[P2P-F] cc to be made illegal in portugal

Fri Jul 22 10:31:05 CEST 2011

thanks for the details, feel free at any time to offer an analysis for
publication at the p2p blog,

Michel

On Thu, Jul 21, 2011 at 10:15 PM, Marcos Marado
<mindboosternoori at gmail.com>wrote:

> Michel and Miguel:
>
> On Wednesday 20 July 2011 10:42:40 Miguel Afonso Caetano wrote:
> > Hi Michel,
> >
> > 2011/7/20 Michel Bauwens <michelsub2004 at gmail.com>:
> > >
> http://www.technollama.co.uk/is-portugal-about-to-make-creative-commons-i
> > > llegal
> > >
> > > Dear Miguel,
> > >
> > > is this something you could report on for us?
> >
> > I think there was an overreaction. I'm afraid the whole thing was
> > somewhat blown out of proportion. This proposal only concerned the
> > compensation collected by the Portuguese collective copyright agencies
> > with every media that enables the copying of content in exchange for
> > the right granted to consumers to make private copies of the CDs, DVDs
> > and books they legitimately bought. Basically, it would disallow
> > authors who want to receive that compensation to publish works with CC
> > licenses. But since those authors have already renounced the right to
> > receive any compensation for any copy/reproduction made for private,
> > non-commercial uses, this proposal wouldn't apply to them. A few weeks
> > later Creative Commons Portugal released a statement corroborating
> > this interpretation:
> >
> http://www.inteli.pt/uploads/cms/20110617183817_Proposta_de_Lei_da_Copia_Pr
> > ivada_NAO_ilegaliza_licencas_CC.pdf.
>
> The devil is in the details. The *purpose* of that text in the proposition
> is
> to make the author legally unable to abdicate or transfer its levies
> rights.
> CC 3.0 avoids that because it has provisions for such a case, basicly
> stating
> that "if one can't adbicate from those levies, than this license doesn't
> try
> to do so". *But*:
> 1) AFAICS, prior versions still have the problem;
> 2) This still affect other licenses, from what I can understand (GDL, for
> instance);
> 3) This is an effective showstopper for those wanting to give their
> copyright
> to the Public Domain (which might very well have been SPA's hidden agenda
> on
> this clause, if we take into account the rumours).
>
> > The biggest problem is that Portuguese authors who want to
> > ease the work of collecting royalties from the commercial exploitation
> > of their works and at the same time have those same works published
> > with Creative Commons licenses can't sign in to SPA because basically
> > this collective society doesn't allow its members to establish any
> > contract with other organizations besides SPA:
> >
> http://www.spautores.pt/destaques/vamos-penalizar-cooperadores-que-nao-cump
> > rem-a-regra-da-exclusividade-contratual. In other words, they have to
> > individually negotiate with interested parties.
>
> Let me just add a little note: while the actual Portuguese Law states (and
> well) that an author *is* the author (legally) just by creating, and is not
> forced to join any collective agency or association in order to be seen as
> such, there are some *rights* authors have that can only be excercises
> through
> such a body.
>
> > Anyway, since this proposal was revealed a lot of changes occurred in
> > the Portuguese political scenario: the general elections that happened
> > in June 5th brought a new coalition government situated at the
> > center-right wing of the political spectrum. Nonetheless, I'm afraid
> > that the real danger is yet to come. That is because the new
> > government has already announced that it's his intention to present
> > not only a new law regarding private copies but a second law against
> > piracy:
> >
> http://tek.sapo.pt/noticias/internet/governo_promete_leis_para_pirataria_e
> > _copia_p_1164132.html. I really don't know what to expect from the
> latter,
> > but I think the former will be just a rehash of the first proposal with
> > the most
> > controversial articles striped but still expanding the tax for private
> > copies to storage media like external and internal HDs, cellphones
> > with multimedia players, iPods, tablets, etc. This is the same kind of
> > law that has generated a strong opposition in Spain against the
> > government and SGAE ("canon digital").
>
> From what I've been able to understand via my work on ANSOL regarding this
> matters, in terms of Culture the new government has the same agenda as the
> old
> one: both agree with the exact same text for the private copy law (even if
> in
> the end they'll show a slightly different wording, just because they
> wouldn't
> want to show that the other party sometimes does things as they think
> should
> be done), and both want an anti-piracy law that implements (sorry, we still
> don't have many details on this, it seems that our contacts with several
> institutions were suddenly severed...) french-like laws, including an
> HADOPI-
> like institution and 3-strikes.
>
> Best regards,
> --
> Marcos Marado
>

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