collaborative works and public licenses (with transcript) /...

1

協同創作與公眾授權Collaborative Works and

Public Licenses

莊庭瑞

中央研究院資訊科學研究所

Tyng-Ruey Chuang

Institute of Information Science, Academia Sinica

2009-02-23

Except for quoted texts and images, this work is released under the Creative Commons “Attribution-No Derivative Works 2.5 Taiwan” License.

2

Let me begin by showing you a painting. Atfirst sight, you might think this is the famousMona Lisa, a 16th century painting byLeonardo da Vinci. But then you realize this isnot Mona Lisa, as this Mona Lisa has amustache and a goatee. This is a Mona Lisaparody made by the avant-garde artist MarcelDuchamp in 1919. It is clear that Duchampmade this new work based on the originalwork. It is also clear that Duchamp wanted it tobe clear that his new work is not the theoriginal work, as he signed and titled this workL.H.O.O.Q.

3

As Mona Lisa has been created for more than400 years by the time Duchamp made hisparody, his new creation L.H.O.O.Q. would notget into a copyright dispute with da Vinci oranyone. Mona Lisa had been in the publicdomain. Anyone is free to create parody basedon Mona Lisa .

4

If you search on the keyword “Mona Lisa” ongoogle image, indeed you get many parodies.However, making parodies is not alwaystrouble free.

5

By Ashley Holt (2002)

This is the kind of parody that might get youinto trouble. It is clear that this not Mickey. Hehas three ears. The artist also made this clearby using the title NOTMICKEY. The artistAshley Holt created this parody in 2002, and in2002 Mickey was, and is still now, acopyrighted cartoon character and atrademark. Mickey is not in the public domain.It is not safe to make an artistic work based onMickey if you have not got the permission fromthe Walt Disney company.

6

©著作權所有保留所有權利

All Rights Reserved

I think all people recognize this mark. Thecopyright mark. When a work is copyrighted,all the rights to use the work are reserved. Youneed to go the people who has the rights andto ask for permission to use the work.

7

©不可重製！ Must Not Copy!不可散布！ Must Not Distribute!不可改作！ Must Not Modify!

Without the permission granted by its copyrightowner, you cannot copy it, you cannotdistribute the copy, and you cannot makemodification to the work.

8

©合理使用？Fair Use?

What you have is the right to make fair use ofthe work. However, what constitute ‘fair use’ isnot always clear. When it is not clear, peopletends to be conservative, and may decide notto use the work, even it is perfectly fair.

9

©不可重製！ Must Not Copy!不可散布！ Must Not Distribute!不可改作！ Must Not Modify!

So let me repeat what I have just said. Whenone sees this mark, one knows that the work iscopyrighted. One cannot copy, distribute, ormodify the work, unless the permission to doso has been secured in advance.

10

不可重製！ Must Not Copy!不可散布！ Must Not Distribute!不可改作！ Must Not Modify!

But just as everyone in the audience alreadyknew, the law has changed. Now the copyrightmark is not even necessary to assert that awork is copyrighted. Every created work iscopyrighted, unless it is stated otherwise. Thiscreates a problem for people who want toshare their works with others. If nothing isdone to explicitly say that the work is to beshared, nobody can use it legally without firstasking for permission. This is a burden formany of us.

11

The Daily Practice ofCopy, Adapt, Remix, and Share

•‧Image

•‧Sound

•‧Text

•‧Code

In daily life, we share a lot of content. We copyfrom others, make modification to others’works, mix them with ours, and we pass alongthe new works. Let me briefly show some ofthe practice we do. This is made possible bythe advance of information technology. Let mepresent the practices in the order of image,sound, text, and code.

12

flickrCC (flickrcc.bluemountains.net)

We share photos. FlickrCC is a site where onecan search the photos on Flickr not only bykeywords but also by the conditions the photoscan be used. This is enabled by interactingwith the Flickr website, which allows for thestatement and search of photos by the use ofCreative Commons Licenses. CreativeCommons Licenses is a license that allowspeople to say they want to share. I will come toCreative Commons Licenses, CC Licenses in amoment.

