Author: PIJIP

U.S., Canadian & Mexican Law Professors, Academics and Policy Experts: NAFTA Must Include Fair Use, Safe Harbors

Update – November 20: The statement of principles for copyright balance in trade agreements is now available in both English and French WASHINGTON – Today, over seventy international copyright law experts called for NAFTA and other trade negotiators to support a set of balanced copyright principles. The experts urge trade  negotiators to support policies like fair use, safe harbor provisions, and other exceptions and limitations that permit and encourage access to knowledge, flourishing creativity, and innovation. Signatories include preeminent intellectual property professors and experts from law schools, think tanks, and public interest organizations in the U.S., Canada, and Mexico, as well as Argentina, Australia, China, Ireland, and Switzerland. “Most people don’t realize that everyday tools like social media, search engines, and internet archives rely on balanced copyright policies like fair use and safe harbor provisions. In a world that increasingly relies on the internet, global citizens need to access digital content for education, research, and culture. NAFTA and other trade agreements should not export a one-sided copyright policy, but instead reflect the digital realities of the 21st century,” said Sean Flynn, intellectual property professor at the American University Washington College of Law and Associate Director of the Program on Information Justice and Intellectual Property (PIJIP). Signers lay out the following copyright principles to ensure consumers’ digital rights: Protect and promote copyright balance, including fair use Provide technology-enabling exceptions, such as for...

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Copyright & Education in the Digital Environment: Challenges & Opportunities

Tuesday, November 14, 13:00 Luncheon; 13:20 Panel Discussion @World Intellectual Property Organization, Room A, AB Building Sponsored by: The Brazilian Delegation to WIPO, and the American University Washington College of Law Program on Information Justice and Intellectual Property Background and Purpose There is an increasing recognition in both domestic and international copyright reform debates that all creators and users in all countries benefit from copyright systems that are balanced with both author and user rights. A key balancing feature of modern copyright law is sufficient flexibility to accommodate the shifting technologies and practices of the digital age. This is particularly true in the field of education, where the evolution of digital technologies has made distribution of educational materials more cost effective, and raised concerns in some sectors about market erosion. This panel discussion will focus on the challenges and opportunities that digital technologies pose for copyright and educational materials distribution and what the best role for WIPO to play in the field might be. Participants Daniel Pinto, Ministry of Foreign Relations, Brazil Sean Flynn, American University Washington College of Law (Presentation) Nikola Wachter, Education International Allan Rocha, Federal University Rio De Janeiro (Presentation) Henrique Mota, President of the Federation of European Publishers Jonathan Band,...

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Global Congress on Intellectual Property and the Public Interest V

SAVE THE DATE: September 27-29, 2018 (0 days: Sept 24-26) American University Washington College of Law’s Program on Information Justice and Intellectual Property is pleased to announce the hosting of Fifth Global Congress on Intellectual Property and the Public Interest, September 27-29, 2018, Washington D.C.  As with previous meetings, we will have space available for self-organized project meetings and trainings in the preceding days – September 24-26. The Congress has long defined its objectives as lying at the intersection of scholarship and advocacy, including: the mobilization of existing scholarly research directly into the hands of civil society advocates, business leaders and policy makers, leading to evidence-based policies and practices; the collaborative identification of urgent, global and local research priorities and generation of a joint research/advocacy agenda; and the solidification of an inter-disciplinary, cross-sector and global networked community of experts and practitioners focused on public interest aspects of IP policy and practice. We are seeking organizational sponsors, planning partners, and individual expressions of interest for being part of the early planning of the Congress. To express interest in becoming a sponsor or planning partner of the Congress, please fill out the short form below by November 17, 2017: https://form.jotform.com/pijip/GlobalCongressVInterest Planning partners may seek to use the Congress to host trainings, workshops, panel discussions, works-in-progress seminars, research roll outs, keynote addresses, networking receptions, or other activities. Larger networks may seek to host a track...

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Highlights from February Events on Fair Use in Australia and New Zealand

