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Luiz Moncau / Eduardo Magrani / Mariana Giorgetti Valente / Pedro Nicoletti Mizukami
Ronaldo Lemos / Sergio Branco / Fabro Steibel / Constance Albanel
Date of earliest MOU in jurisdiction: 2003
Brazil was one of the first affiliate jurisdictions of Creative Commons, established in 2003. Since then, the project has become well-known in a number of communities of users as well as content creators, and, following a trend observed in other jurisdictions, encouraged CC as the prevalent mode of open licensing adopted by government, nonprofits, and for open access and educational resources.
Between 2008 and 2011, Creative Commons licensing was adopted by the Ministry of Culture and strongly supported by Gilberto Gil, the Minister of Culture at the time. This situation changed due to a shift in the political scenario (for further detailed information, read here). Nonetheless, a significant number of governmental websites adopted the Creative Commons licenses, such as Blog do Planalto (the President’s informative blog) and Portal Brasil (which communicates news on the federal government). The Brazilian Open Data Portal is another meaningful example.
SciELO, Brazil’s most significant scientific online library, uses a CC BY-NC (as well as CC BY) on all materials published on their website (unless otherwise stated), and, in 2013, SciELO launched SciELO Books, a consortium with university publishers aiming to make available digital versions of academic books. CC usage has found a significant resonance with investigative journalism outlets, as well public service and alternative media. The most representative cases are those of EBC/Agência Brasil, Repórter Brasil, Agência Pública. and Le Monde Diplomatique.
The context is favorable for expanding awareness on open licensing and intensifying CC license adoption in Brazil. Here are a few reasons why:
- Brazil is experiencing increasing Internet penetration. Currently, 55% of the population or 40% of total households have access to Internet (broadband, mobile, or dial-up); out of the total number of users, 73% are social network users (2012 data);
- The intense use of social networks has become particularly critical in the past few months, since the beginning of the protests in June 2013;
- Both Internet penetration and the protests are connected with an important economic shift, as a growing number of Brazilians are entering middle class in the past years;
- Mobility and pervasive connectivity, which greatly incentivize the act of recording and uploading media to the Internet, are also part of the equation. Brazil is Latin America's biggest consumer market for mobile phones, and among the top five markets for smartphones in the world.
All of these factors point to a scenario in which there is enormous potential for expanding the numbers of both Creative Commons licensors and users, as well as supporting the increasingly significant demand for quality open information for social and political causes, educational materials, and cultural content.
Finally, after all the difficulties the Brazilian copyright reform faced since the first efforts, it is possible that, during 2014, copyright reform comes back into play; considering the CC Statement supporting copyright reform, Creative Commons Brazil can be an important and strong voice during this process. Worrying trends in Internet regulation and an increasing shift to private copyright enforcement practices highlight the need for enhancing awareness and use of cultural works licensed under terms that protect users against content removal and civil or criminal liability.
Creative Commons has become not only a social practice but a public policy in Brazil. Since the beginning of the Creative Commons project in Brazil in 2003, the CC Brazil group has promoted adoption of licenses, as well as their importance for open government and other policy initiatives. Creative Commons has become a household name in Brazil, with a strong presence in the Brazilian public sphere and legal debates.