Konferensi Creative Commons Asia Pasifik 2012 dan Peluncuran Creative Commons Indonesia/Notulensi

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Notulensi Pertemuan Regional

Di bawah ini adalah hasil notulensi dari pertemuan regional afiliasi Creative Commons di wilayah Asia Pasifik sebagai bagian dari Konferensi Creative Commons Asia Pasifik 2012 dan Peluncuran Creative Commons Indonesia yang dilaksanakan pada 10 November 2012 di Hotel Grand Sahid Jaya, Jakarta. Sesi ini menggunakan Bahasa Inggris sebagai bahasa pengantar, sehingga hasil notulensi dituliskan dalam Bahasa Inggris.

CC Asia Pacific Regional Meeting

Candi Prambanan Meeting Room, Hotel Grand Sahid Jaya

November, 10th 2012, 09.30 am – 05.00 pm


Opening speech by Ivan Lanin (Public Lead) and Ari Juliano Gema (Legal Lead).



Affiliates Updates:

Indonesia:

The biggest achievement for CC Indonesia this year is finalization of CC 3.0. CC Indonesia had been working on this for the last 2 years. This achievement is very vital for Indonesia. Most Indonesian does not understand English, so the English version of the license is not understood by them. Now, there is Indonesian translation on the website and hopefully people would start to use it. Also, CC Indonesia hired a full time employee because progress is slow if done by part-time volunteers.


New Zealand:

There are five things that CC New Zealand had been doing for the last couple of months. They are Open Access Week 2012, Open Government: Case Studies, Open Culture: Institutions, Creative Commons in School: Mix and Mash, and Sustainable Funding and Hosting. Open Government: Telling government there is reasons for cc to be involved. Open Culture: for institutions they can talk to each other very well because in New Zealand, universities are autonomous. Creative Commons in Schools: Mix and Mash: competition for schools and for public.


Taiwan:

This year, CC Taiwan’s activity is of course promoting CC licenses such as cooperating with 9x9 TV to create audiovisual manual. It is to integrate audiovisual content such as Youtube by the current concept. Because currently, the CC license in fair use have close relationship so we work with 9x9 to create this. Also, we designed brochure for cc. We joined Academia Sinica Open House activities. We distribute The Power of Open Book in Mandarin Chinese. We joined the conference hosted by Macao and discussed the role of CC in the creative industry. We work with poets and craftsmen and help them use the cc license. We also promote public domain topic, we promote CC0 (CC zero) in public domain and translate it to Mandarin Chinese. There are some books that would be put in public domain. We make public domain mark statement. We make the open government data manual. We organize Open Geodata workshop and co-organized it with TAIS (Taiwan Academy for Information Science) for open data issue.


The Philippines:

For updates in the Philippines, it is very challenging for us since we lost Jimmy (referring to Jimmy Soriano); we had to put on hold certain changes, especially the new cooperation to gain new members. Most of our members are from law schools, we want to look for diversity in our members. Hopefully we could pursue that one by early 2012. Most of collaboration we had are low-key. We have Wikimedia Philippines conducting contest (Wiki Takes Monuments). And recently there is a discussion about cyber crime in Philippines. If what I want to push discussion about cc in the Philippines, I need to do more than now. I am now learning the law and regulation in the Philippines.


Vietnam:

The biggest problem with CC Vietnam is the lack of personnel. For the operating staff, we only have two persons. There are not many things about cc Vietnam activities. We launched CC on May 7, 2010 and since then there are not many activities that CC Vietnam organized. Later in 2011, we reached an agreement on a study to set up a development strategy for CC Vietnam. From that moment on, in June 2012, we made cooperation with law Consultant Club of Foreign Trade University in Vietnam. Most of the people don’t know English well, especially youngsters. They only study English when they are forced to. We encouraged the youngsters to use CC. With this LLC in the top university, they have good English and they can study cc by themselves. We are starting some projects and do follow up training. We also reach agreement with Olympia Schools, a pilot program to educate children on difference between proper and improper copying, how to protect their creative works and refrain from stealing others, and some other crucial skills. We also assisted Vietnam Open Educational Resources and shared the materials on www.voer.edu.vn which is funded by Vietnam Foundation. Most of the materials are in Vietnamese and we hope to adopt cc materials more in English.


Singapore:

We are a team with a well-known local IP. We launched the CC4 and we don’t see any problems or issues on this. We focused on try to grow awareness. Working with a small team with no funding, we would like to make sure that people know who we are and know us when they want to talk about CC. I think awareness is growing when I judged by my students. Every year I asked them who knows about cc and the number of hand raised are increasing. Institutions have big content and sources but are slow to be convinced. Amateurs are easier to be convinced and they are more enthusiastic. We are trying to approach DJs, bloggers, and website on natural heritage to use CC while institutions took longer to be approached. We are planning to organize birthday party. Our legal lead warned us that in Singapore we could not have a meeting more than 5 people without the permit. We organized a meet up already with interesting participants, and also with hackerspace. There are many things you can do without budget. We did a little cc festival where we asked people to contribute cc works and hold an exhibition.


