"Some rights reserved"
Freeing and stimulating creativity - Creative Commons licenses in Slovenia
Creative Commons (http://creativecommons.org) is a world-wide movement, responding to two obvious facts about the current regulation of creativity. First, that copyright is essential to the dignity of creative authors and often the important incentive for creative process. Second, that the existing system of copyright is insanely complex and often harmful to the interest of creators, which has become even more problematic with the newest legislative reforms enacted because of the raise of digital technologies. Creative Commons offers authors-creators simple and free tools, which enable them to mark their content with the freedoms they intend their work to carry when disseminated, while reserving some rights the rights the author believes must be reserved. Creative Commons "some rights reserved" is thus a model for licensing that is not contrary to the copyright law; in fact the Creative Commons model is based on copyright as defined in copyright law. Simply put, authors-creators publish their work in electronic form (i.e. web site), attaching a Creative Commons license with which they indicate precisely which uses are free, and which rights are reserved, without additional involvement of lawyers. All licenses require attribution of the original author and allow users to copy, distribute, display, and perform the work according to the author's preference for the allowance or non-allowance of commercial use, and allowance or non-allowance of adaptation including whether or not the adaptation is licensed under the same conditions as the original work. The author cannot limit exceptions to copyright that are defined by copyright law. The author attaches the license that is generated according to above-mentioned preferences to the work and adds a "some rights reserved" button, which is a link to all information for users - telling them what they can do and what they cannot do with the work. The Creative Commons International has generated extraordinary enthusiasm internationally. In addition to its goal, which is to adapt original licenses to different jurisdictions and national languages, the main mission of Creative Commons is to empower those who usually lack the ability, many times in spite their creative role that they hold in society, to participate in the debate about the regulation of creativity and respond to realities of current copyright regime. Creative Commons has attracted many musicians, academics, authors, poets, film-makers, researchers, all who want a simpler way to exercise their rights without rejecting the protection of copyright altogether, but limiting its reach with certain freedoms they want to secure to the users of their work. While the project begun in United States of America it responds to ideas that have no nationality; unnecessary burdens imposed by law that often stifle creation are not popular anywhere. It is important that ideas and simple tools for licensing creations, that are embodied in the Creative Commons project, take root also in Slovenia. The process of adaptation of original license Creative Commons enhances values of respect of creative achievements of individuals and their liberty. Respect of authors' rights and availability for authors to exercise these rights easily is a certain way to assure a wide range of valuable creativity, which is essential for the progress of every society. In December 2005 the Intellectual Property Institute in cooperation with Ljudmila began the adaptation of Creative Commons licenses (http://creativecommons.si). The process of adaptation is necessary, though Slovenian creators already are able to use a generic license or one of different national licenses. The result will be the availability of licenses in our national language adapted to our legal particularities. The most important value of the process will be the enhancement of the social debate about the role and importance of creativity and the creative process that will hopefully continue long after the launch of the Slovenian license in October 2005.
Mag. Maja Bogataj Jančič, LL.M., LL.M. - Creative Commons Slovenija
Intellectual Property Institute