Around the world, antipiracy NGOs train police to recognize the unauthorized use of music and films and to publicly destroy illicit CDs and DVDs. For those who enforce laws governing intellectual property (IP), music and film piracy underscores how digital reproduction can be conceived of as forgetful, inconstant, and promiscuous.
Author: Carlos M. Correa
The incorporation of intellectual property into trade agreements has not proven to bring about the promised benefits. The premises that have underpinned the global strengthening and expansion of intellectual property through such agreements – namely that the same standards of protection are suitable for countries with different levels of development and that innovation will be boosted – do not match the reality.
[Till Kreutzer, Initiative Against an Ancillary Copyright, Link (CC-BY)] Yesterday, Statewatch leaked a draft version of the Impact Assessment (IA) report for the upcoming copyright reform. Concerning the area of publisher’s rights it leaves a devastating impression. The authors of the IA suggest introducing a new ancillary/neighbouring right for news publishers with a broad scope. And they make it sound like this would be an obvious and particularly good choice.
Summary: Developing early literacy requires access to structured decodable texts and levelled readers, an array of supplementary reading materials (SRMs), and teachers trained in literacy development methods and teaching in language/s spoken in the school where they teach. As children acquire literacy most effectively in their mother tongue, this introduces a significant barrier for those who live in low-income countries and speak local languages for which there is not a viable publishing industry. Even where content has been created, the supply chains that are needed to print and distribute educational materials are typically under-funded, inefficient, and often susceptible to corruption. In addition, these supply chains are often inequitable, are based on unreliable school statistics, have storage and stock control systems that are substandard, depend on poor transportation facilities, and are negatively affected by delayed payments from governments.
Singapore Ministry of Law (Link)
Consultation Period: 23 Aug 2016 to 24 Oct 2016
Copyright is a form of intellectual property right which gives creators and producers of creative works the right to control specific uses of their works for a limited period of time.
A good copyright regime balances between providing exclusive rights as an incentive to create and disseminate new creative works, and providing appropriate access to those works for the benefit of other creators and society at large. This balance encourages the creation and dissemination of knowledge and ultimately contributes to the larger drive to foster innovation.
[Marcus Low, Business Day, Link] It is often argued that weakening patent monopolies on pharmaceuticals will lead to fewer new medicines being discovered. Whether this is indeed the case, and to what extent, is one of the key questions that must be addressed by a UN high-level panel convened to consider the “policy incoherence between the justifiable rights of inventors, global human rights law, trade rules and public health”.
One of the difficulties faced by the panel, and by any policy maker, is the lack of transparency in relation to drug development. Firms generally disclose little detail about what they spend on research and development (R&D) for new medicines.
Technology has become essential for education. Many countries around the world have started to incorporate technology in the educational environment, thereby changing the educational process in order to give 21st-century learners the new abilities they need. Moreover, for developing countries, the use of technology in education represents an opportunity to solve salient problems of their educational systems. Nonetheless, countries have left aside the fact that copyright law governs how that technology can be effectively used in education.
Abstract: Twenty-five years ago, in a seminal article in the Harvard Law Review, Judge Leval changed the course of copyright jurisprudence by introducing the concept of “transformativeness” into fair use law. Soon thereafter, the Supreme Court embraced Judge Leval’s new creation, calling the transformative inquiry the “heart of the fair use” doctrine. As Judge Leval conceived it, the purpose of the transformative inquiry was to protect the free speech and creativity interests that fair use should promote by offering greater leeway for creators to build on preexisting works. In short, the transformative standard would ensure that copyright law did not “stifle the very creativity which that law [was] designed to foster.”
Abstract: The Trans Pacific Partnership Agreement (TPP) is a large regional trade agreement involving 12 countries. It was signed in principle in February 2016 but has not yet been ratified in any of the participating countries. The TPP provisions place a range of constraints on how governments regulate the pharmaceutical sector and set prices for medicines. This article presents a prospective policy analysis of the possible effects of the TPP on these two points in Canada and Australia.
The New Zealand Parliamentary Committee on Foreign Affairs, Defence and Trade has posted draft legislation to bring its law into compliance with the Trans Pacific Partnership, as well comments on the legislation, all of which are available here. The following excerpt from the comments submitted by Google New Zealand focuses on the importance of a “flexible and dynamic” copyright exception.
Google believes that in order to promote innovation and creativity, New Zealand should adopt copyright exceptions that allow the market, new technologies and new creativity to evolve. New Zealand needs not only technologically neutral copyright protections, but also dynamic, technology neutral exceptions that allow new, legitimate uses of copyright and services to evolve as technology evolves.
[Reposted from the author’s blog, here. (CC-BY)] The Copyright Office is poised to issue a total rewrite of Section 108 of the Copyright Act, which protects library and archives’ copying for preservation and research. Libraries and archives have said they do not want this, but the Office seems to be determined to do it. So, a group of Deans and Directors of Virginia university libraries has sent a letter to House Judiciary Chairman Bob Goodlatte (R-VA!) to ensure he realizes the controversy and context that surrounds the Office’s proposed changes. If you are a concerned library or librarian, consider writing your representative, especially if they sit on the Judiciary Committee.
[Electronic Information for Libraries, Link (CC-BY)] New EIFL resources document the recent changes in Polish copyright law that bring library services in Poland into the 21st century. The centrepiece for libraries of the new copyright legislation are provisions that enable digitization for socially beneficial purposes, such as education and preservation of cultural heritage.