I would like to draw your attention to a copyright case in Colombia in which biology student Diego Gomez is facing criminal charges after sharing a Master Thesis written by another Colombian biologist (without asking for permission) in 2011 on the Internet. We believe this case is evidence of exaggerated criminal copyright laws, and also evidence of the need to rethink the way that science circulates. I can give more information to those of you that might be interested.
[Reposted from Creative Commons Affiliates Blog, Link (CC-BY)]On Thursday, March 14 Fundación Karisma, in collaboration with UNESCO and Creative Commons will launch the report “Public Expenditure On Education in Latin America: Can It Serve the Paris Open Educational Resources Declaration’s Purposes?”
“Human rights are not left at the door when we enter the online world.” This is the premise on which we embark on a new research project related to one of the fundamental rights under threat in a networked society: access to knowledge.
[Reposted from Karisma.org.co, Link, (CC-BY-SA)] Como cada año la USTR (Oficina de Comercio del Gobierno de EE.UU) elabora su Informe Especial 301 que es simplemente una lista negra de los países piratas que ha sido ampliamente criticada como ilegítima pues es unilateral (desconoce los canales internacionales acordados en la Organización Mundial de Comercio para resolver conflictos de este tipo), resulta una afrenta a la soberanía de los países y en todo caso es el resultado de un procedimiento arbitrario.
[Reposted from Digital Rights LAC, Link, (CC-BY-SA)] At Digital Rights LAC we wanted to ask different specialists in the region about their personal appraisals on digital rights issues. This is the case of Carolina Botero from Colombia. We asked her what the main achievements were regarding the “exceptions and limitations to copyright” and what direction these discussions took in 2013. Here is her reply.
Bearing in mind that Colombia is anticipating a copyright reform, essentially to fulfill the commitments of the FTA with the USA (ie commercial interests of the holders), 2013 was, however, an interesting year for the “positive agenda” that the country’s Karisma Foundation is pushing, which has exceptions at its central axis, which are understood as guarantees of fundamental rights and not as favors for the holders.
[Translation of RedPaTodos press release] On May 17th, the Minister of Internal Affairs, Fernando Carrillo, and the Minister of Commerce, Industry and Tourism, Sergio Diaz-granados, presented Bill 306 of 2013 to the House of Representatives, The Bill aims to implement some of the commitments of the Free Trade Agreement (FTA) with the United States on copyright. The initiative takes up almost identically the text of the 1520 Act that was declared unconstitutional by the Colombian Constitutional Court in January.
Last Friday while celebrating the Internet day the government introduced a Bill, reproducing essentially the text of the former Law1520 (Ley Lleras 2) before the Congress. Despite the several citizen claims (last one) to open a civil dialogue when implementing the US FTA obligations before taking them to parliament, and after 3 failed attemtps to reform the Copyright system during the last 2 years (Ley Lleras 1 on ISP liability was filed , Law 1520 or Ley Lleras 2 that was implementing other copyright provisions was declared unconstitutional, and the 001 bill that developed some basic exceptions but in a very restrictive way and was finally retired this past week.
[Published on karisma.org.co, CC-BY] El 23 de enero de 2013, la Corte Constitucional comunicó su decisión de declarar INEXEQUIBLE en su integridad la ley 1520 de 2012 (Ley Lleras 2), demandada por el Senador Jorge Enrique Robledo. El pasado 18 de marzo fue publicado el texto de la sentencia C-011 de 2013 y se mantienen pendientes de publicación los respectivos salvamentos de voto. Daniel Ríos Sarmiento, colaborador de la Fundación Karisma, resume así el logro que representa esta sentencia:
At the end of 2012, the Colombian Performance Rights Organization (Sayco) faced an important scandal that led to the resignation of its manager, and later to the resignation of the head of the Copyright Office. Reports on the society’s bad practices were followed by the Copyright Office’s decision in 2012 to take control of Sayco using their surveillance powers given by law. This situation was one of the main factors that led the government to promote a reform of the Colombian system of copyright royalty management.
The official press release of the Colombia’s Constitutional Court confirmed that #LeyLleras2 was declared unconstitutional in its entirety due to procedural irregularities during its process in Congress.
The Court after analyzing the content of the Act found that it mainly regulated copyright and related rights. For this reason, the approval on first debate of the bill should have been done in the first commissions of Congress because it was an intellectual property issue, and not in the second commissions in charge of international affairs.
[Cross posted from http://karisma.org.co/] Yesterday, January 23, the Constitutional Court of Colombia decided about the constitutionality of the law known as #LeyLleras2 (1520 of 2012 Act). According to the press information available at this moment, the Court declared the unconstitutionality of the entire law due to procedural irregularities incurred in Congress because the law was processed in the Second Commission of Congress, like an international treaty, but not as the internal implementation of an intellectual property law which the process should have been carried out in the First Commission. Furthermore, the 1520 Act was processed as an ordinary law and not as a statutory law.
After years of being one of the most progressive regions in the world in terms of balanced copyright policy, Latin America is unfortunately sliding into copyright maximalism, enacting increasingly restrictive copyright enforcement measures into their federal laws.
While Chile spent years drafting their broad reform to the copyright system along with civil society groups, and Brazil excitedly discussed the reform of copyright law with unprecedented civil society participation to draft a balanced bill, Colombia and Panama have rushed to write and approve new copyright frameworks with drastic consequences for the digital generation. Why is this occurring? It is the result of top-down, harsh implementation of bilateral free trade agreements (FTAs) with the US, that require nations to enact far more restrictive language than what is found in the US itself.
This is precisely the kind of forum shifting and policy laundering we often blame on the US. But in these cases, Latin American governments should also be held accountable for their own choices.
“Digital rights and civil freedoms on the web, 12 basic lessons online” is the first online seminar, to be launched from September 2012 until February 2013. This webinar will give you the information, criteria and basic tools to understand key issues in our times. It will also give you a glimpse of similar experiences in Latin America and will connect you with other fellow activists in the defense of an Open, Participative and Free Web.