PIJIP and the AU Center for Social Media Release Set of Principles in Fair Use for Journalism

 Posted by on June 10, 2013  No Responses »
Jun 102013
 

journalism-cover215x340[Reposted from pijip-impact.org] This document is a statement of principles to help journalists in the United States interpret the copyright doctrine of fair use. It is intended for anyone who engages in the set of practices that entails creating media of any kind that refers to real-life events of public interest, in service of public knowledge, whether that person is a full-time professional or an individual who takes it upon himself or herself to report about specific issues or events. In other words, the definition of “journalism” to which this document speaks is defined by acts, not titles, and is an inclusive one, reflecting (in part) the changing nature of the technologies that support and enable journalistic practice.

The project was coordinated by American University Professors Peter Jaszi (Program on Information Justice and Intellectual Property, Washington College of Law) and Patricia Aufderheide (Center for Social Media, School of Communication). Continue reading »

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Kirtsaeng v. John Wiley & Sons: A Post-Argument Discussion with Counsel for Parties and Amici

 Posted by on March 21, 2013  No Responses »
Mar 212013
 

wclToday at 6pm, American University’s Program on Information Justice and Intellectual Property hosted a discussion of this week’s ruling in Kirtsaeng v. Wiley, in which the Supreme Court held that “the ‘first sale’ doctrine applies to copies of a copyrighted work lawfully made abroad.”

VIEW WEBCAST. 

 

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Statement of Michael Carroll on the White House Open Access Policy Directive

 Posted by on February 22, 2013  No Responses »
Feb 222013
 

Today, PIJIP Director and PLoS Board Member Michael Carroll commended the Obama Administration for issuing an historic policy Directive that opens up access to the crucial results of publicly funded research by directing all federal agencies with annual research and development budgets of $100 million or more to provide the public with free and unlimited online access to the results that research:

“Today, the Obama Administration’s Office of Science and Technology Policy adopted a pro-Internet, pro-science, pro-innovation policy that requires research articles reporting the results of federally funded research to be made available over the Internet.  Importantly, the policy also addresses research data and directs that these data should be made public to the greatest extent feasible. Agencies should embrace these opportunities to increase the value and impact of the research they fund with vigor and creativity.” Continue reading »

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PIJIP and Public Citizen Event October 16 – “IP, Trade and Development”

 Posted by on October 13, 2012  No Responses »
Oct 132012
 

PIJIP and Public Citizen will co-host a multidisciplinary event that will bring together academics, civil society, and policy makers to 1) examine how intellectual property affects economic growth in countries at different levels of development, and 2) analyze the way the United States ratifies trade agreements through Executive Agreements. Continue reading »

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Public Statement on the U.S. Proposal for a Limitations and Exceptions Clause in the Trans-Pacific Partnership

 Posted by on August 2, 2012  No Responses »
Aug 022012
 

[UPDATE, AUGUST 3:  The text of the U.S. proposal has been leaked and posted online by KEI here.]

Professors Peter Jaszi, Michael Carroll and Sean Flynn
Program on Information Justice and Intellectual Property
American University Washington College of Law

PRINTABLE PDF VERSION

The Office of the United States Trade Representative made a public announcement through its website on July 3, 2012, during the San Diego round of Trans-Pacific Partnership (TPP) negotiations, that it was proposing, for “the first time in any U.S. trade agreement,” a provision “that will obligate Parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.” We offer the following points of analysis as academics interested in the role of copyright limitations and exceptions in providing enabling conditions for important social and economic purposes in all countries. Continue reading »

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One Step Ahead Two Steps Back: Reverse Engineering 2nd Draft for 3rd Revision of the Chinese Copyright Law

 Posted by on July 16, 2012  No Responses »
Jul 162012
 

PIJIP Research Paper no. 2012-09

Author: Hong Xue

Abstract: On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups. Continue reading »

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Yochai Benkler on Evolution of Networked Discourse on SOPA/PIPA

 Posted by on July 6, 2012  No Responses »
Jul 062012
 

In a recent presentation before the Personal Democracy Forum, Yochai Benkler, the Berkman Professor of Entrepreneurial Legal Studies at Harvard and co-director of the Berkman Center for Internet and Society, discussed the media surrounding the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA) as a case study for the evolution of networked discourse and activism. Continue reading »

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ACTA Rejected by the European Parliament: is TPP next?

 Posted by on July 4, 2012  1 Response »
Jul 042012
 

The European Parliament overwhelmingly rejected the Anti-Counterfeiting Trade Agreement today, 478-39. The rejection issued a massive blow to the prospects of the agreement itself, as well as to the larger international intellectual property agenda of the United States, now playing out in the ongoing Trans-Pacific Partnership Negotiation in San Diego, California this week. Continue reading »

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Limitations and Exceptions to Copyright in Israel

 Posted by on May 7, 2012  No Responses »
May 072012
 

This overview of copyright flexibilities in Israel consists of two parts.  First, answers to a questionnaire on the state of copyright law, copyright flexibilities, and the current political context of copyright, which were provided by Michael Birnhack and Niva Elkin-Koren. The questionnaire was given to participants at a meeting on Limitations and Exceptions to Copyright hosted by IViR and PIJIP last December.  The authors reviewed their answers before this overview was uploaded.

Second, a list of the limitations and exceptions to copyright in Israel’s laws, conducted by PIJIP fellow Marcela Palacio Puerta is presented. It is part of a larger project to map flexibilities in copyright law, and input is appreciated. Please send comments, corrections, or suggestions to pijip@wcl.american.edu.

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Beyond the Unrealistic Solution for Development Provided by the Appendix of the Berne Convention on Copyright

 Posted by on April 30, 2012  No Responses »
Apr 302012
 

PIJIP Research Paper no. 2012-08

Author: Aberto Cerda Silva

Abstract: The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument does not provide solutions for other needs, such as those of linguistic and cultural minorities, and it is arguable whether the Appendix applies online. Continue reading »

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PIJIP Res. Paper: A Pragmatic Approach to Intellectual Property and Development – A Case Study of the Jordanian Copyright Law in the Internet Age

 Posted by on April 23, 2012  No Responses »
Apr 232012
 

(CC-BY-2.0, by Joi - goo.gl/IApsl)

PIJIP Research Paper no. 2012-07

Author: Rami Olwan

Abstract: On October 4, 2004, Brazil and Argentina requested that WIPO adopt a development-oriented approach to IP and to reconsider its work in relation to developing countries. In October, 2007, WIPO member States adopted a historic decision for the benefit of developing countries, to establish a WIPO Development Agenda. Although there have been several studies related to IP and development that call for IP laws in developing countries to be development-friendly, there is little research that attempts to provide developing countries with practical measures to achieve that goal. Continue reading »

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