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.
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.
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.
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.
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:
[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.
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.
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.
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).
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).
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 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).