Last month, the Program on Information Justice and Intellectual Property, the Australian Digital Alliance and Internet NZ hosted a series of meetings and workshops on user rights in copyright reform in Australia and New Zealand. Both countries are debating copyright reform, and Australia is debating a proposal to add fair use to its copyright exceptions. Participants in the events included Michael Geist, Bill Patry, Sang Jo Jong, Kimberlee Weatherall, Rebecca Giblin, Suzy Frankel, Jessica Coates, Heesob Nam, Peter Jaszi, Patricia Aufderheide, Sean Flynn and Meredith Jacob. Below you will find video from two of the events, some of the follow up blogs and news stories from the trip.  Videos: Australian Digital Alliance Copyright Forum.  February 24, 2017. Internet New Zealand panel on Copyright for Innovation. February 21, 2017. Blogs Scare Tactics Down Under: The Ongoing Global Effort to Mislead on Canadian Copyright. Michael Geist. Fair Use Myths Debunked in Australia. Patricia Aufderheide. Fair Use in Korea. Sang Jo Jong. This Year’s Copyright Forum: Focusing on All Things Fair. Australian Digital Alliance. News Stories: Schools and universities are charged millions for things that are free. Peter Martin for the Sydney Morning Herald. Copyright laws send YouTube innovators offshore: expert. Katie Walsh for the Asutralian Financial Review. Google says we need more ‘fair use’, but ex-RIAA man isn’t so sure. Chris Cooke for Complete Music Update. Copyright Laws a Hindrance to...

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Upcoming Public Events on User Rights in Copyright Reform in Australia and New Zealand

The Program on Information Justice and Intellectual Property, the Australian Digital Alliance and Internet NZ are hosting a series of meetings and workshops on user rights in copyright reform in Australia and New Zealand February 13-24. Participants in the events include  Michael Geist, Bill Patry, Sang Jo Jong, Kimberlee Weatherall, Rebecca Giblin, Suzy Frankel, Jessica Coates, Heesob Nam, Peter Jaszi, Patricia Aufderheide, Sean Flynn and Meredith Jacob. Public events on the tour include: Feb 13: Fair Use – Myth v Reality for Creators 6:00pm – 7:30pm ACMIx, The Primrose Potter Australian Ballet Centre Building 2 Kavanagh Street, Southbank, Melbourne (map) Free event – RSVP (a ticket is not required to attend this event) The Australian Productivity Commission’s recent recommendations have made fair use a hot topic for Australia’s creative and cultural communities. But what is fair use, and what does it mean for creators? Is copying without permission ever ok, and should it be? How does copyright impact your creative practice? Bringing together Australian experts with thought leaders on copyright and creativity from the US, where fair use already plays a major part in the creative process, this event aims to unpack some of the myths and explore the experiences of creators working both with and without fair use. Particularly relevant for remix artists, documentarians, multimedia designers, journalists, playwrights, musicians, and anyone else who uses existing material as part of...

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Submission to Government of Singapore, Re: Public Consultation on Proposed Changes to Singapore’s Copyright

[Peter Jaszi, Michael Carroll, Sean Flynn, and Meredith Jacob]  Thank you for the opportunity to submit comments as part of the public consultation on the proposed changes to Singapore’s Copyright law. We have focused this submission on the proposal to remove the fifth factor, the ability to obtain a copy of the work within a reasonable time at an ordinary commercial price. Click here for the full...

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Joint Letter from Legal Academics and Policy Experts to Colombian Government re: Copyright Amendments Bill

Click here for a printable PDF We write as a group of international intellectual property academics and experts in response to the request for comments on Colombia’s recently released copyright law amendment bill, Proyecto de ley Por la cual se modifica la Ley 23 de 1982 y se adiciona la legislación nacional en materia de derecho de autor y derechos conexos. We understand that the bill is intended to implement the US-Colombia Free Trade Agreement. Other countries – including Singapore and Korea – have successfully used Free Trade Agreement implementing processes to adopt exceptions specifically modeled on the U.S. “fair use” exception. The general approach associated with the term “fair use” is to include an exception to copyright that is general, open and flexible, as those terms are defined below. The particulars of how such an approach may be implemented can differ from country to country. Both civil and common law systems increasingly embrace such exceptions in their law. Colombia can and should consider including one in its revision. General, open and flexible exceptions provide an avenue for courts, enforcement entities and users themselves to conclude that a reasonable use of protected materials in ways not specifically foreseen at the time of the legislation’s drafting may be nonetheless legal. In times of rapidly changing technology, the adaptability of such provisions can be instrumental to promoting technological innovation and access...

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Submission to New Zealand Government: Implementation of the Trans-Pacific Partnership Intellectual Property Chapter

The following submission was made last week by Peter Jaszi, Michael Carroll, Sean Flynn and Meredith Jacob to the New Zealand Ministry of Business, Innovation and Employment. It was in response to a consultation document released by the Ministry on the implementation of TPP intellectual property obligations. A printable version of the submission is here. 1 Have the overarching objectives been framed correctly for this policy process? If not, what would be more appropriate objectives? Inevitably, changes to New Zealand intellectual property law designed to comply with the requirements of the Trans-Pacific Partnership (TPP) run the risk of tipping the delicate policy balance at the heart of copyright in favor of rightsholders at the cost of users and the general public.  This is obviously true in major changes such as copyright term extension, but the same risk is posed by the other protectionist reforms that TPP would require.  Experience in the United States has shown that once a shift of this type has taken place, it is extraordinarily difficult to redress after the fact.  Thus, measures to assure continued balance should be part of the design from the outset.  Fortunately, the text of the TPP gives implementing nations significant flexibilities in their effort to assure such balance.  In addition to the specific changes suggested here, the policy process should include a consideration of adding an general, open, and flexible...

