Roadmap 2011 Chile

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Affiliate Team Roadmap

Submitted on January 11, 2011 by ONG Derechos Digitales Covering period of One year (2011)

Team information

Team Members

Alberto Cerda Silva: Research director of Derechos Digitales, legal leader of Creative Commons in Chile. He studied at University of Chile Law School, obtaining a JD and a Master. He also has a LL.M. and now is studying a PhD in Georgetown University. Intellectual property, privacy, personal data and computer crimes are among his main interests.

Claudio Ruiz Gallardo: President of Derechos Digitales, and public leader of Creative Commons Chile. He studied at University of Chile Law School. Fundamental rights, Intellectual property and Freedom of Expression are among his main interests.

Daniel Álvarez Valenzuela: Founder and member of Derechos Digitales. He studied at University of Chile Law School and has a Diploma of Computer Law at the same university. Privacy, Copyright and regulation of technology and culture are among his main interests.

Francisco Vera Hott: VP of Derechos Digitales. He studied at University of Chile Law School. Criminal Procedure Law, Economic regulation and Intellectual property, are among his main interests.

J. Carlos Lara Gálvez: Derechos Digitales Researcher. He studied at University of Chile Law School. Intellectual property, open access and Freedom of Expression are among his main interests.

José Ignacio Gallardo Bustos: Derechos Digitales Researcher. He studied at University of Chile Law School. Consumer rights, public law and intellectual property are among his main interests.

Paz Peña Ochoa, Communication advisor of Derechos Digitales. She studied Journalism in Pontificia Universidad Catolica of Valparaiso and hold a masters degree in Gender and Culture Studies from University of Chile. Communication, activism and gender issues are among her main interests.

Constanza Álvarez Lira, Executive Secretary. Undergraduate student of Law and Social Sciences at University of Chile, serves as executive secretary of ONG Derechos Digitales since second half of 2008.

Date of earliest MOU in jurisdiction

The first MOU was signed in 2005

Self-Identified Region(s)

Latin America, mainly for geographic reasons, but also because the region is facing similar problems and challenges, both intellectual property laws (amendments to their legislation, mainly due to free trade agreements, for example), as in decided lack of public policies regarding access policies to intellectual works and strengthening the public domain.

ONG Derechos Digitales also participated in multiple instances with CC leadiers in several countries of Latin America (including the CC Latam 2008 organization in Chile), where common bonds have been reaffirmed that allow the organization to be even mor commited today at the regional level.


Why is Creative Commons important for the jurisdiction?

- Cultural Industries: Creative Commons is today a tool of easy use and comprehension for Chilean artists to decide what kind of use permit over their works, so take advantage of the Internet and give more access to their works, new forms of dissemination and distribution, and in many cases, experiment with new business models. That makes evident in how different cultural industries have turned to the use of these licenses, consolidating Chile as the first Latin American country in use of CC per capita.

- Public Information: How to provide access to public information is an issue that is increasingly relevant in the states of the world. In Chile there are no decides policies on this issue and Creative Commons licenses are presented as standarized and free opportunity, with increasingly popularity in other states that has emerged as a consolidated solution.

- Academic research: One of the answers of more economic advantage to achieve a developing country like Chile be finally able to enter to the virtuous circle of I+D, is to make their research available in the scientific world easily, but in turn have more access to other research that help to strengthen our scientists formation. In this context, use of Creative Commons not only allows more access to knowledge, but also makes available researchers within a community of open access.

What do you think makes a successful jurisdiction project?

- The ability to establish networks with users of Creative Commons , that boost their knowledge, communication and collaboration.

- Aware projects that use Creative Commons to national and international public opinion, expert and general, through eents and generation of media strategies.

-Keep a fluid communication channel with the creators and public opinion by web tools, such as project official web, in this case,

- Ability to attract new users to free culture project, not only from civil society, but also from private and public areas, that allow this licenses become part of institutions.

