<nettime> Royal Society of the Arts on Creativity, Innovation and Intellectual Property

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From: Vera Franz <vfranz@osieurope.org> 
To: ipr&publicdomain <ipr@mailhost.soros.org>

On October 13 2005, the Adelphi Charter on Creativity, Innovation and Intellectual
Property [1] has been launched at the UK's Royal Society of the Arts. The Charter
sets out new principles for copyrights and patents, and calls on governments to
apply a new public interest test. It promotes a new, fair, user-friendly and
efficient way of approaching intellectual property policy in the 21st century. The
Charter was drafted by an International Commission [2] of artists, scientists,
lawyers, politicians, economists, academics and business experts. The Charter
Office is based at the Royal Society of Arts [3] in London which is concerned with
innovation in the arts, sciences and industry.

[1] www.adelphicharter.org 
[2] www.adelphicharter.org/group.asp 
[3] www.rsa.org.uk

The full text of the Charter is pasted below.
For media coverage see here:

The Economist 
http://www.economist.com/business/displayStory.cfm?story_id=5032375

James Boyle 
http://education.guardian.co.uk/higher/comment/story/0,9828,1591467,00.html

Gilberto Gil http://www.guardian.co.uk/g2/story/0,3604,1591933,00.html


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The Adelphi Charter on Creativity, Innovation and Intellectual Property

Humanity's capacity to generate new ideas and knowledge is its greatest asset. 
It is the source of art, science, innovation and economic development. 
Without it, individuals and societies stagnate.

This creative imagination requires access to the ideas, learning and culture 
of others, past and present.

Human rights call on us to ensure that everyone can create, access, use and 
share information and knowledge, enabling individuals,communities and 
societies to achieve their full potential.

Creativity and investment should be recognised and rewarded. The purpose of
intellectual property law (such as copyright and patents) should be, now as it was
in the past, to ensure both the sharing of knowledge and the rewarding of
innovation.

The expansion in the law?s breadth, scope and term over the last 30 years has
resulted in an intellectual property regime which is radically out of line with
modern technological, economic and social trends. This threatens the chain of
creativity and innovation on which we and future generations depend.

1. Laws regulating intellectual property must serve as means of achieving
creative, social and economic ends and not as ends in themselves.

2. These laws and regulations must serve, and never overturn, the basic human
rights to health, education, employment and cultural life.

3. The public interest requires a balance between the public domain and private
rights. It also requires a balance between the free competition that is essential
for economic vitality and the monopoly rights granted by intellectual property
laws.

4. Intellectual property protection must not be extended to abstract ideas, facts
or data.

5. Patents must not be extended over mathematical models, scientific theories,
computer code, methods for teaching, business processes, methods of medical
diagnosis, therapy or surgery.

6. Copyright and patents must be limited in time and their terms must not extend
beyond what is proportionate and necessary.

7. Government must facilitate a wide range of policies to stimulate access and
innovation, including non-proprietary models such as open source software
licensing and open access to scientific literature.

8. Intellectual property laws must take account of developing countries?  social
and economic circumstances.

9. In making decisions about intellectual property law, governments should adhere
to these rules:

* There must be an automatic presumption against creating new areas of
intellectual property protection, extending existing privileges or extending the
duration of rights.

* The burden of proof in such cases must lie on the advocates of change.

* Change must be allowed only if a rigorous analysis clearly demonstrates that it
will promote people?s basic rights and economic well-being.

* Throughout,there should be wide public consultation and a comprehensive,
objective and transparent assessment of public benefits and detriments.

We call upon governments and the international community to adopt these
principles.


Adelphi . London . 13 October 2005


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