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PIJIP Professors Submit Comments on Nigeria’s Draft Copyright Bill

PIJIP Professors Carroll, Jaszi, and Flynn have submitted comments to the Nigerian Copyright Commission, which has posted a Draft Copyright Bill (2015) for public review. The release is part of its Project on the Reform of the Nigerian Copyright System, started in 2012 to “the promotion of a knowledge based and innovation driven economy for Nigeria and enhance the interests of Nigeria’s core cultural industries” and bring the country into compliance with trade obligations (among other objectives). The comment from Profs. Carroll, Jaszi, and Flynn focuses on the copyright limitations and exceptions language in the draft bill. The full comment is here, and the summary section follows: It is a pleasure to have this opportunity to offer some reactions to the impressive draft law that has been posted by the Nigerian Copyright Commission. We begin by noting that it is both an ambitious and a significant undertaking. As a result of this initiative, Nigeria is well on its way to having a truly modern copyright law – and one that will make a significant positive contribution to the country’s cultural institutions and information industries. We particularly recognize the NCC’s effort to rationalize the treatment of limitations and exceptions in Part II of the draft, to which our comments will be (in the main) confined. This submission recommends the following revisions to Part II of the NCC Draft Law, justifications...

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Judge Pierre A. Leval Speaks on Fair Use Cases at PIJIP’s Fourth Annual Peter A. Jaszi Distinguished Lecture on Intellectual Property

Last night at American University Washington College of Law, Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit discussed the role of the fair use doctrine within the structure of copyright law. Judge Leval is responsible for introducing the concept of transformative use to United States fair use jurisprudence and his lecture provided an overview of the development of the doctrine to date. He is the author of the court’s opinion in Authors Guild Inc., et al. v. Google, Inc. (October 16, 2015) in which the court held that Google’s digitization of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. Judge Leval also authored Toward a Fair Use Standard, 103 HARV. L. REV. 1105 (1990). A video of his lecture is available at http://pijip.org/judgeleval PIJIP’s Distinguished Lecture on Intellectual Property Law is named in recognition of the continuing contributions of Professor Peter Jaszi to the study of intellectual property at WCL and in the world at large, and in particular for his lasting contributions to the elevation of the public interest in intellectual property...

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Call for Papers: AUILR Focus Issue on International and Comparative User Rights in the Digital Economy

American University Washington College of Law’s Program and Information Justice and Intellectual Property and the American University International Law Review (“AUILR”) seek submissions for a AUILR Focus Issue on International and Comparative User Rights in the Digital Economy. A symposium for the issue will be held on March 18, 2016. Scholarships are available for accepted authors. The Issue seeks articles exploring how law and policy can play a key role in breaking down barriers to full participation in the digital economy through expansions of user rights — the rights of users to access, use and transform digital content to further social, economic, cultural and political purposes. User rights can be found in diverse fields of law, including in human rights (e.g. the right to freedom of expression and opinion, the right to participate in cultural heritage, the right to enjoy the benefits of scientific progress, the right to privacy, the right to health), in limitations and exceptions and enforcement policies in intellectual property laws, in net neutrality and other communication industry regulation, in consumer and competition protection, in privacy rights — including those related to the capturing of user data, in contracts and terms of service, and through other laws that protect the rights of users of the digital economy and the content shared through it. The Focus Issue seeks research for presentation and publication that contribute to understanding...

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AUILR & Global Congress on Intellectual Property and the Public Interest: User Rights Track Call for Papers

The User Rights track of the Fourth Global Congress on Intellectual Property and the Public Interest (www.global-congress.org), Delhi, India, December 15-17, 2016, and a Focus Issue of the American University International Law Review seeks research contributions. Accepted paper proposals will be given opportunities to present and seek feedback on their draft work at the Global Congress on Intellectual Property and the Public Interest December 14-17, 2015, and at a Symposium at American University Washington College of Law in Washington D.C. on March 18, 2016. New publications on international and comparative law will be considered for publication in the American University International Law Review (Spring 2016).  This series will focus on how law and policy can play a key role in breaking down barriers to full participation in the digital economy through expansions of user rights — the rights of users to access, use and transform digital content to further social, economic, cultural and political purposes. User rights can be found in diverse fields of law, including in human rights (e.g. the right to freedom of expression and opinion, the right to participate in cultural heritage, the right to enjoy the benefits of scientific progress, the right to privacy, the right to health), in limitations and exceptions and enforcement safeguards in intellectual property laws, in net neutrality and other communication industry regulation, in consumer and competition protection, in privacy rights —...

