You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
278 lines
13 KiB
278 lines
13 KiB
10 months ago
|
Part of the Unbound Libraries Documentation
|
||
|
|
||
|
CC4R* COLLECTIVE CONDITIONS FOR RE-USE
|
||
|
|
||
|
COPYLEFT ATTITUDE WITH A DIFFERENCE - VERSION 1.0
|
||
|
|
||
|
------------------------------------------------------------------------
|
||
|
|
||
|
REMINDER TO CURRENT AND FUTURE AUTHORS:
|
||
|
|
||
|
The authored work released under the CC4r was never yours to begin with.
|
||
|
The CC4r considers authorship to be part of a collective cultural effort
|
||
|
and rejects authorship as ownership derived from individual genius. This
|
||
|
means to recognize that it is situated in social and historical
|
||
|
conditions and that there may be reasons to refrain from release and
|
||
|
re-use.
|
||
|
|
||
|
------------------------------------------------------------------------
|
||
|
|
||
|
PREAMBLE
|
||
|
|
||
|
The CC4r articulates conditions for re-using authored materials. This
|
||
|
document is inspired by the principles of Free Culture – with a few
|
||
|
differences. You are invited to copy, distribute, and transform the
|
||
|
materials published under these conditions, and to take the implications
|
||
|
of (re-)use into account.
|
||
|
The CC4r understands authorship as inherently collaborative and
|
||
|
already-collective. It applies to hybrid practices such as human-machine
|
||
|
collaborations and other-than-human contributions. The legal framework
|
||
|
of copyright ties authorship firmly in property and individual human
|
||
|
creation, and prevents more fluid modes of authorial becoming from
|
||
|
flourishing. Free Culture and intersectional, feminist, anti-colonial
|
||
|
work reminds us that there is no tabula rasa, no original or single
|
||
|
author; that authorial practice exists within a web of references.
|
||
|
The CC4r favours re-use and generous access conditions. It considers
|
||
|
hands-on circulation as a necessary and generative activation of
|
||
|
current, historical and future authored materials. While you are free to
|
||
|
(re-)use them, you are not free from taking the implications from
|
||
|
(re-)use into account.
|
||
|
The CC4r troubles the binary approach that declares authored works
|
||
|
either ‘open’ or ‘closed’. It tries to address how a universalist
|
||
|
approach to openness such as the one that Free licenses maintain, has
|
||
|
historically meant the appropriation of marginalised knowledges. It is
|
||
|
concerned with the way Free Culture, Free Licenses and Open Access do
|
||
|
not account for the complexity and porosity of knowledge practices and
|
||
|
their circulation, nor for the power structures active around it. This
|
||
|
includes extractive use by software giants and commercial on-line
|
||
|
platforms that increasingly invest into and absorb Free Culture.
|
||
|
The CC4r asks CURRENT and FUTURE AUTHORS, as a collective, to care
|
||
|
together for the implications of appropriation. To be attentive to the
|
||
|
way re-use of materials might support or oppress others, even if this
|
||
|
will never be easy to gauge This implies to consider the collective
|
||
|
conditions of authorship.
|
||
|
The CC4r asks you to be courageous with the use of materials that are
|
||
|
being licensed under the CC4r. To discuss them, to doubt, to let go, to
|
||
|
change your mind, to experiment with them, to give back to them and to
|
||
|
take responsibility when things might go wrong.
|
||
|
Considering the Collective Conditions for (re-)use involves inclusive
|
||
|
crediting and speculative practices for referencing and resourcing. To
|
||
|
consider the circulation of materials on commercial platforms as
|
||
|
participating in extractive data practices; platform capitalism
|
||
|
appropriates and abuses collective authorial practice. To take into
|
||
|
account that the defaults of openness and transparency have different
|
||
|
consequences in different contexts. To consider the potential necessity
|
||
|
for opacity when accessing and transmitting knowledge, especially when
|
||
|
it involves materials that matter to marginalized communities.
|
||
|
This document was written in response to the Free Art License (FAL) in a
|
||
|
process of coming to terms with the colonial structuring of knowledge
|
||
|
production. It emerged out of concerns with the way Open Access and Free
|
||
|
Culture ideologies foregrounding openness and freedom as universal
|
||
|
principles might replicate some of the problems with conventional
|
||
|
copyright.
|
||
|
|
||
|
DEFINITIONS
|
||
|
|
||
|
« LEGAL AUTHOR » In the CC4r, LEGAL AUTHOR is used for the individual
|
||
|
that is assigned as “author” by conventional copyright. Even if the
|
||
|
authored work was never theirs to begin with, he or she is the only one
|
||
|
that is legally permitted to license a work under a CC4r. This license
|
||
|
is therefore not about liability, or legal implications. It cares about
|
||
|
the ways copyright contributes to structural inequalities.
|
||
|
« CURRENT AUTHOR » can be used for individuals and collectives. It is
|
||
|
the person, collective or other that was involved in generating the work
|
||
|
created under a CC4r license. CURRENT and FUTURE AUTHOR are used to
|
||
|
avoid designations that overly rely on concepts of ‘originality’ and
|
||
|
insist on linear orders of creation.
