Who/what protects you in CC license violations?
Jim provided the following inquiries and comment. “If a Creative Commons License is violated here in the Philippines, who gets to represent the holder of that license? The Philippines is not exactly known for respecting intellectual property. What’s there to assure individuals or groups who publishes under the Creative Commons that they will get protection for their work?” at the Philippine Internet Review website, as per comments on the article “Philippine Commons Empowers Content Creators”.
Any violation of any intellectual property rights, whether “All Rights Reserved” or “Some Rights Reserved,” are pursued through the usual methods provided by law (RA 8293), with due regard to international treaties if the violation is transnational. A copyright owner (as well as work licensor under Creative Commons [as he/she in fact is a copyright owner]) is usually represented by his/her own counsel of choice to enforce his claim through legal means, including resort to the courts. If there would be questions to the interpretations of the Creative Commons licenses here in the Philippines, the Creative Commons affiliates here can collaborate with the attending counsel or the court itself (as amici curiae), as to this particular aspect.
The law on intellectual property and the law on contract provide for the mechanism for the protection of the work and the licensor’s intent, respectively. Upon practical deduction, however, even if these laws are in place, these do not ensure that there would be no instance of violations of such laws or of anyone’s rights. The laws merely provide for the protection for the above, and the reliefs in case of violations thereof.
Significantly, the introduction of Web 2.0 technologies has diffused the options in the creation and publication of works. This development provides awareness on intellectual property issues since the masses, as alternative content providers, now consider the repercussions involving the use of their own works by others. Alternative licensing, like Creative Commons licensing, provides an additional dynamics in the interplay of alternative and mainstream content providers — suppletorily increasing the awareness on intellectual property as well on contracts themselves.
I would assume that the comment regarding “[t]he Philippines is not exactly known for respecting intellectual property” is non-exclusive conclusion since such could be similarly proffered against other jurisdictions; and would touch on a vein of truth similar to a sweeping statement that “the Philippine government is not exactly known for respecting international contracts and agreements.” Nevertheless, I believe that such statements should not be self-defeating conclusions but that avenues and alternatives be made available to depart from such situations. Fostering a culture of respect is primordial, and we [in Creative Commons Philippines] could contribute to such in our own way, i.e. through alternative licensing. We hope that [anyone] can also offer possible solutions to cultivate such culture.
February 3rd, 2009 at 12:56 am
Cultivating a dialogue that makes the mystery of Intellectual Property transparent and understood would be a wise choice for beginning the road of understanding in the soup that is so often associated with IP.
Excellent article