THE COPYFAIR INITIATIVE

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THE COPYFAIR INITIATIVE

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/*This project is evolving. It started months ago as a technical foss lawyers  research project with the purpose of  creating a different type of  public licenses, focusing on the real needs of  creators.  By now, we got a very good connection with the common based reciprocity licenses project promoted by the P2P foundation.   Our “polymorphic licenses style” seems to fit very well with  their approach to commons, fairness, and P2P production. We think is a very good idea to work together on this.*/

Copyfair means “copyright fairness”. There is not real freedom without justice. As fairness is a subjective matter, creators must have the option of taking decisions about some crucial issues such as “the time of permission of the work”, “decide in which cases an economical remuneration must be paid”, and “fixing the value of the remuneration”.

The purposes of the Copyfair initiative are:

– To benefit society with free and accessible culture for non commercial uses. Culture and knowledge must not only benefit privileged groups. Copyright holders must decide which commercial uses must pay en economical value, but they cannot forbid the “non commercial” uses of the protected work.

– To benefit artists and cooperatives because they are also part of society. The right to work and get paid for your work is not negotiable. Artists, and Cooperatives work very hard, and they must get paid for their work, if it is used for profitable purposes.

– Allow the use and free distribution on the cyberspace. Protected works shall be distributed without restrictions because the access to knowledge and culture must be universal. The copyright holder  will decide which commercial uses must pay an economical compensation, but he cannot forbid the distribution of the work.

The only way to reach these 3 objectives is through the creation of a single license which allows different options, and permits copyright holders, the option of taking decisions about the most relevant aspects of their copyrights.

LEGAL PERSPECTIVE

In legal terms, the copyfair is an initiative with the purpose of creating SPECIALIZED, FAIR, FLEXIBLE, and UNDERSTANDABLE copyright licenses.

SPECIFIC. Copyfair licenses are focused in particular areas of culture. Cultural works are too diverse, so we cannot apply the same rules to wikipedia writers, bloggers, musicians, film makers, or data base producers. We should evolve from generic purpose licenses, to specific purpose licenses.

FAIRNESS. Creators must decide about the most important aspects of their copyright license such as: time of permission for commercial uses, the price of permission, which uses he consider as commercial, if the economical compensation will benefit a community for development projects, or even who collects his royalties(if applicable). However, conditions shall not be discriminatory.

FLEXIBILITY. Copyright must be flexible. As the time of copyright protection will last the life of the creator(+50), creators must always have different options. Ej: the option of getting paid if their work is used for commercial uses, such as publicity.

UNDERSTANDABILITY. Copyfair licenses must be short, simple, and use an understandable legal language, because most artists are not legal experts.