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Global Congress on Intellectual Property and the Public Interest: User Rights Track Call for Papers

The User Rights track of the Fourth Global Congress on Intellectual Property and the Public Interest[1], to take place in Delhi, India, December 15-17, 2016, seeks research contributions. The User Rights track will focus on how law and policy can play a key role in breaking down barriers to full participation in the digital economy through expansions of user rights — the rights of users to access, use and transform digital content to further social, economic, cultural and political purposes. User rights can be found in diverse fields of law, including in human rights (e.g. the right to freedom of expression and opinion, the right to participate in cultural heritage, the right to enjoy the benefits of scientific progress, the right to privacy, the right to health), in limitations and exceptions and enforcement policies in intellectual property laws, in net neutrality and other communication industry regulation, in consumer and competition protection, in privacy rights — including those related to the capturing of user data, in contracts and terms of service, and through other laws that protect the rights of users of the digital economy and the content shared through it. The Track seeks research for presentation and publication that contribute to understanding of the role of user rights in enabling social, economic, cultural and political development, including promoting participation by marginalized groups in society. Topics of particular interest include:...

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PIJIP Table Comparing TPA Legislation from 2002, 2014, and 2015

The table linked below compares the full text of Title XXII of the Trade Act of 2002, ( the last Trade Promotion Authority law, which expired in 2007); the Bipartisan Congressional Trade Priorities Act of 2014; and the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. It includes the text of each, and highlights areas where they differ. This table is an update of an earlier 2-column table by Terence P. Stewart of the Law Offices of Stewart and Stewart.  PIJIP Fellow Alexandra Resh updated it with the new information. PIJIP Table comparing TPA Legislation from 2002, 2014,...

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Letter from 50 Legal Scholars to South African Government, re: Flexible Copyright Exceptions

We write in response to your request for public comments on South Africa’s planned copyright legislation reform. We are copyright scholars and experts from around the world who are interested in South Africa’s law reform process. Our interest arises both because of the leadership position of South Africa on the global stage and because we desire to be consumers of the products of culture and innovation that will be enabled by a properly balanced copyright system in your country. We write to urge South Africa to join and lead the emerging consensus among rapidly developing countries that inclusion of a generally applicable “flexible” copyright exception is a necessary component of modern copyright reform. Click here for the full letter...

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American University Event: Convergence and Divergence in Mega-Regional Trade and Investment Agreements

January 26, 2015 | 9:30 – 2:30 American University School of International Service Printable agenda & directions (PDF) Co-hosted by the AU School of International Service and AU Washington College of Law’s Program on International Organizations, Law and Diplomacy The event will be streamed live at http://bit.ly/1ExHnX9. This conference will explore the challenges posed by comprehensive trade and investment treaties such as TPP, CETA, and TTIP, against the background of the multilateral trade regime. Do these treaties replace or complement multilateralism in the WTO framework? The first panel will offer an overview of the various comprehensive trade and investment agreements, their possible convergence, and different geopolitical implication. The second panel will focus on key critical and controversial issues by addressing sectors such as IP, agriculture, and data privacy in FTAs. A keynote lunch will address the challenges of ISDS as a legal mechanism to resolve investment disputes in mega regional trade and investment treaties against the reactions of the WTO. Agenda 9:30 Short Opening Remarks Michelle Egan, AU SIS Fernanda Nicola, AU WCL 9:45 Panel 1 – Overview of Mega-Regional FTAs: Convergence & Divergence Chair: Michelle Egan, AU SIS Uri Dadush, Carnegie Endowment (multilateralism, bilateralism, mega-regionalism) Pek Koon Heng, AU SIS (TPP, RCEP, FTAAP) Roberto G. Peña, EU Delegation (TTIP) Colin Bird, Embassy of Canada (CETA) 12:00 Keynote Luncheon Introduction: Aluisio Lima-Campos, AU WCL Jennifer Hillman, Georgetown Law (ISDS)...