|
||
|
« FUTURE AUTHOR » can be used for individuals and collectives. They want
|
||
|
to use the work under CC4r license and are held to its conditions. All
|
||
|
future authors are considered coauthors, or anauthors. They are
|
||
|
anauthorized because this license provides them with an unauthorized
|
||
|
authorization.
|
||
|
« LICENSE » due to its conditional character, this document might
|
||
|
actually not qualify as a license. It is for sure not a Free Culture
|
||
|
License. see also: UNIVERSALIST OPENNESS.
|
||
|
« (RE-)USE » the CC4r opted for bracketing “RE” out of necessity to mess
|
||
|
up the time-space linearity of the original.« OPEN <-> CLOSED » the CC4r
|
||
|
operates like rotating doors… it is a swinging license, or a hinged
|
||
|
license.
|
||
|
« UNIVERSALIST OPENNESS » the CC4r tries to propose an alternative to
|
||
|
universalist openness. A coming to terms with the fact that universal
|
||
|
openness is “safe” only for some.
|
||
|
|
||
|
0. CONDITIONS
|
||
|
|
||
|
The invitation to (re-)use the work licenced under CC4r applies as long
|
||
|
as the FUTURE AUTHOR is convinced that this does not contribute to
|
||
|
oppressive arrangements of power, privilege and difference. These may be
|
||
|
reasons to refrain from release and re-use.
|
||
|
If it feels paralyzing to decide whether or not these conditions apply,
|
||
|
it might point at the need to find alternative ways to activate the
|
||
|
work. In case of doubt, consult for example
|
||
|
https://constantvzw.org/wefts/orientationspourcollaboration.en.html.
|
||
|
|
||
|
1. OBJECT
|
||
|
|
||
|
The aim of this license is to articulate collective conditions for
|
||
|
re-use.
|
||
|
|
||
|
2. SCOPE
|
||
|
|
||
|
The work licensed under the CC4r is reluctantly subject to copyright
|
||
|
law. By applying CC4r, the legal author extends its rights and invites
|
||
|
others to copy, distribute, and modify the work.
|
||
|
|
||
|
2.1 INVITATION TO COPY (OR TO MAKE REPRODUCTIONS)
|
||
|
|
||
|
When the conditions under 0. apply, you are invited to copy this work,
|
||
|
for whatever reason and with whatever technique.
|
||
|
|
||
|
2.2 INVITATION TO DISTRIBUTE, TO PERFORM IN PUBLIC
|
||
|
|
||
|
As long as the conditions under 0. apply, you are invited to distribute
|
||
|
copies of this work; modified or not, whatever the medium and the place,
|
||
|
with or without any charge, provided that you:
|
||
|
|
||
|
- attach this license to each of the copies of this work or indicate
|
||
|
where the license can be found;
|
||
|
- make an effort to account for the collective conditions of the work,
|
||
|
for example what contributions were made to the modified work and by
|
||
|
whom, or how the work could continue;
|
||
|
- specify where to access other versions of the work.
|
||
|
|
||
|
2.3 INVITATION TO MODIFY
|
||
|
|
||
|
As long as the conditions under 0. apply, you are invited to make future
|
||
|
works based on the current work, provided that you:
|
||
|
|
||
|
- observe all conditions in article 2.2 above, if you distribute
|
||
|
future works;
|
||
|
- indicate that the work has been modified and, if possible, what kind
|
||
|
of modifications have been made.
|
||
|
- distribute future works under the same license or any compatible
|
||
|
license.
|
||
|
|
||
|
3. INCORPORATION OF THE WORK
|
||
|
|
||
|
Incorporating this work into a larger work (i.e., database, anthology,
|
||
|
compendium, etc.) is possible. If as a result of its incorporation, the
|
||
|
work can no longer be accessed apart from its appearance within the
|
||
|
larger work, incorporation can only happen under the condition that the
|
||
|
larger work is as well subject to the CC4r or to a compatible license.
|
||
|
|
||
|
4. COMPATIBILITY
|
||
|
|
||
|
A license is compatible with the CC4r provided that:
|
||
|
|
||
|
- it invites users to take the implications of their appropriation
|
||
|
into account;
|
||
|
- it invites to copy, distribute, and modify copies of the work
|
||
|
including for commercial purposes and without any other restrictions
|
||
|
tha
|
||
|
n those required by the other compatibility criteria;
|
||
|
- it ensures that the collective conditions under which the work was
|
||
|
authored are attributed unless not desirable, and access to previous
|
||
|
versions of the work is provided when possible;
|
||
|
- it recognizes the CC4r as compatible (reciprocity);
|
||
|
- it requires that changes made to the work will be subject to the
|
||
|
same license or to a license which also meets these compatibility
|
||
|
criteria.
|
||
|
|
||
|
5. LEGAL FRAMEWORK
|
||
|
|
||
|
Because of the conditions mentioned under 0., this is not a Free
|
||
|
License. It is reluctantly formulated within the framework of both the
|
||
|
Belgian law and the Berne Convention for the Protection of Literary and
|
||
|
Artistic Works.