China Mainland:

Our recent event is The 2nd Focus on China Exhibition of CC Licensed Photographs of China. This exhibition has contribution from amateur photographers. We want those photographers to use their camera to show how China has changes. Later we got the invitation from the biggest photographer exhibitions. We select some works from photographers and bring them to the exhibition. We are going to publish our CC 3.0, and we did translation to Chinese. Later this month we could publish the news, OER sessions last year, our project lead, closely work with the Ministry of Education who held Open Course Project. We encouraged them to use cc licenses for the open course. We want people to know how to share legally. In China we used Chinese version of social networks.


South Korea:

We started CC Korea on 2005. CC Korea has been independent entity as non-profit corporation in 2009 and we did many things from that on. Some of our projects are CC Art Festival. We want to create opportunity for artists who were willing to share their photographs, film, or music. Let’s CC website is to search cc contents, we want it to be really simple and it looked like Google search. You can find video, music, photo with CC license. Open Government: we have been focusing on the open government and we create open community. It consisted of volunteers who are interested in this idea. We hold events like hacker event and made mobile application to use open government data. We held the 10th CC Anniversary Party. We plan some campaign and event to promote CC. This includes party, CC award, Special Articles, CC Music App.


Malaysia:

CC Malaysia was first launched in March 2006 by Prof Lawrence Lessig. The organization that led CC Malaysia was MDEC (Multimedia Development Corporation) (which now is no longer affiliated). Current jurisdiction or license version of CC in Malaysia is 2.5. Our past activities; we had cc competition, and collaborating with local photography community and we held workshops. Most anticipated project is a video project by Pete Teo and Yasmin Ahmad called “Here in My Home”. In Malaysia, we have a lot of mainstream media that support CC. They always come to understand more about CC license. There was knowledge sharing of CC in Behance Malaysia meet-ups which was hosted frequently with creative people to discuss. One of the most interesting project is Malaysian Artists for Unity where members working pro bono and create a video to tell about the culture of sharing. It had been quite well received by the Malaysian. People in Malaysia misunderstood CC licenses, they think CC protects their works. There is a different between all rights reserved and some rights reserved. These are the most challenges in Malaysia. They don’t really understand about CC license. They think that they will lose their content. Current project in cc Malaysia is releasing free e-book “Mekarnya Cinta Reka” (Blossoming of Design) by Muid Latif, compilations of artworks, articles, tips, quotes.


Australia:

CC Australia is based in QUT and it is a small team. What we have been doing is to keep the momentum. What happens is there are a number of people out there from different backgrounds working on CC. Recently, University of Queensland had open access week. We had done a lot of outreach. We talked who are the early adopters of CC. The knowledge of CC has been growing. What we did is identifying the community to enable open access so that group when they are really ready to push this. Since the second half of 2012: CC & Government Guide, Open Access to Judgements, and Creative Commons Book: CC experience from Australian perspective, published through University of Queensland Press for wide readership. The license in Australia is now the version 3.0, we are not sure if we are going to adopt the version 4.0. We did cc seminar in Australian Catholic University, Melbourne. Also CC in the Digital Economy series of seminars in Queensland University of Technology in Brisbane (5 Oct – 16 Nov 2012). Before we only have the surface level of understanding and now people are moving this further. We do various presentations whenever there is opportunity, and sometimes it is not only focused on CC. We go out and talked to various universities. We did a series of seminars called Creative Commons and You. We did a lot of work with scientists and people working with research data. We did briefings on CC to ABC and Museum Victoria, Melbourne. Notable achievements; it is amazing to finally get the CC BY adopted as the default license by Australian federal government and some State governments. Other achievements: Geoscience Australia to license Landsat 8 images under CC BY, New Queensland Police Data website licensed under CC BY, ABC 80 days project, and remix of visual arts.


Hong Kong:

CC Hong Kong was launched on October 2008 and was fortunate enough to have Prof. Lessig to come to Hong Kong. That is strategic for us since we want to convince people to use CC. Our first focus after the launch is education sector. We also focused on educational resources such as e-textbook. Probably we focused on the wrong thing. We spent too much effort on the launch itself but more importantly the community that we thought we build disappeared because they already had the license. That is one of the points that happened in Hong Kong. The user base for CC in Hong Kong is the Wikimedia people. In 2010, the CC for our perspective is about the cultural change. What this means to us, in the 10th anniversary to us is there are five more years until everyone know about cc. We have resources issues; we use the word resource as opposed to money. We are a volunteer team. We started very differently. We are not from law school, we are from journalism school. The first year after launch it is very important that we have a person full time. We estimated that in Nov 2011, there are approximately 450,000 + works in CC license. Hong Kong have great infrastructure but poor in maximizing it. We had the copyright amendment bill in 2011, about Internet article 23. It was withdrawn before last Legco Session. There were a lot of communities concerned, because Hong Kong loves making parody and now they need to ask permission before they make their parody. We had done what we called Intellectual Property Trading. We tried to change how IP has been measured. The 4.0 we believe could be opportunity or threats.