- Research to generate a theoretical-practical sustain informed and contextualized in local (or even regional) area several public products such as reports, publications, etc., which include advantages, disadvantages, difficulties and potentials of free culture and Creative Commons licenses.

- Conduct training workshops about Creative Commons, induction talks, seminars and every instance that allows, through a more personalized communication, root the community interested on free culture.

How do you see the jurisdiction project contributing to the CC Affiliate Network?


- Generate research that allow to build a theoretical-practical body that sustain in an informed and contextualized way in local and regional area, several products such as reports, publications, etc. that have included advantages disadvantages, difficulties and potential of free culture and Creative Commons licenses. An example of these, already published, are Bloggers legal guide, Librarians legal guide, Academic Publications, etc.

- Disseminate study cases about innovative uses of Creative Commons in chile, that allow to know projects in Chile and abroad. Thus, today we have a permanent update of local website with a showcase of projects and regular interviews, beside including cases in Case of Studies wiki of Creative Commons. Also considered is the publication during two consecutive years of Hipatia (suplement and web of national level with reports and updates of local and international free culture) , and the work currently being done to publish a dossier on anniversary of Creative Commons Chile 5 years.

- Work along with other affiliates to CC network, on studies or experience exchange. That's what has being done with the participation in several events of CC Chile in diferent affiliate countries such as Colombia, Argentina, Brasil, Costa Rica, Ecuador, etc. Besides, with the organizations where is a nearest relation, transnational projects have been faced like project of Good Practices and Publishing Policies Open Access for Academic Publications, conductes by members of CC Chile and Colombia.


Describe the communities that are currently active in the project.

-Librarians, photographers and editors -Researchers -Netlabels -Bloggers

How will you continue to engage with these communities?

- Librarians, photographers and editors:

Since 2007, these groups of actors have been very important because as developers and publishers of intellectual works, their active participation was considered in the project “Copyrught and Human Rights. Monitoring, Research and Strenghtening civil Society” , led by ONG Derechos and largely financed by Ford Foundation. With them were discussed the creation of public policies that grantaccess to knowledge and, therefore, introduced free culture, specifically, license with Creative Commons. Particularly in the case of librarians, relation has been specially active because togheter we have participated in discussions about new intellectual property law in Chile and copyright training that these professionals need.


ONG Derechos Digitales has worked for the past two years analizing and in proposals policies of open access for academic journals. The result of this work has been in publishing a book (national) and a website with information, on a regional area of studies and materials for uniersity editors. The audienceof this work are researchers ad editors of academic publications that look for legal and technical advice when adopting open licences for their work.


Music labels based on the web are one of the most active expressions of music industry the last years in Chile. There are over thirty netlabels that, independently and self managed, use Creative Commons licenses as a way to distribute their work around the world. To contribute to its spread, ONG Derechos Digitales organized Noa Noa Gfestival in 2009, which was so succesful that was even replied by a local actor in Argentina.


Aware of the increasingly creators of content on the web, ONG Derechos Digitales created the Bloggers Legal Guide, which contains recommendations to legal issues that are presented daily writing on a blog. Indeed, one of the troubles treated is copyright and, consequently, one of the recommendatiosn given is use of Creative Commons licenses.

Describe the communities (existing or new) that you plan to focus on during the timeframe covered by this roadmap

-Public Area/State -Scientific Research -General Audience

How do you plan to engage with these communities?

1) Public area/State: Agencies and administrative divisions of State of Chile, that produce relevant information for public. To contact them, there will be two strategies: mail is sent to agencies where is hoped to achieve at least 5 meetings, to expose experience with other countries that apply licenses from Creative Commons to State information; the same isssue will have the direct meetings with emblematic State organizations that mean more visibility of Creative Commons on public opinion, if they change their policies: Ministry of General Secretary of Government, Sernatur, Chileclic, Dibam.

