Friday, October 14, 2005

Adelphi Charter

I attended the launch of the RSA's intellectual property charter yesterday evening. Written by an international commission consisting of a hugely distinguished group of artists, scientists, lawyers, politicians, economists, librarians, academics and business experts, The Adelphi Charter on Creativity, Innovation and Intellectual Property represents an immensely important set of principles for the future of the knowledge economy. Here's a taste:

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 social life...

and so on to number 9 which basically requires evidence of claimed benefits from people asking for changes in IP laws.

The real challenge comes from attempting to put these principles into practice and I'm reminded of the story of the lost tourist in Connemara who stops to ask one of the locals the way, only to be told, "Now if I was going there, I wouldn't start from here."

So it's a difficult road ahead if the charter is to have any real influence. James Boyle has already got his own measure of success for it - when it becomes so "banal and obvious" that anyone who might have an interest would be stunned beyond belief at the notion that it had ever been the subject of serious debate. When it comes to IP, requiring evidence of the claimed benefits before engaging in massive expensive policy changes, is considered controversial. This in itself is rather a sad reflection on our modern policy making processes in the area.

John Howkins, veteran of many policy fora, and chairman of the Adelphi Charter Commission said last night that he has never been subject to such personal vitriol as he has over this charter, almost exlusively based on a misunderstanding or mischaracterisation of what the commission are trying to do. This was evidenced in the RSA lecture theatre by an authors' representative saying that the charter was worthless because it made no reference to an author's right to be paid for their work. Yet the charter explicitly includes the language: "Creativity and investment should be recognised and rewarded."

My systems colleagues at the Open University would suggest that this represents a thinking trap. but when it comes to people's personal beliefs and values it's quite a tough one to break through.

In any case, here's to the rapid descent of the Adephi Charter into universally accepted banality!

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