Affiliates and HQ Session

Jessica Coates from CC Headquarter:

The relationship with HQ and how HQ can help you will be discussed in this session. HQ could do more in supporting regional CC and build the capacity of HQ. The structure, strategy, and plan of HQ will be the focus of this session.


CC Organizational Strategy 2013-2015

I would like to start by showing you the organizational chart. This chart will be up on the HQ website soon. There are a number of CC policies. As part of this strategy, is how we are going to operate in the next 3 years. It would be a strategy on how CC would move forward. As it develops, it is more technical organizational stuff. There has been a plan to narrow Wikimedia focus, to decide what to focus. I don’t see this as a narrowing focus of CC. The idea is from the next year leading up to Global Summit, we will do discussion about this strategy. We would like to hear more from you. Five strategic policies:

  1. Steward the Global Commons
  2. Catalyze Community Growth (adopters, users, and anyone who are interested)
  3. Develop Innovative Products
  4. Build the Global Network
  5. Secure the Foundation (making sure that we have best practice on management)

More on strategy number 4: Build the Global Network

This part is the most relevant for the community. On top is to provide affiliates with tools, information, and resources (templates, best practices, outreach materials, etc.). And also foster a culture of collaboration and mutual support through effective communication. We want to build more mentoring between the communities. More communication through regional meeting is to provide the information on what other communities are doing in their region. We want to establish new affiliates organization.

Underneath all of this, we have a more detailed plan on how we are going to execute. Global Network Program Plan, they are: increase CC’s global representation, strengthen each region as a community, strengthen individual affiliate teams, and strengthen global community, by increasing affiliate engagement, both with GQ and publicly. We should have a blog post every single week telling us what is going on with the cc communities around Asia. If something is going on in your region, tell us and we will do our best to go there and help. Specific activities to address this are roadmaps, resources, fundraising assistance, affiliate matrix, scheduled calls, advisor groups, school of open, other (blog post, translation projects, resources archive, communication tools). We will have further discussion on this, on what activities Asia would prioritize on. We will be sharing the affiliate matrix which includes information on who you are, what you did, contact person, etc. Advisor groups: group within the affiliates who has expertise on particular topic to produce a fair amount of material on certain topic. The school open, the idea is to have central resources to teach people about the culture of open. These are all possible things that we would do next year.

Questions and Comments

  • Pindar Wong from Hong Kong: It’s a phenomenal progress and I am delighted to see the structure. The strategic objective I would see the individual objectives should relate to that. The school of open is great because it teach us how a license should be used. It can be destructive when used in a certain way. Because you don’t lead the affiliates, people could use the license in the wrong way. The affiliates; are we dividing it by country or by group. The reasons this is the Asia Pacific Conference is because there is a difference between now and that of in 1993. It is commercial versus non-commercial. We need to focus or die. We have to make a decision what is the brief focus.
  • Jane: There has been a shift of focus on what is the main concern of HQ. We are focusing on OER and Open Government at the moment.
  • Muid: We have financial support but I am working alone. My challenge right now is I don’t mind my personal fund to be used but I was just talking to three people physically. I want people to participate, not just online. Online there are a lot of people. I want people to engage more on this. Many people don’t understand the whole process.
  • Jessica: People would like to see how other communities are structured so they could see how they could structure. Probably you could use that.
  • Singapore delegate: Advocacy?
  • Jessica: there has been much discussion on advocacy on the mailing list. We can’t spent much of our time lobbying the government. There is a lot of consensus on this.
  • Summary: you can do whatever you want on your personal capacity. As an organization, you have a lot of freedom as long as it is in-line with cc mission, you could as much as you like. If you want to advocate CC HQ we might restrict you that is if you say this is from CC HQ, not CC Vietnam, etc., otherwise advocacy is okay.
  • Singapore delegate: Does CC HQ have advocacy plan?
  • Jessica: Not yet. We are going to try. There is going to be more document and transparency on this.
  • Ivan: Since this session are discussing about relationship between CC affiliates and HQ; I think for us what important is to be able to compare experience with other affiliates. They have their own focus and activities in their own country. For example I expect to see CC Indonesia doing what the cc Australia has achieved, approaching the government. But it is different. I would like to see more structured in experience sharing.
  • Jane: I’m glad that you bring this up. We are looking to do a discussion about this.