13

ccmixter.org

Ccmixter is a site where not only you canshare your sound tracks with others, your canalso upload tracks that are mixed using others’tracks. Here is a page showing Anji Beeadding a vocal track to Kou Chou Ching’smusic. Anji Bee is a female podcaster living inthe west coast of United State, Kou ChouChing is an all male Taiwanese traditional hiphop group. I don’t think they ever met, but theyshare and mix theor works.

14

I think this needs no introduction. People sharetext and reuse texts at Wikipedia.

15

台灣棒球維基館 Taiwan Baseball Wikitwbsball.dils.tku.edu.tw

Here is a Wiki site in Taiwan, which is all aboutTaiwan Baseball. It was started by Prof. Sinn-Cheng Lin at Tamkang University about 5years ago. Its now community-maintained.

16

LAMP Linux/GNU, Apache, MySQL, PHP

And don’t forget free software either. Thesesoftware packages run corporate web sitesand major portals. The code is free software.One is free to copy, modify, and share againtheir source code.

17

Debian is the mothership of free software,thousands of them packed together ready tobe downloaded and used in anyone’scomputer. Every package in the Debiandistribution is free, and they work nicely withone another because they all can be shared.

18

協同創作 Collaborative Works

•‧多人協力共同創作單一或一組作品

Works created and used by multiple members atthe same time

•‧流動性、多樣性的參與和協力方式

Fluid in the member composition; indefinite in thetime span of each one’s participation

•‧創作多取材自協力者所提供之素材或作品

Materials contributed by collaborators and/ortaken from other sources

•‧共同之產出具有普遍的價值

Producing works with social and/or utility value

Collaborative works are works that are createdand used by a group of people. However, inthe case of Wikipedia and Debian, people inthe group come and go. So you have a veryfluid dynamic in the composition of the group.Not only that, these collaborative projects justgo and go and go, nobody knows when it willend. People participate now and then, but noone need to stay all the time. Often what theyhave produced are of high social or utilityvalue. So people continue to use the outcomeof the collaboration, and people continue tojoin.

19

公眾授權 Public Licensing

•‧「保留部份權利」；著作的其他使用權利，以授權方式釋出給一般公眾。

“Some Rights Reserved”; Other rights to use thework are granted to the public with a license.

•‧授權方式：不限區域、無權利金、非專屬、不會撤回。

The license is worldwide, royalty-free, non-exclusive, and perpetual (for the duration of theapplicable copyright).

•‧授權人以書面條款明示授權標的與方式，被授權人同意該授權條款後即可使用。

The licensor makes clear what work is to belicensed and under what license. A licensee is anyperson who agrees with the license, and uses thework.

Now let me jump to the concept of publiclicensing. It is kind of boring. But we will soonknow that collaborative works and publiclicenses go nicely together. Public licensing isto release some of the rights to use a work tothe public. The main idea is “some rightsreserved”; the rights that are not reserved aregranted to the public with a license. A licenseis a kind of formal agreement that allowspeople to use the work in certain way. Thelicensor makes clear what work is licensed,and under what license. A licensee is anyperson who agrees with the license, and usesthe work.

20

常用的公眾授權條款Popular Public Licenses

•‧GNU General Public License

•‧GNU Free Documentation License

•‧BSD License

•‧Creative Commons Licenses

Some of the public licenses are extremelypopular, such as the GNU General PublicLicense, the GNU Free DocumentationLicense, BSD License, and the CreativeCommons Licenses.

21

協同創作的接取Access to Collaborative Works

•‧如何接取流動性參與下的協同創作產出？How to access the output of acollaboration in which participationsare fluid and indefinite?

•‧原議題：誰的著作？誰有權利？Old questions: Who are the authors,and who has the rights?

•‧新思維：誰可以用？如何利用New thinking: Who can use the works,in what ways, and under whatconditions?

Let’s get back to collaborative works. When weuse Wikipedia or like Debian, often we don’tappreciate how difficult it is to maintain freeaccess to these works. Not just free for now,but free forever. After all, these are copyrightedworks with thousands of joint authors. Who arethe authors in charge, and who has the rights?These are the questions we need to thinkabout. A good way to think about it, however, isto think in term of access. Who can use theworks, in what ways, and under whatconditions? Often it does not matter that I don’town the works, as long as I can access and useit for my purpose.

