Adelphi Charter
Encyclopedia
The Adelphi Charter on Creativity, Innovation and Intellectual Property is the result of a project commissioned by the Royal Society for the encouragement of Arts, Manufactures & Commerce
, London, UK, and is intended as a positive statement of what good intellectual property
policy
is. The Charter was issued on the 13th October, 2005.
The Charter has subsequently influenced thinking on Intellectual Property Law, and in particular, heavily influenced a subsequent copyright manifesto Copyright for Creativity
- A Declaration for Europe.
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. And, in the future, others will use what we have done.
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 disconnect threatens the chain of creativity and innovation on which we and future generations depend.
We therefore call upon governments and the international community to adopt these principles:
RSA, Adelphi, London, 13 October 2005
Commission members at the time of publishing included;
The Director was John Howkins
http://www.ipcharter.org/johnhowkins.asp, and the Research Coordinator Dr Jaime Stapleton http://www.jaimestapleton.net.
Royal Society of Arts
The Royal Society for the encouragement of Arts, Manufacturers and Commerce is a British multi-disciplinary institution, based in London. The name Royal Society of Arts is frequently used for brevity...
, London, UK, and is intended as a positive statement of what good intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
is. The Charter was issued on the 13th October, 2005.
The Charter has subsequently influenced thinking on Intellectual Property Law, and in particular, heavily influenced a subsequent copyright manifesto Copyright for Creativity
Copyright for Creativity
Copyright for Creativity - A Declaration for Europe is intended as a positive statement of how good copyright policy needs to be constructed in the Internet Age, and comes against the background of increasing political debate within Europe as to the need to rethink copyright in the internet...
- A Declaration for Europe.
Adelphi Charter on Creativity, Innovation and Intellectual Property
The Adelphi Charter reads: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. And, in the future, others will use what we have done.
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 disconnect threatens the chain of creativity and innovation on which we and future generations depend.
We therefore call upon governments and the international community to adopt these principles:
- 1. Laws regulating intellectual property must serve as means of achieving creative, social and economic ends and must not be seen 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 which 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 protecting, 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 detriments and benefits.
RSA, Adelphi, London, 13 October 2005
Authors of the Charter
The Charter was prepared by an International Commission of experts from the arts, creative industries, human rights, law, economics, science, R&D, technology, the public sector and education.Commission members at the time of publishing included;
- Professor James Boyle - William Neal ReynoldsWilliam Neal ReynoldsWilliam Neal Reynolds was a U.S. sportsman and businessman with R. J. Reynolds Tobacco Company, which was founded by his brother R. J. Reynolds.-Early life:...
Professor of Law, Duke Law School, and Faculty Co-Director, Center for the Study of the Public DomainCenter for the Study of the Public DomainThe Center for the Study of the Public Domain, based at Duke Law School, aims to redress the balance of academic study of intellectual property. In their analysis, academic focus has been too great on the incentives created by these rights, rather than the contribution to creativity from...
, Duke UniversityDuke UniversityDuke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B... - Lynne BrindleyLynne BrindleyDame Lynne Janie Brindley, DBE, FRSA is a British professional librarian and has been the Chief Executive of the British Library, the United Kingdom's national library, since July 2000.-Career:...
- Chief Executive, British LibraryBritish LibraryThe British Library is the national library of the United Kingdom, and is the world's largest library in terms of total number of items. The library is a major research library, holding over 150 million items from every country in the world, in virtually all known languages and in many formats,... - Professor William Cornish - Former Herchel SmithHerchel SmithHerchel Smith was an Anglo-American organic chemist. His discoveries include the key inventions underlying oral and injectable contraceptives. In later life, he was a major benefactor to university science....
Professor of Intellectual Property University of CambridgeUniversity of CambridgeThe University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally... - Carlos Correa - Centre for Interdisciplinary Studies on Industrial Property and Economics University of Buenos AiresUniversity of Buenos AiresThe University of Buenos Aires is the largest university in Argentina and the largest university by enrollment in Latin America. Founded on August 12, 1821 in the city of Buenos Aires, it consists of 13 faculties, 6 hospitals, 10 museums and is linked to 4 high schools: Colegio Nacional de Buenos...
;and South Centre Switzerland - Darius Cuplinskas - Director, Information Programme Open Society InstituteOpen Society InstituteThe Open Society Institute , renamed in 2011 to Open Society Foundations, is a private operating and grantmaking foundation started by George Soros, aimed to shape public policy to promote democratic governance, human rights, and economic, legal, and social reform...
- Carolyn Deere - Chair, Board of Directors, Intellectual Property WatchIntellectual Property WatchIntellectual Property Watch is a Geneva based publication reporting on policy issues and influences relating to international organizations , especially those in Geneva such as the World Intellectual Property Organization, World Trade Organization, World Health Organization and International...