Lunch


Session on Trademarks

Kat Walsh, Member of Board of Trustees of Wikimedia Foundation:

Licensed Rights: many third party rights may exist. We would like to encourage good practice without unreasonable demands. We would like to emphasize on “licensed rights” rather than “work”. Some of the practical concern is will it change the behavior? (desired behavior versus practical effects). We worried about practical effect on adoption. We also worried that licensor won’t change the behavior. We are open to suggestion on how to facilitate good practice. We would like to make it as clear as possible for when there are other licenses then what happen? Here are the alternatives for representations and warranties: more guidance in the chooser about when to apply a CC license and potential legal risks.We had Additional text field for identified third party rights. Also improvements for marking guidance, if there are some signal that third party m. There is possibility that CC offers a voluntary standard warranty that everybody can use and understand. In technical protection measures (TPM) that makes it impossible for you to use the license.

Database right is another issue. CC3.0 does not cover database. What is a derivative of a database and how does that interact with share alike? This issue is first raised by institutions but must work for all uses, especially science and public sector information. We have done some surveys and asking-around but we have got different answers of how do you create derivative of database. In 3.0 any breach terminates right under license. You have to asked the licensor, there is no automatic reinstatement. We started to look at it as compatibility reasons. Looking at Wikipedia for example, there are many unintentional violations of CC licenses right now. If any licensor can find any breach and not give any right anymore, it will be difficult. In any version, licensor will still have the right to seek remedies for violation prior to cure. Reinstatement will not help it.

Compatibility is an open issue, how does it work? There are two kinds of compatibility, one way and two ways.

Separate agreements: Interaction of license and things like site term of services. It is hard to solve conflict narrowly enough to exclude true conflict while allowing non-exclusivity. We are trying to avoid the danger of having cc license being treated as. License operation is operates according to customary principle of international law. No change in most cases.

General rafting concerns are intended to work internationally to greatest extent possible, handling single jurisdiction issues while taking care of effects elsewhere. We are avoiding linguistic pitfalls and controversial language. We are trying to make it applicable to as many jurisdictions as possible. Translation plan: supporting official translations for 4.0, ideally one translation per language, modeled on CC0 translation plan, distribution for comment. NC definition is not substantively changing. Porting: last resort: working toward no ports, application by compelling cases only. Expect full engagement from affiliates. If you are considering applying, express issues now.


Questions and Answers Session

  • South Korea: Users asked us to clarify the problem with on commercial. We cannot provide any answer. We plan to discuss the guideline for the non-commercial but it turns out to be vague and abstract. It cannot be a concrete guide to users.
  • Kate: I would not say that organizations provide legal consultation to users. I would recommend them to ask their legal counsel. I don’t think cc will give more general talk on NC.


Sustainability and Community Building Session

South Korea delegate:

This session is for building community and funding issue. I intended this session to be in informal manner. I think we could make three categories: building community internally, building community externally, fundraisings. In Korea since 2005 we tried to build internal community. We removed the barriers to join. There are some kind of trade-off between the volunteer and sustainability.

Mainland China delegate:

Mainland China has a strategy in getting volunteers. Many volunteers come from University of China. First, we encouraged the law students to help us in the community. We did some promotional activities and discussion and now more and more people know about cc. Instability can be disadvantage when building cc community. We always encouraged people to use the internet to publish their work.

Hong Kong delegate:

We are looking for volunteers in the secondary school (high school) because we think that university is too late. We put the liberal course in their curriculum.


Fundraising

Fundraising is a hard homework.

Hong Kong delegate:

We looked at various different parts. There is a tax issue; you need to have a status of charities. In HK, you could incorporate in a few hours. Can you find a group of people who can drive the same quality? Incorporation is easy but does not solve the human resources value problem.

Australia delegate:

The closest we have come to funding is by applying for research grant with funding from government. All this working it out is done by a corporate research center. QUT brought CC to Australia. There has been no direct straightforward way of doing this.


Promotion and outreach

  • Ari: The power of cc Indonesia: network and communication. Focus for now: artist, musician, etc. Approach to government:
  • AU: Website: CC >> ability to retrieve creative material using cc lisence. Put cc on popular platform, people will know and use CC. E.g; youtube, etc.
  • ID: The need of artists to use free creative materials are growing, we need to be able to answer their need.
  • HK: How to make money with free lisence? e.g for photographer.
  • SK: How to explain CC in one simple sentence? Something that easy to understand?


4 key priorities:

Expanding our region:

  • Cooperation through translation: Translation project can be a starting point of collaboration project. 5 different language in our region. The translation object can be anything, example: childrens book or anything.
  • Promoting openness in publicly funded research, data, and educational resources: OER, create snapshots of open gallery, libraries archives, museums.
  • Creating, mentoring relationships in our network: document sharing.