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License creative and collective: new models for sharing and the use of content protected by copyright

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The social and political debate about copyrights for digital content distributed on the network can not find solutions that give a concrete answer to the problem of protecting the interests of authors and consumer users. It is a clash of interests between various rights and the search for balance between the fundamental right of authors to the protection of their moral and material interests, with access to all culture. This concept in 1948 already provided for in Article 27 of the Universal Declaration of Human Rights which, in the second paragraph states that " Everyone is entitled to the protection of moral and material interests which he is entitled by reason of scientific, literary and art of which is the author ", while the first paragraph states that:" Everyone has the right to participate freely in cultural life of the community, to enjoy the arts and to share in scientific advancement and benefits resulting from this " . We try to make a twofold consideration: the authors attempted to evaluate the possibilities offered the new licensing more flexible and less bound, able to promote full works, while from the consumer, let us reflect on how the sharing of content does not necessarily turn into the spread of piracy but rather an opportunity for development and Social economic growth according the remuneration of rights holders with greater access to knowledge by all. But what is

Copyright ? Under Italian, copyright and "deals with the allocation of a set of faculty who achieves creative intellectual work (literature, music, the arts, architecture, theater, film) with the intent to reserve moral and economic rights. " Its main aim is the diffusion of culture, innovation and social progress. Although today we are united, it differs in some respects from Copyright for a wider significance beyond the protection of a number of exclusive rights over the work (rights of the author) also provides for the protection of moral rights of the author's personality. Copyright, however, literally means right to copy, namely the right to reproduce and distribute market copies of a work. It follows that is protected by Copyright legislation of any work the subject of marketing, leaving the second floor in its originality and creativity.

The debate on the protection / control of copyright and creativity in general, is divided between those on one side tends to a total control and regulation of the work ("all rights reserved"), and who has a more subversive and free, without any protection ("no rights reserved"). There are indeed new models for the management of copyright to make available tools based on the concept of Copyleft , that is strictly based on copyright. This is a good solution because if the copyright holder may exercise certain exclusive rights in the work, is both his right to freely choose whether and how to transfer these rights to others.

In relation to File Sharing content protected by copyright, but the issue remains unresolved and thorny. The economic interests that underlie the work probably prevent identify one or more solutions to protect the interests of the author and the work itself, in addition to those who wish to benefit from it. Technology has allowed the spread and re-distribution, even in sharing mode peer-to-peer/file and often free, content in digital format, but the law prohibits any activity which involves sharing of works covered by copyright. There are several cases of judgments against people who have shared content protected by copyright and the network have been questionable penalties applied. It is unthinkable that the answer to the question can be used only to solutions imposed through dissuasive criminal penalties. Among the various solutions identified, there is that of general taxation in which it is expected that both the state and to remunerate holders of copyright through general taxation or a tax purpose expressly provided for remuneration of right holders (such as a fee for internet connection). It is also thought several licenses that permit the use of the work due to a vested right to compensation paid. The license may be required or extended collective: the first is required by law and is enforced, while the second is negotiated between those involved to protect copyright, such as SIAE and who is committed to protect the right of users, such as associations consumers. While the first option should be to meet with the Community and national legislation regulating the matter, the use of extended collective licensing is a solution already adopted by the Nordic countries-for-fire, for example, the rights of broadcasting of Literary and musical, to authorize the re-broadcasting , the reproduction of works for educational purposes and distribution of digital works by libraries. The use of these licenses is not to undermine the exclusive nature of the right by virtue of its non-compulsory and aims to balance the interests between authors and users of the work or benefit from it. Finally, it is approved by Directive 2001/29/EC, Article 18 and opens therefore use the Member States.

Since 2001, the non-profit association Creative Commons is working to make copyright more flexible. This is not a performance rights of copyright in contrast to the SIAE or other similar reality, does not offer legal advice but promotes debate on new models for the management of copyright and disseminate new legal and technological tools such as Creative Commons Licenses Public License (CCPL). National legislation and international rules on copyright gives the holder of a work of genius a series of rights and privileges. The concept underpinning these licenses is flexible in its ability to reason, freely dispose of these rights by allowing or excluding the use of the work according to the individual needs of each. If the copyright-protected works are considered works in which "all rights reserved," those free and public domain have, however, "no rights reserved". The project of Creative Commons is located right in the middle, and the median balance in accordance with the formula that "some rights reserved" (some rights reserved). The basic concept is that flexible licensing, using the private law, create public goods and works issued for specific uses for wider dissemination and promotion of culture.

the CCPL, in fact, simply to allow the right holder to indicate clearly that the reproduction, distribution and circulation of his work is explicitly permitted. The latter, therefore, decide what rights to allow and which to exclude the second predetermined characteristics. The licenses differ in two areas: the freedom user and conditions of use of the work. All licenses allow copying and distribution of the work and some will require modification or deploy. The terms of use, however, provide for the allocation, ie a clause in all licenses that indicates the authorship, non-commercial use of the work without permission, the derivation of work which is not without permission of the author, and his share in the works that flow from it. The choice and combination of freedom with the terms of use allows the holder the right to choose among six types of Creative Commons licenses, very flexible and thus covering a large range of options to choose from. To use a Creative Commons license is sufficient to report the use you intend to work with a note on the license choice, as well as where the work is filed, such as: Copyright © 2009 Surname Name - Some Rights Reserved - This work is released under the terms of the Creative Commons Attribution-NonCommercial 2.5 Italy . The association also offers a search engine to search for works subject to the licensing http://search.creativecommons.org or just refer to the archives as: http://sciencecommons.org/ dedicated to the scientific literature, www.jamendo.com http://ccmixter.org/ specifically for music, sounds and music samples, www.flickr.com / CreativeCommons for images, www.spinxpress.com / getmedia for video and multimedia content, http://ocw.mit.edu/ of teaching aids and manuals, and www.commons.wikimedia.org for works of various kinds. dedicated to music,

The debate today is still running and complex: on one hand the authors, and who protects the interests, lauding the loss in value of their work and the illegal exploitation and abuse, the other the network users, the users, who feel restricted in the possibility to enjoy free content, blamed piracy and to promote the cause of death of the arts. Should pursue the matter further and promote alternatives capable of transforming that clash into a gathering of collective economic and social growth for all.

(G. Faggion)

Selected Bibliography:

S. Aliprandi, Theory and practice of Copyleft, Guide Licensing OpenContent , NDA Press, www.copyleft-italia.it/libro2/ , 2006.

S. Aliprandi, Understanding Copyright, guided visit to the copyright , Primaore editions www.copyleft-italia.it/libro3/ , 2007.

S. Aliprandi, Creative Commons: CPS , Guide to licensing and other CC, 2008, Alternative Press / New Balance, 2008. M. Ciurcina, JC De Martin, T. Margon, F. Morando, M. Ricolfi, Creativity paid, free knowledge: File Sharing and extended collective licensing , NEXA Center on Internet and Society, Politecnico di Torino, http://nexa.polito.it/licenzecollettive/ , 2009.