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AU School of International Service Conference: Convergence and Divergence in Mega-Bilateral Trade and Investment Agreements

This conference will explore the new challenges posed by bilateral trade and investment treaties such as TPP, CETA, and TTIP, against the background of the multilateral trade regime. Do these treaties replace or complement multilateralism in the WTO framework? The first panel will offer an overview of the various trade agreements, their possible convergence, and different geopolitical implications. The second panel will focus on key critical and controversial issues by addressing sectors such as IP, investment, and data privacy. Click here for a printable flyer. More details will be posted as they become...

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Statement of Best Practices in Fair Use of Orphan Works for Libraries & Archives

The American University Program on Information Justice and Intellectual Property,  AU’s Center for Media & Social Impact, and the Berkeley Digital Library Copyright Project have released the Statement of Best Practices in Fair Use of Orphan Works for Libraries & Archives.  Over 150 librarians, archivists and other memory institution professionals have contributed to the development of this Statement, which provides clear and easy to understand guidance for memory institutions that seek to provide digital preservation and access to collections containing copyrighted, orphan works under the doctrine of fair use.  Excerpts follow: Introduction Libraries, archives, institutional custodians of record and other non-profit organizations that preserve memory serve as stewards for a large share of the world’s cultural, historical, and scientific record. While performing many distinctive functions and often working within larger organizations, the professionals who dedicate themselves to preserving memory also share common purposes and challenges. In this document, we refer to them collectively as “memory institution professionals.” These professionals’ individual objectives derive from the shared mission of their institutions. Preserving a treasury of primary resources consisting primarily of unpublished documents, ephemera, and other unique items, and providing access to it for research, scholarship, and the advancement of knowledge are core features of that mission. When these resources are both securely housed and widely available, an important social interest in facilitating researchers’ and the broader public’s understanding of the knowledge...

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Sep 24: Plain Packaging for the Pacific Rim – The Trans-Pacific Partnership and Tobacco Control

Lecture by Prof. Matthew Rimmer, ANU College of Law September 24, 2014 | 4:30 pm | Reception to Follow Room 603 | American University Washington College of Law  Logistics and Directions | Webcast REGISTRATION Matthew Rimmer argues that Big Tobacco has been engaged in a dark, shadowy plot and conspiracy to hijack the Trans-Pacific Partnership Agreement (TPP) and undermine tobacco control measures – such as graphic health warnings and the plain packaging of tobacco products. Agenda: Introduction.Sean Flynn Lecture: Plain Packaging for the Pacific Rim: The Trans-Pacific Partnership and Tobacco Control. Matthew Rimmer Comments. Christine Farley Reception Dr. Matthew Rimmer is an Australian Research Council Future Fellow. He is an associate professor at the ANU College of Law, and an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). He holds a BA (Hons) and a University Medal in literature, and a LLB (Hons) from the Australian National University, and a PhD (Law) from the University of New South Wales. He is a member of the ANU Climate Change Institute. Dr Rimmer is the author of Digital Copyright and the Consumer Revolution: Hands off my iPod, Intellectual Property and Biotechnology: Biological Inventions, and Intellectual Property and Climate Change: Inventing Clean Technologies. He is an editor of Patent Law and Biological Inventions, Incentives for Global Public Health: Patent Law and Access to Essential Medicines, and Intellectual Property...

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Report on Workshop: Copyright Users Rights and the Clearance Culture in South African Filmmaking

[Repost of a Workshop Report by the South African Screen Federation, (SASFED) Link] Friends of the SASFED were invited to a workshop on Copyright Users Rights and the Clearance Culture in South African Filmmaking on August 18, at 10h00, at the NFVF, 87 Central Street, Houghton, 2198, Johannesburg. This workshop was hosted by SASFED and its Affiliates especially the DFA (www.docfilmsa.com), the Program on Information Justice and Intellectual Property (PIJIP) at American University Washington College of Law in the United States, and the Intellectual Property Unit at the University of Cape Town. The venue was generously sponsored by the NFVF. The workshop followed, and reported back on, research by the partner organisations on documentary filmmaker views and perceptions on the rights of filmmakers to reuse and transform material in their filmmaking without licensing restrictions. The research showed that such practices are common and often thought to be illegal, but are likely fully within filmmaker user rights. See http://docfilmsa.com/projects/user-rights- project/; https://docorg.ca/sites/default/files/DOC-FairDealing-EN-v2-web_0.pdf This workshop featured a roundtable discussion with the researchers on the outcomes of that research, as well as some of the possible actions that could be taken supported by it, including taking positions in the announced revision of the Copyright Act and the production of best practices statements by filmmaker organisations. The roundtable participants included Peter Jaszi, Professor of Law, American University Washington College of Law, Sean Flynn, Executive...

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