|
||
|
“We recognize that private ownership over media, ideas, and technology
|
||
|
is rooted in European conceptions of property and the history of
|
||
|
colonialism from which they formed. These systems of privatization and
|
||
|
monopolization, namely copyright and patent law, enforce the systems of
|
||
|
punishment and reward which benefit a privileged minority at the cost of
|
||
|
others’ creative expression, political discourse, and cultural survival.
|
||
|
The private and public institutions, legal frameworks, and social values
|
||
|
which uphold these systems are inseparable from broader forms of
|
||
|
oppression. Indigenous people, people of color, queer people, trans
|
||
|
people, and women are particularly exploited for their creative and
|
||
|
cultural resources while hardly receiving any of the personal gains or
|
||
|
legal protections for their work. We also recognize that the public
|
||
|
domain has jointly functioned to compliment the private, as works in the
|
||
|
public domain may be appropriated for use in proprietary works.
|
||
|
Therefore, we use copyleft not only to circumvent the monopoly granted
|
||
|
by copyright, but also to protect against that appropriation.”
|
||
|
[Decolonial Media License]
|
||
|
|
||
|
6. YOUR RESPONSIBILITIES
|
||
|
|
||
|
The invitation to use the work as defined by the CC4r (invitation to
|
||
|
copy, distribute, modify) implies to take the implications of the
|
||
|
appropriation of the materials into account.
|
||
|
|
||
|
7. DURATION OF THE LICENSE
|
||
|
|
||
|
This license takes effect as of the moment that the FUTURE AUTHOR
|
||
|
accepts the invitation of the CURRENT AUTHOR. The act of copying,
|
||
|
distributing, or modifying the work constitutes a tacit agreement. This
|
||
|
license will remain in effect for the duration of the copyright which is
|
||
|
attached to the work. If you do not respect the terms of this license,
|
||
|
the invitation that it confers is void. If the legal status or
|
||
|
legislation to which you are subject makes it impossible for you to
|
||
|
respect the terms of this license, you may not make use of the rights
|
||
|
which it confers.
|
||
|
|
||
|
8. VARIOUS VERSIONS OF THE LICENSE
|
||
|
|
||
|
You are invited to reformulate this license by way of new, renamed
|
||
|
versions. Link to license on gitlab. You can of course make
|
||
|
reproductions and distribute this license verbatim (without any
|
||
|
changes).
|
||
|
|
||
|
9. USER GUIDE
|
||
|
|
||
|
– How to use the CC4r?
|
||
|
|
||
|
To apply the CC4r, you need to mention the following elements:
|
||
|
[Name of the legal author, title, date of the work. When applicable,
|
||
|
names of authors of the common work and, if possible, where to find
|
||
|
other versions of the work].
|
||
|
Copyleft with a difference: This is a collective work, you are invited
|
||
|
to copy, distribute, and modify it under the terms of the CC4r [link to
|
||
|
license].
|
||
|
Short version: Legal author=name, date of work. CC4r [link to license]
|
||
|
|
||
|
– Why use the CC4r?
|
||
|
|
||
|
1. To remind yourself and others that you do not own authored works;
|
||
|
2. To not allow copyright to hinder works to evolve, to be extended, to
|
||
|
be transformed;
|
||
|
3. To allow materials to circulate as much as they need to;
|
||
|
4. Because the CC4r offers a legal framework to disallow
|
||
|
mis-appropriation by insisting on inclusive attribution. Nobody can
|
||
|
take hold of the work as one’s exclusive possession.
|
||
|
|
||
|
– When to use the CC4r?
|
||
|
|
||
|
Any time you want to invite others to copy, distribute and transform
|
||
|
authored works without exclusive appropriation but with considering the
|
||
|
implications of (re-)use, you can use the CC4r. You can for example
|
||
|
apply it to collective documentation, hybrid productions, artistic
|
||
|
collaborations or educational projects.
|
||
|
|
||
|
– What kinds of works can be subject to the CC4r?
|
||
|
|
||
|
The Collective Conditions for re-use can be applied to digital as well
|
||
|
as physical works.You can choose to apply the CC4r for any text,
|
||
|
picture, sound, gesture, or whatever material as long as you have legal
|
||
|
author’s rights.
|
||
|
|
||
|
– Background of this license:
|
||
|
|
||
|
The CC4r was developed for the Constant worksession Unbound libraries
|
||
|
(spring 2020) and followed from discussions during and contributions to
|
||
|
the study day Authors of the future (Fall 2019). It is based on the Free
|
||
|
Art License and inspired by other licensing projects such as the
|
||
|
(Cooperative) Non-Violent Public License and the Decolonial Media
|
||
|
license. Copyleft Attitude with a difference, 6 October 2020. Read more
|
||
|
about CC4r in: “Collectively Setting Conditions for Re-Use” (Elodie
|
||
|
Mugrefya & Femke Snelting, MARCH, spring 2022)
|