22

協同創作＋公眾授權Collaborative Works + Public Licenses

•‧參與者對其所提供的素材，對公眾釋出部份使用權利

Participants make available some of their works.

•‧「允許衍生著作」與「相同方式分享」之必要The right to make modifications, and theobligation to share the results likewise.

•‧參與者共同採用具以上條件的特定公眾授權條款All participants agree to a particular public licensefor the output of their collaboration.

•‧認同的公眾即可成為參與者Whoever agrees to the license can participate!

The way to maintain the freedom of access to acollaborative work is to make sure that the works willalways be free for other to use and improve upon.We use public licenses to maintain such freedom. Itworks like this. The participants make availablesome of their works. They gave others the rights tomake modifications, and the obligation to share theresults so produced. That is, all participants agree toa particular public license for the output of theircollaboration. Whoever agrees to the license canparticipate! If I don’t agree, I cannot participate. Thisway, we can get rip of the worry that the works willbe locked up by some one some time in the future,as everyone who ever participates has agreed thecollaborative works will always be free.

23

著作權所有保留部份權利

Some Rights Reserved

Now let me briefly go into Creative CommonsLicenses, which has the tag line “Some RightsReserved”.

24

可以重製、散布、展示、演出，唯需遵照一些條件：

Free to copy, distribute, exhibit, and perform, but under some conditions

Works licensed under a Creative CommonsLicense is free to copy, distribute, exhibit, andperform, but under some conditions.

25

姓名標示 Attribution

相同方式分享 Share Alike

禁止改作 No Derivative Works

非商業性 Noncommercial

There are four conditions: Attribution,Noncommercial, No Derivative Works, andShare Alike. Some of the conditions cannot beused at the same time. For example, youcannot say that on the one hand you allownobody to produce derivative works, while onthe other hand you request the derivativeworks to be shared likewise.

26

六種組合 Six Combinations

These results in six kinds of Creative Commons Licenses. I will not go into the details now.This Thursday afternoon we will have a Creative Commons Licenses Workshop. We save the details for then.

27

用於協同創作的常見授權條款Frequently Used Public Licenses

for Collaborations

There are two public licenses that arefrequently used for collaborative works: theCreative Commons Attribution - ShareAlikelicense, and the GNU Free DocumentationLicense. There is a reason for this. They bothallow people to make modifications to thecollaborative works, and allow people todistribute the modifications. Actually, peopleare obligated to distribute the modificationsunder the same license. In this way, anyimprovement to the previous editions of thecollaboration will also be kept free.

28

電影的協同創作與公眾授權Collaborative Film Production (ironsky.net)

These and other public licenses have beenused in collaborative film production. This isthe Iron Sky web site, a group of people doingfilm together. They have done a few before,very successfully.

29

音樂的協同創作與公眾授權（卡巴卡）Collaborative Music Production (CABACA)

And used for collaborative music production,which I hope I still have a few minutes to talkabout it.

30

These are the many people who made theCABACA album together. Some of them nevermet, even after the album has been produced,

31

“CC Asia Band” meet-up

•‧Time: 2 - 4 pm this afternoon

•‧Place: Lounge & Café

•‧People: Artists, producers, techies,potential sponsors, …

•‧Purpose: Jamming of collaboration ideasand plans, especially about producing aCC-licensed CD album and jointperformance.

By now, history!(Posted 2008-01-19)

It is a long story. The short story is that someartists met last January in Taipei for a concertduring a conference like this. They decided toproduce an album together. This is the old call-for-meeting poster which was posted lastJanuary. This is now in the history.

32

卡巴卡 CABACA協力創作下的專輯 A Collaborative Album

•‧Each artist contributes her/his works, andparticipates in one another’s new creations:–Melodies, lyrics, instrument loops, performance tracks,

recordings with others, remixes, etc.

•‧Have no money for live studio sessions

•‧MoShang （莫尚） to mix tracks and to masterthe CD in his home studio

•‧Pig Head Skin （朱頭皮） to develop the CD intoa product, and to find a distributor for the CD

•‧Many, many, late-night e-mail exchange and filesharing …

When the artists say an collaborative album,they mean it. Each artist would contributeher/his works --- melodies, lyrics, instrumentloops, performance tracks, recordings withothers, remixes, etc. --- and participates inone another’s new works. They have nomoney for live studio sessions. MoShangwould mix tracks and to master the CD in hishome studio, and Pig Head Skin （朱頭皮）would develop the CD into a product, and tofind a distributor for the CD. Many, many, late-night e-mail exchange and file sharing …

33

Pig Head Skin is the man who pulls the peopletogether. He released a CC-licenses album“Jesus Rocks!!” back in October 2004.

