Oct 232014

JK at TOCTERA Associates has released a follow up to their 2010 study on the impact of “piracy” on creative industries in the European Union.  The new study, entitled “The Economic Contribution of the Creative Industries to EU GDP and Employment,” makes three arguments:

1)     That the creative industries include 8.3 million “core” creative jobs and 5.7 million “interdependent” and “non-dedicated support” jobs, totaling 14% of the EU27 workforce and contributing 6.8% of GDP (€ 860 billion).

2)     That between 2008 and 2011, piracy “destroyed” € 27.1 – 39.7 billion in economic value, resulting in a loss of between 64,089 and 955,125 jobs.  According to TERA’s forecast, these numbers are likely to climb to € 166-240 billion by 2015, with 600,000 to 1.2 million jobs lost.

3)     That although economic depression and other factors may play a role in some sectoral changes, (such as retail), these job and economic losses are attributable to the failure of EU member states to adopt stronger IP enforcement measures. Continue reading »

Oct 232014

butler150px[Cross posted from brandonbutler.info, Link, (CC-BY)] When can teachers share copyrighted works (or excerpts therefrom) with students without payment or permission?

While other parts of the law come into play in narrow contexts, this is primarily a question about the scope of the doctrine of fair use. Educators have struggled with the dimensions of fair use for decades, and we are now at a pivotal point in that struggle. Friday’s decision from the 11th Circuit Court of Appeals in the Georgia State e-reserves case may be the last word on this issue for a long time. What does it say? Continue reading »

Oct 232014
Image:  EFF (CC-BY)

Image: EFF (CC-BY)

The newly leaked May 16 draft of the Trans Pacific Partnership intellectual property chapter confirms previous reports that negotiators are discussing plans to postpone some of the TRIPS-Plus obligations on intellectual property and pharmaceuticals for some of the countries involved.

It includes as an addendum a “Proposal on Patent Pharmaceuticals Transition Periods” that would establish three “categories” of country, which are relatively high, middle, and low income. The relatively middle and low income countries would have transition periods that delayed their obligations related to patent extensions, linkage, and data exclusivity. After relatively short transition periods, all countries would have to apply the TRIPS-Plus rules that the World Health Organization warns may have “adverse impacts on access to medicines.” (p.72) Continue reading »

Oct 222014

oabutton_logo_final200Open Access Button press release, Link, CC-BY
Joseph McArthur, +447732634892 | media@openaccessbutton.org

London, England. The Open Access Button today launched a suite of new apps to help researchers, patients, students and the public get access to scientific and scholarly research. People use research everyday to create scientific and medical advances, understand culture, and fuel the economy, but articles can cost $30 or more to read each, even though much of the research is funded by the public in the first place. The new apps are available both for mobile phones and web browsers and can be downloaded at openaccessbutton.org.  Continue reading »

Oct 212014

krista-coxReposted from Association of Research Libraries’ Policy Notes blog, Link, CC-BY

On Friday, October 17, 2014, the Eleventh Circuit released its long-awaited decision in the Georgia State University (GSU) e-reserves case.Some key takeaways from the majority opinion include:

  • Affirms that fair use is applied on a case-by-case basis;
  • Rejects bright-line rules, such as using a ten-percent-or-one-chapter rule to allow fair use (a rule that the district court adopted);
  • Affirms that even if a use is non-transformative, a nonprofit educational purpose can still favor fair use;
  • Rejects the coursepack copying cases as applicable;
  • Finds that a publisher’s failure to offer a license will tend to weigh in favor of fair use in terms of the fourth fair use factor; and
  • Gives weight to a publisher’s incentive to publish, rather than focusing on the author’s incentive to create.

Continue reading »

Oct 202014
bolivian dancers - Gatol Fotografía  CC-BY-SA

Gatol Fotografía (CC-BY-SA)

[Cross posted from Fundación Karisma, Link, (CC-BY)] In Bolivia, La Paz’s City Council is discussing the “Municipal Autonomy Bill No. 100,” which seeks to create mechanisms to ensure the protection of the public performance right of musical works via strengthening collecting society system.