2) Scientific research: Conicyt (National Comission for Sciencie and Tecnhologic Research) and universities with academic journals. With Conicyt, ONG Derechos Digitales during 2011 will execute a project about studies of license policies for scientific works funded by State and will offer recommendations about licensing where Creative Commons have a special place. With universities that produce academic journals, ONG Derechos Digitales has worked during 2009 and 2010 with several projects about advice to license magazines and turn them open access. During 2011, is planned continue with meetings to solve possible doubts and concerns .

3)General audience: People that can be creators or consumers of content, that so far don't know Creative Commons licenses and their benefits both profile of authors and audiences. To engage with them, during 2011 ONG Derechos Digitales will implement a campaign with activities such as: release of viral videos on Internet, improvement of website, publishing of dossier with relevant cases of CC Chile, and an event as public celebration of the more than 5 years of CC in Chile.

Priority Goals

The specific projects we will work at are:

1. Focus-area:

Government/Public area

Because the protection of public information in Chile is not compatible with access of citizens. Achieve a close up, and then a change in public policies to consider access is today a priority actually.

The communities with benefit will be citizens, agencies or media wanting to access to information.

2. Focus-area:

Scientific research

The vast majority of scientific research in Chile is funded direc or indirectly by State. There are no clear policies of licensing for results or data obtained from these studies, they aren't clear or decided respect to public access. The communities that will benefit are Researchers, students and teaching agencies.

3. Focus-area:

Public audience

Creative Commons Chile counts with limited resources, what has forced us to focus our work in this 5 years to known creators communities: independent musicians and producers, librarians, etc. Actually the challenge is to extend difussion area of Creative Commons to general audience, by an advertising campaign based on Internet and other complementary events.

Project Outputs

The outputs we plan to complete are as follows:

1. Focus-area

a. Project Output: Development of a guide focused on CC licenses implementation in public area, with a view to their implementation on contents generated by government or other public organisms. Bilateral meetings with members of goverment and specific public services. Expected start date - Expected date of completion: Starting on March 1, 2011, expire on July 31, 2011 b. Team Member(s) Responsible: Francisco Vera. c. How will this output help achieve your goals? Help us to approach to public sector and government, first designing a product and then managing meetings with communications and contents managers of some State services to collaborate in their process of opening up content and transparency.

2. Focus-area

a. Project Output: Report on licensig conditions of research projects funded with public funds. b. Expected start date - Expected date of completion: March-September 2011 c. Team Member(s) Responsible: Claudio Ruiz d. How will this output help achieve your goals?: It will help in the goal of disseminating and collaborating with implementation of licensing policies with Creative Commons and Open Access on scientific production funded with public funds.

3. Focus-area

a. Project Output: Redesign website, create thematic mini-sites, event 5 years iof CC Chile. b. Expected start date - Expected date of completion: Starting March 1, 2011, ending November 30, 2011. c. Team Member(s) Responsible: Paz Peña d. How will this output help achieve your goals?: It helps in the goal of spreading CC licenses in our country, to people that still don't know or understand them, nor understand their potential benefits as creator or user of information.


How will you measure and evaluate your impact on focus-area 1?

- Obtaining at least 5 meetings with public services government to promote it. - We will measure the amount of downloads and visits obtained by the special guide in our website, considering how specific the product is and the origin of the visits to determine their success. - Amount of agencies, websites or information released under CC license in government.

How will you measure and evaluate your impact on focus-area 2?

- The number of copies distributed and eventually download of report for Conicyt.

How will you measure and evaluate your impact on focus-area 3?

- Visitors and comments on website redesign. - The attendance of people to events related to CC.

Resources Required

What human resources or expertise must the team seek out to achieve your priority goals?How will you secure these

We are going to involve people related to design area and visual artists to colaborate with our 2011 goals, in the sense of giving a new impulse to the diffusion of CC licenses.

They will involve through their work on creation and design of the new campaign on plans.

What technology resources must the team seek out in order to achieve your priority goals?

We will seek to expand capabilities of our website, offering more focused content to users profiles more specific, such as musicians, visual artists, writers and general audience. We will get it with our own resources and cooperation of people described above.

What material resources must the team seek out in order to achieve your priority goals?

