation of copyright. Lenz has challenged the claim in court.

6. CRITICISING AND MAKING FUN OF BRANDS AND PRODUCTS
Large companies don’t have a very good sense of humor, and they sometimes try to take legal actions when citizens and organizations criticise them. For example, Equifax, the company that owns Dicom, has presented a series of completely unfounded legal actions against the team that is producing the movie “I’m in Dicom.” [es]

7. REMIXING AND RECREATING OTHER WORKS OF ART
Today, with the Internet and digital technology, a big part of creativity is born out of the modification of already existing works. In many cases, the industry has sued authors for remixing songs or creating parodies and satires of other works of art, forgetting that “Everything is a remix.”

8. ACCESSING AND REUSING WORKS UNDER PUBLIC DOMAIN
[Works in the public domain] are not protected by copyright, so they can be copied, modified, and even sold freely. However, many websites are not rigorous [in evaluating the copyright status of works] and imply [es] that “all rights are reserved” over these works.

9. RESCUING FORGOTTEN CULTURAL WORKS
There are cultural works that are protected by copyright, but it is impossible to obtain authorization to use them because the authors are unknown or can’t be found. These works are called “orphan works” and in Chile there is no exception that permits the use of these type of works.

10. ACCESSING FREE AND OPEN CONTENT ON THE INTERNET
The dominant discourse says that EVERYTHING is protected by copyright such that sometimes we forget that there is a big free culture and free software movement. Even universities [es] forget.

Infographic under Creative Commons License CC-BY

Chile: “Don't Fear the Internet,” the Case of Ciudadano Inteligente

ONGDD — Fri, 07 Sep 2012 21:43:47 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

Public information in Chile is protected by copyright. This marks at least two fundamental truths: first, there is a major barrier to accessing data produced by the state; and second, there is little or nothing you can do with that data, due to the well-known “all rights reserved” limitation. This calls into question the public nature of such data.

These intellectual property rights that protect information produced by the state are absurd not only because citizens can’t access public information, but also because in a digital context they hinder initiatives related to transparency and control of the work of public entities.

An emblematic case that reflects the latter problem is evident in the following testimony by the Ciudadano Inteligente [Intelligent Citizen] foundation. With initiatives that push for transparency in public institutions in Chile, Ciudadano Inteligente is always facing the dilemma of what right should prevail over the other: the state's intellectual property rights over the data, or the citizens’ right to access public information. As you can see in the video below, for Ciudadano Inteligente the answer is clear and encouraging: #NoTemasaInternet (Don't fear the Internet).

“Don't Fear the Internet”: To Create is to Express Yourself

ONGDD — Wed, 22 Aug 2012 17:37:58 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

Creating, informing, and thinking differently have always been viewed with suspicion. Today, when the Internet and digital technologies multiply information channels and offer new ways to create, there are many arguments fueled by certain interests that seek to discourage the free use of these platforms.

Because of entities seeking to protect the interests of dominant content industries, the Internet is presented today as a hub for piracy which will destroy culture as we know it. These are the tenets of proposed laws like SOPA, ACTA or TPP [es], which, in an effort to protect a business model based on an increasingly restrictive system of intellectual property, disregard fundamental rights like online freedom of expression and privacy.

However, at the same time, a new digital ethic has emerged from everyday uses of the Internet, which sees in the Internet an opportunity for the democratization of culture, free circulation of ideas and new ways to create. This is an ethic where barriers between artists and their audience are blurred; ideas are valued, not by enclosing knowledge in an elite group, but rather by sharing with the community; and where there is a belief in a balanced approach to copyright which not only protects creators, but also ensures access to creative and intellectual works.

This is the platform we need to use, take care of and defend. That’s why we say: “Don’t Fear the Internet” (#NoTemasaInternet.).

“Don't Fear the Internet”: Copyright and Online Freedom of Expression

ONGDD — Fri, 17 Aug 2012 22:11:28 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

We never get tired of saying it. Freedom of expression and the Internet are related: if one is affected, the other will be also. However, in modern democracies it is sometimes difficult to detect threats to online freedom of expression.

Therefore, at this stage of the “Don’t fear the Internet” [es] campaign we will focus on how some copyright laws and practices end up discouraging the use of the Internet for expression. Here are five introductory answers to a problem that has united activists around the globe against SOPA, ACTA, TPP, etc.

Why is copyright a good thing?

In principle, copyright aims to boost human creativity by providing incentives to scientists, inventors, artists and generally all people to invest their time and effort into creating works that lead to the development of science, culture and the arts. In return, the law gives them some exclusive rights over what they’ve created.