The draft law has generated considerable public discontent in Bolivian society because it is quite broad in powers granted to the country’s main collecting society, SOBODAYCOM. The bill seems to have a very wide scope as it suggests that to develop any musical activity in the city of La Paz hereunder the SOBODAYCOM’s authorization will be required. The entity will grant it upon payment of the appropriate license. Continue reading »

Oct 202014

oa logaGeneration Open” Theme Highlights Students and Early Career Researchers

SPARC Press Release
Contact: Ranit Schmelzer
Phone:  202.538.1065
Email:  media@sparc.arl.org

Washington, DC – Hundreds of events will take place across the globe to highlight the power that Open Access has to increase the impact of scientific and scholarly research during the seventh annual Open Access Week taking place from October 20-26, 2014.

This year’s theme of “Generation Open” highlights the important role that students and early career researchers play as advocates for change, both in the short-term through institutional and governmental policy, and also as the future of the Academy upon whom the ultimate success of the Open Access movement depends. The theme will also explore how changes in scholarly publishing affect scholars and researchers at different stages of their careers. Continue reading »

Oct 202014

tac-logo[Treatment Action Campaign, Link, (CC-BY)] October 20th, 2014—PRETORIA: Patients, doctors and members of civil society meet today with government experts to plot a course for quickly reforming South Africa’s patent laws, so that people can access the life-saving medicines they need at affordable prices. The National Summit on Intellectual Property (IP) and Access to Medicines in Pretoria was organised by the Treatment Action Campaign (TAC) which is leading the “Fix the Patents Laws’ coalition of 13 other civil society organisations. Continue reading »

Oct 172014

us flag w logosThe Trans-Pacific Partnership is a sweeping trade agreement, spanning the Pacific Rim, and covering an array of topics, including intellectual property. There has been much analysis of the recently leaked intellectual property chapter of the Trans-Pacific Partnership by WikiLeaks. Julian Assange, WikiLeaks’ Editor-in-Chief, observed “The selective secrecy surrounding the TPP negotiations, which has let in a few cashed-up megacorps but excluded everyone else, reveals a telling fear of public scrutiny. By publishing this text we allow the public to engage in issues that will have such a fundamental impact on their lives.”  Critical attention has focused upon the lack of transparency surrounding the agreement, copyright law and the digital economy; patent law, pharmaceutical drugs, and data protection; and the criminal procedures and penalties for trade secrets. The topic of trade mark law and related rights, such as internet domain names and geographical indications, deserves greater analysis. Continue reading »

Oct 172014

hgapAccess to New AIDS, TB, and Hepatitis C Medicines Threatened

For Immediate Release
Health GAP (Global Access Project)
Contact: Paul Davis: +1 202 817 0129

Wikileaks has released a 77-page document revealing the negotiation positions of the twelve Pacific rim countries locked in negotiations for a Trans-Pacific Partnership (TPP) Agreement. The leaks reveal nothing but bad news for hundreds of millions of people living both in rich and poor countries whose access to affordable medicines will be threatened by the patent extremism that the White House seeks to export and impose on TPP trading partners. Continue reading »

Oct 162014
Image:  EFF (CC-BY)

Image: EFF (CC-BY)

Today, Wikileaks has released a draft text of the Trans Pacific Partnership intellectual property chapter, dated May 14, 2014.  This is the most up-to-date source for the text, which is kept secret by negotiators, despite numerous calls for its release.  (The previous leak, upon which much of the recent TPP analysis was based, was from August 2013.)

The full text is available hereAlso see comments on it from Knowledge Ecology International, Public Citizen, Derechos Digitales, Association of Research Libraries,  Médecins Sans Frontières, Michael Geist, Margot Kaminski and a Wall Street Journal Story by Ed Silverman.  More to come soon!