The material resources needed are not static, but are about necessary infrastructure to mount events for the celebration of 5 years of CC licenses in Chile.

To carry them out, we will use resources in ONG Derechos Digitales, in addition to obtain funds of sponsors or charging entrance fees to events.

What other resources must the team seek out in order to achieve your priority goals?

As noted above, we will look for sponsors and also apply to funding, public and private, that consider the possibility to fund projects related to Derechos Digitales.

Sustainability and Scalability

How will you ensure your goals will be completed if unforeseen circumstances interrupt the project, such as changes in the leadership of the project or outputs taking longer to complete than anticipated?

We have enough human and material resources to grant continuity of our projects. Respect to the team, the changes in leadership of CC-CL will not affect mostly, because we have several members in the team with the necessary legal and communication skills to continue with projects. Regarding possible delays in the projects, ONG Derechos Digitales counts with a management of more than 6 years which grants continuity and sustainability of our projects, so we have the necessary tools to face this and other difficulties

How will you communicate the project's on-going progress and setbacks within the jurisdiction and the CC Affiliate Network? (e.g. email list updates, meetings, press releases)

We participate permanently, and we will do on mailing lists at national, regional and international level, besides direct contact among different local chapters of CC, and regularly send press releases in our website, which are replied in

How will you document the project so that others may replicate or learn from your efforts?

Experiences and most significant projects we develop, are registered in Wiki of CC about case studies. In addition, activities made are communicated in our websites and


How could the jurisdiction's plans help drive or support other jurisdictions' activities?

Our plans are in line to other jurisdiction of Creative Commons in our region, particularly with what CC-CO (Colombia) has been doing.

In this sense, among strategic objectives and projects for 2011 includes an investigatiion in digital libraries issues and access to information fund with public resources, where we can help based on similar researches developed in ONG Derechos Digitales.

What are other jurisdictions doing that might support or contribute to the project?

We don't find relevant information in the wiki.

Would you be interested in mentoring new jurisdiction teams?

We are willing to support and be mentors of new national teams of Creative Commons, both new teams formed in countries where the organization has not arrived, as countries where the same is updated or changing leadership.

Conversely, would you be interested in having a mentor from a more experienced jurisdiction team?

We are always available to receive foreign help. Specifically, we could receive help of more experienced teams in matters of approach to creators communities where the organization has not reached yet, and also in issues of software development linked with CC. Regional Suggest three possible projects on which you can collaborate with other teams on a regional level. If you are not yet involved with the regional network, please contact the regional spokesperson (if any) or notify CC HQ to put you in touch with others.

How do you plan to contribute to these projects?

1) Spain is a key country that Latin America looks like an example in several issues related with intellectual property, particularly about activities made by Collective management societies of copyright such as SGAE, that in practice determine strategies that follow organizations of management of south america. In this context, we believe that many of the difficulties encountered with the management bodies are due to little kowledge they have of CC licenses, what turns on a limited approach of SGAE in this issue.

As previously noted, is important that Creative Commons Spain begin contacts with SGAE and make a concrete plan of approach among them. ONG Derechos Digitales offers legal counsel to get this goal.

2) At regional level, it is proposed that Creative Commons be able to enter to varoius public meetings that management societies of copyright hold with public authorities. This should allow greater diversity to a public speech that today, in much of Latin America, focus on overprotection of copyright and little or no access to culture and knowledge.


In what language(s) will you promote CC in the jurisdiction and why?

We promote and have adopted CC license only in spanish, because is the officiall anguage in our country and no other languages are spoken by a considerable proportion of our population, to justify such a task.

In which of these languages are licenses already available? CC0?

We've only adapted CC license in spanish. To date we have not adapted CC0 license because it isn't among our strategic objectives.

Into which of the remaining languages do you intend to translate the licenses? CC0?

We don't have intention for now to traduce the license to other languages, nor CC0 license to our country, in part because this one hasn't been brought officially to spanish and we have doubts of its applicability in chilean legal system.