34

MoShang is the man who mixes all the tracksand masters the CD. His CC-licensed album“Asian Variations” has many fans and thealbym itself is in the Internet Archive.

35

卡巴卡收錄曲目What Is in CABACA?

1. Bosom (Lim Giong)

2. Every Dog Has His Day (Pig Head Skin)

3. Freedom Zen (MoShang + Chang, Jui-Chuan)

4. Naluwan House (Kou Chou Ching + Sonja V.)

5. Walking Tall (Monbaza)

6. Aspects Of Reality (Sudev Bangah)

7. Moved By An Angel (Lisa Diy)

8. Crossing The Pond (Snoblind + Anji Bee)

9. Favor Tweet (Takeru Ishikawa + Anji Bee)

10. Free Music 2 (Cho PD)

11. Turntable Sound (DJ Jangga)

and more …

Collaboration does work wonder. Many newtracks had been produced!

36

不能只有公眾授權條款Public Licenses Alone Are Not Enough

•‧ 需要額外的機制讓計畫可以持續進行Also need other mechanisms to keep peopletogether and the projects going.

•‧ 維基媒體基金會、Debian 計畫憲章

The Wikimedia Foundation acts as an entrustedcustodian of the Wikipedia; The Debian Projecthas a constitution that formalizes the decision-making body.

•‧ CABACA 專案協力者合作同意

CABACA Collaborators Joint Agreement.

Public licenses enable collaborations, but onealso need other mechanisms to keep peopletogether and to get the project going. Forexample, the Wikimedia Foundation acts as anentrusted custodian of the Wikipedia; TheDebian Project has a constitution thatformalizes decision making. For CABACA, wehave a light-weighted “Collaborators JointAgreement”.

37

CABACA 專案協力者合作同意書 (1/3)

1. 本人同意本專案所有協力人員（下稱「協力者）），得為本專案而使用本人創作再為創作，包含重製、散布、演播、編輯及其他改作本人創作的權利。

2. 本人同意本人創作，及任何因本專案而新創之著作，得被收錄與本專案相關之音樂合輯、網站或其他編輯物（下稱「編輯物」）中，惟任一編輯物僅得包含協力者的創作。

3. 本人同意，收錄於編輯物中的本人創作，採創用CC「姓名標示-非商業性-相同方式分享 2.5 台灣」授權條款，釋出供公眾使用。

CABACA Collaborators Joint Agreement (1/3)

1. I permit all collaborators in the project to usemy contributions to create new works as partof the CABACA project. …

2. I agree to have my contributions and anyworks created from the project collected into… collections, as long as each collectionconsists only of the contributions from thecollaborators.

3. I agree to my contributions as included inthe collections being released to the publicunder the CC "BY-NC-SA 2.5 Taiwan"License.

38


1. I permit all collaborators in the project touse my contributions to create new worksas part of the CABACA project. …

2. I agree to have my contributions and anyworks created from the project collectedinto … collections, as long as each collectionconsists only of the contributions from thecollaborators.

3. I agree to my contributions as included inthe collections being released to the publicunder the CC "BY-NC-SA 2.5 Taiwan"License.


1. 本人同意本專案所有協力人員（下稱「協力者）），得為本專案而使用本人創作再為創作，包含重製、散布、演播、編輯及其他改作本人創作的權利。

2. 本人同意本人創作，及任何因本專案而新創之著作，得被收錄與本專案相關之音樂合輯、網站或其他編輯物（下稱「編輯物」）中，惟任一編輯物僅得包含協力者的創作。

3. 本人同意，收錄於編輯物中的本人創作，採創用CC「姓名標示-非商業性-相同方式分享 2.5 台灣」授權條款，釋出供公眾使用。

39


4. 協力者擁有編輯物的所有權利。任何協力者（包含本人在內），擁有自由使用編輯物的權利，而毋須經過其他協力者的事先同意，惟該等權利係非專屬、且不得轉讓予協力者以外的第三人。