Why is the Internet a good place for creators of intellectual property?

The Internet has become a platform that can make creative works accessible to anyone, without physical or temporal barriers that limit distribution of and access to these works. A work uploaded to the Internet reaches a lot more people and generates far more impact than one that is distributed using only old technologies.

If the Internet and copyright enhance intellectual works, why does copyright sometimes come into conflict with Internet users?

While the Internet provides unprecedented levels of dissemination and access to culture, and while new technologies give us a number of freedoms to manipulate, reinterpret, remix, mix and parody cultural works, copyright gives owners exclusive rights to intellectual works they’ve created, such as the right to copy, upload to the Internet, edit and translate cultural creations.

Therefore, there is a constant tension between the things you can do on the Internet and the things that at the same time are prohibited by copyright, even in cases of daily Internet use where there are no commercial purposes, like sharing files with your friends, linking to articles on social networks, etc.

How does this conflict affect online freedom of expression? Three examples:

One. Because it limits the capacity to create and share knowledge. For example, if copyright is protected over the the right to freedom of expression, daily actions of the Internet are challenged: when you upload a video which has parts of other works (like other videos or music), if you use the base of a song to create a new song, or if you upload a parody of another work to your blog, etc.

Two. Because there is a tendency to prosecute these cases. When faced with any use of a work protected by copyright, many companies respond by filing expensive lawsuits and demanding the removal of the content that was uploaded to the Internet. That happened to Stephanie Lenz, who uploaded a video to YouTube of her son dancing to a song playing on the radio, and the record label [that held the copyright to the song] sued her for infringement.

Three. Because copyright rarely recognizes exceptions for noncommercial use. The law (and the industry) does little to recognize that your daily actions on the Internet, such as maintaining a blog or sharing links with friends, do not have a commercial purpose. And if citizens don’t even have that guarantee, our freedom of expression is highly compromised.

So, what can we do?

The first and easiest step is to get informed. In the upcoming posts we will publish tips and recommendations for using, protecting, and defending your online freedom of expression. #NoTemasaInternet [es] [Don’t fear the Internet].

“Don't Fear the Internet”: Chile's Voto Ciudadano initiative

ONGDD — Fri, 10 Aug 2012 18:49:17 +0000

Note: Article [es] by Derechos Digitales originally published in Spanish, translated by Silvia Viñas.

“Don’t Fear the Internet” [es] is an initiative that seeks to highlight the importance of online freedom of expression not only through issues in our country, Chile, but also through specific experiences.

This latest example looks at the Voto Ciudadano [es] (“Citizen Vote”) project, an online citizen initiative that seeks to position itself as an unprecedented platform for citizen participation. This project responds to the current political system, where opportunities for participation are limited, by leveraging the full potential of the Internet to make citizen voices heard.

Could this initiative take shape using a communications medium that does not guarantee protections (such as data privacy) for the free expression of its users? Voto Ciudadano aims to work as a defender of these protections because without them, freedom of expression on the Internet simply would not exist. They do not fear the Internet; on the contrary, by using it they defend the medium and the human rights it seeks to support.

Argentina: New Study Analyzes Human Rights Impact of Online Surveillance Practices

ONGDD — Wed, 08 Aug 2012 20:33:11 +0000

This article [es] was originally written in Spanish by Paz Peña, for Chilean NGO Derechos Digitales. Translation by Silvia Viñas.

SOPA, PIPA, ACTA, CISPA, TPP and a long list of draft laws, international treaties, and practices seek to impose the idea that the Internet is a wild space that must be controlled at all costs. At the same time, governments around the world increasingly claim their sovereignty on the Internet, and in turn interfere with Internet architecture, leaving its protagonists, from users to intermediaries, with new responsibilities [including legal ones].

These initiatives, sometimes driven by good intentions and other times (as we know) not so much, look to control the free flow of Internet content in some way. This can have profound implications for the rights of citizens.

Online surveillance: What does monitoring and detecting content on the Internet mean? (download pdf in Spanish) is a new study by the Center for Studies on Freedom of Expression and Access to Information (CELE) of the University of Palermo, Argentina, which seeks to delve into the consequences of these measures.

First, it offers a conceptual overview of the architecture of the Internet. Then, it analyzes the concept of control on the Internet, putting an emphasis on intermediaries and the use of technologies such as deep packet inspection. Finally, it discusses the tension between national security and the prevention of violence, and rights such as freedom of expression and privacy.

In a context where users increasingly understand the threats that such policies can pose for free expression online, in both international (The Internet Defense League) and local spheres (No Temas a Internet [es]), this text is essential reading.