; and Research Associate, Global Economic Governance Programme, University of OxfordUniversity of OxfordThe University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
and University College Oxford. - Cory DoctorowCory DoctorowCory Efram Doctorow is a Canadian-British blogger, journalist, and science fiction author who serves as co-editor of the blog Boing Boing. He is an activist in favour of liberalising copyright laws and a proponent of the Creative Commons organization, using some of their licences for his books...
- Staff Member, Electronic Frontier FoundationElectronic Frontier FoundationThe Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
; and writer - Peter DrahosPeter DrahosProfessor Peter Drahos is an Australian academic and researcher specializing in the areas of intellectual property and global business regulation amongst others. He is the Director of the Centre for Governance of Knowledge and Development and the Head of Program of the Regulatory Institutions...
- Professor of Law, Director of the Centre for Competition and Regulatory Policy, and Head, RegNet, The Australian National UniversityAustralian National UniversityThe Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students... - Bronac Ferran - Director, Interdisciplinary Arts Arts Council EnglandArts Council EnglandArts Council England was formed in 1994 when the Arts Council of Great Britain was divided into three separate bodies for England, Scotland and Wales. It is a non-departmental public body of the Department of Culture, Media and Sport...
- Dr Michael Jubb - Director, UK Research Libraries Network
- Gilberto GilGilberto GilGilberto Passos Gil Moreira , better known as Gilberto Gil or , is a Brazilian singer, guitarist, and songwriter, known for both his musical innovation and political commitment...
- Minister of Culture, BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
; and musician - Professor Lawrence LessigLawrence LessigLawrence "Larry" Lessig is an American academic and political activist. He is best known as a proponent of reduced legal restrictions on copyright, trademark, and radio frequency spectrum, particularly in technology applications, and he has called for state-based activism to promote substantive...
- Chair, Creative CommonsCreative CommonsCreative Commons is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons...
; Professor of Law and John A. Wilson Distinguished Faculty Scholar Stanford Law SchoolStanford Law SchoolStanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law... - James LoveJames LoveJames Packard Love is the director of Knowledge Ecology International, formerly known as the Consumer Project on Technology, a non-governmental organization with offices in Washington, D.C...
- Executive Director, Consumer Project on TechnologyConsumer Project on TechnologyKnowledge Ecology International is a non-governmental organization. It was founded by Ralph Nader in 1995 and was then called Consumer Project on Technology. It deals with issues related to the effects of intellectual property on public health, cyberlaw and e-commerce, and competition policy...
; and Co-Chair, Transatlantic Consumer Dialogue (TACD) Committee on Intellectual Property - Hector MacQueenHector MacQueenProfessor Hector L. MacQueen, FBA, FRSE, is a Scottish academic, a senior scholar of Scots law and legal history. He is Professor of Private Law at the University of Edinburgh and a former Dean of its Faculty of Law...
- Professor of Private Law and Director, AHRB Research Centre on Intellectual Property and Technology Law University of EdinburghUniversity of EdinburghThe University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university... - Professor John NaughtonJohn NaughtonJohn Naughton is an Irish academic, journalist and writer based in the United Kingdom since 1968. He has worked at the Open University since 1972, and has held the title of Professor of the Public Understanding of Technology since 2006....
- Professor of the Public Understanding of Technology, Open UniversityOpen UniversityThe Open University is a distance learning and research university founded by Royal Charter in the United Kingdom...
; Fellow of Wolfson College, Cambridge UniversityUniversity of CambridgeThe University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
; and columnist, 'The ObserverThe ObserverThe Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
' - Vandana ShivaVandana ShivaVandana Shiva , is a philosopher, environmental activist, and eco feminist. Shiva, currently based in Delhi, has authored more than 20 books and over 500 papers in leading scientific and technical journals. She was trained as a physicist and received her Ph.D...
- physicist, philosopher, environmental activist and writer. - Sir John Sulston - Nobel Laureate; former Director, Wellcome TrustWellcome TrustThe Wellcome Trust was established in 1936 as an independent charity funding research to improve human and animal health. With an endowment of around £13.9 billion, it is the United Kingdom's largest non-governmental source of funds for biomedical research...
, Sanger InstituteSanger InstituteThe Wellcome Trust Sanger Institute is a non-profit, British genomics and genetics research institute, primarily funded by the Wellcome Trust.... - Louise Sylvan - Deputy Chair, Australian Competition and Consumer CommissionAustralian Competition and Consumer CommissionThe Australian Competition and Consumer Commission is an independent authority of the Australia government. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the Trade Practices Act 1974...
The Director was John Howkins
John Howkins
John Anthony Howkins is a widely-cited British author and frequent international keynote speaker on the Creative Industries with particular expertise in the development of this economic sector in China...
http://www.ipcharter.org/johnhowkins.asp, and the Research Coordinator Dr Jaime Stapleton http://www.jaimestapleton.net.
External links
Official- RSA
- The Adelphi Charter
- http://www.copyright4creativity.eu/bin/view/Main/Declaration Copyright for Creativity - A Declaration for Europe