Thanks to Lina Atallah, this article about CC on Egyptian Al Masry al
Youm:

http://www.almasryalyoum.com/en/news/commonly-yours


Commonly yours!
Lina Attalah
Photographed by:
other, Courtesy of Hala Essalmawi

Participants of the Library of Alexandria Access to Knowledge
workshop.

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Photographed by:
other, Courtesy of Hala Essalmawi

Creative Commons working group at the workshop

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In his essay on software engineering methods, Eric Raymond writes
about the Cathedral versus the Bazaar model; the former being a
process where software code is not disclosed while the latter is a
model where code is developed online in the public domain.

In the same spirit, Creative Commons, a non-profit corporation,
provides free licenses as legal tools to authors who are interested in
sharing their work outside the realm of protectionist intellectual
property regimes. One of the major functions of the corporation is to
work on adapting these licenses to different domestic laws.

This adaptation has borne fruit in Egypt, as the first draft of the
translated Creative Commons license was released for public
consultation last week. The adaptation process, spearheaded by the
Library of Alexandria in collaboration with Creative Commons, intends
to bring about a new era of access to knowledge by breaking
traditional monopolies and by re-introducing the concept of sharing.

A dialogue about intellectual property started in Bibliotheca
Alexandrina in 2005 where the concept of Creative Commons was
introduced. “One year later, the first Access to Knowledge (A2K)
meeting was held in Bibliotheca Alexandrina where awareness was raised
around the issues of Open Source [Software] and Creative Commons. They
were tackled as alternatives that are not against the legal
intellectual property system, and yet they are not currently there
[within the system]," says Attorney Hala Essalmawi, IPR officer at the
library. Essalmawi has been working with a team of lawyers, judges,
researchers and IP engineers since 2007 on translating the Creative
Commons license and adapting it to Egyptian law.

“The main challenge we encountered was the lack of awareness and
understanding of the philosophy behind Creative Commons. Intellectual
property was only concerned with restrictions and protection. But
there was no dimension of access to knowledge and dissemination,” says
Essalmawi. “Creative Commons licenses become an incentive to creators
to produce more creative work for the benefit of the community.”
However, they are a novelty in a context where the financial rights of
an author are highly stressed, sometimes more than his/her moral
rights.

Creative Commons’ licenses include a variety of arrangements that
strike a balance between protection of some authors’ rights and free
dissemination of his/her work. A commonly agreed upon right retained
by the author is his/her moral right to attribution. Under one of the
licenses, an author can release a work and leave it for re-use and
further development, even commercially. Sharing creative work can also
be done under the condition that the re-used creation carries the same
license. A third license type allows for commercial and non-commercial
distribution without changing the original work. Another license only
allows for non-commercial distribution and development of the work.
Non-commercial re-use and development of an original work can also be
undertaken provided the new work carries the same license. Finally,
the most restrictive license allows for the free use of the work, but
does not allow for changes or commercial reuse.

The licenses, originally drafted in the United States, are based on
the American legal system. Hence a lot of the translation work in
Egypt included a dimension of adaptation to the Egyptian legal system,
which stems from the French tradition. “Arab countries have different
legal regimes and some inherited the Anglo-Saxon regime while others
took up the French regime,” says Rafik Dammak, engineer, Creative
Commons advocate and activist in the Tunisian adaptation of the
licenses. “For example, the term 'commons' doesn’t exist in the French
legal code.”

For Creative Commons, the Egyptian adaptation of the licenses is an
example of the increasing interest in the region in finding
alternative means of knowledge dissemination, outside of protectionist
intellectual property regimes. “Right now the Arab region is coming
together and showing a lot of great potential starting with the
Jordanian license and now the Egyptian one,” says Michelle Thorne,
international project manager with the corporation. “There is a
momentum around the culture of Creative Commons in the region.” Jordan
was the first Arab country to release a full adaptation of the
licenses within its domestic law.

But while countries are working on jurisdiction-specific licenses,
Creative Commons has also released versions of the licenses that are
based on international intellectual property treaties and which are
“jurisdiction-agnostic”. Such licenses have been used by Al-Jazeera
Creative Commons Repository, which houses hundreds of broadcast
quality footage open for legal sharing. Similarly, Al-Masry Al-Youm’s
Multimedia uses this generic license to share its videos under the
Creative Commons regime.

In the case of the Egyptian licenses, Bibliotheca Alexandrina's role
in the adaptation process demonstrated the need for partnership and
support. “I think that the leadership made by Bibliotheca Alexandrina
is a good example of scholarly involvement in the process. It is not
only a porting process but also one of capacity building and
awareness,” says Dammak.

Now that the draft is open for public discussion, Essalmawi sees the
next challenge as the promotion of the licenses’ use. “This is still
something to be worked on. Young and mid-career researchers need to be
encouraged to use Creative Commons. Famous writers can release their
works under Creative Commons after many years of protected rights.
Public universities need to think of Creative Commons since they are
run by public money,” she says, enumerating possible target groups who
might be interested in the licenses.

The Library has produced tool kits that judges in court and other
parties can utilize to further understand the legal dimensions of
Creative Commons. Nonetheless, the process is available for a variety
of stakeholders, from scholars and lawyers, to creators, and knowledge
enthusiasts in general.


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