5. Jean Marais （莫尚）及朱約信（朱頭皮）受協力者（包含本人在內）委託，處理編輯物之所有事宜，包含得代協力者就編輯物與他人簽訂合約。

6. 編輯物所產生之任何收益，應被使用於推廣本專案及協力者作品之用途。如前述收益於推廣本專案及協力者作品外尚有剩餘，應回饋予協力者，並由其共享之。


4. The collaborators own the collections. Anycollaborator … has the rights and thefreedom to use the collections without theneed to ask other collaborators. …

5. MoShang and Pig Head Skin are entrustedto deal with all business associated with thecollections … on behalf of the othercollaborators.

6. Any profit from the collections shall be usedto further promote the project and the worksof the collaborators, …

40


4. The collaborators own the collections. Anycollaborator … has the rights and the freedomto use the collections without the need toask other collaborators. …

5. MoShang and Pig Head Skin are entrusted todeal with all business associated with thecollections … on behalf of the othercollaborators.

6. Any profit from the collections shall be usedto further promote the project and theworks of the collaborators, …


4. 協力者擁有編輯物的所有權利。任何協力者（包含本人在內），擁有自由使用編輯物的權利，

而毋須經過其他協力者的事先同意，惟該等權利係非專屬、且不得轉讓予協力者以外的第三人。

5. Jean Marais （莫尚）及朱約信（朱頭皮）受協力者（包含本人在內）委託，處理編輯物之所有事

宜，包含得代協力者就編輯物與他人簽訂合約。

6. 編輯物所產生之任何收益，應被使用於推廣本

專案及協力者作品之用途。如前述收益於推廣本專案及協力者作品外尚有剩餘，應回饋予協力者，並由其共享之。

41


7. 所有前述授權皆為非專屬授權。所有協力者皆保有編輯物中其創作的完全所有權及相關權利，並得自由支配其獨立創作，毋須經過其他協力者的同意。

8. 就本人所知、且為上述授權所必要的範圍內，本人承諾擁有本人創作的所有權利（包含著作權），以為上述授權。


7. All permissions granted above are non-exclusive. Subject to these permissions, allcollaborators retain full ownership of andlegal rights over their contributions, and arefree to deal with them as they see fit.

8. To the best of my knowledge, I assert that Ihold all legal rights, including copyright,necessary to grant the above permissions.

42


7. All permissions granted above are non-exclusive. Subject to these permissions, allcollaborators retain full ownership of andlegal rights over their contributions, and arefree to deal with them as they see fit.

8. To the best of my knowledge, I assert that Ihold all legal rights, including copyright,necessary to grant the above permissions.

(The agreement drafted by Tyng-Ruey Chuang and Jessica Coates.)


7. 所有前述授權皆為非專屬授權。所有協力者皆保有編輯物中其創作的完全所有權及相關權利，並得自由支配其獨立創作，毋須經過其他協力者的同意。

8. 就本人所知、且為上述授權所必要的範圍內，本人承諾擁有本人創作的所有權利（包含著作權），以為上述授權。

43

cabaca.org

It is on sale in Taiwan and worldwide. Fordetails, please see cabaca.org .

44

The Remix Continues, on CC Mixter!

And the remix continue, on CC Mixter.

45

創造性 Creativity

傳承 Heritage

科技 Technology法律 Law

四面體：今日我們的居所A tetrahedron: The place we live today

I wish to close my presentation today byshowing a tetrahedron. That is place we live intoday. We have this diverse and wonderfulculture heritage we live by everyday. Theadvance of technology allows us to use somuch from our heritage, and to enrich ittremendously. On the other hand we are alsobounded by law, and are restricted by what wecan legally do. It is in this framework ofconstraint and possibility, that we enter a newage of creativity. Let’s all think about it, and dowhatever we can to make this place better notonly for ourselves but for the generations tocome! Thanks you!

46

完

FIN

47

advertisement

Creative Commons Licenses Workshop

Feb 26, 2009 (this Thursday)

2:00 pm - 5:30 pm

Conference Room 2 (this venue)

(CABACA CD Album on sale)

collaborative works and public licenses (with transcript) /...

Education