Author: REPOST

Federal Judge Says Embedding a Tweet Can Be Copyright Infringement

[Daniel Nazer] Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.

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How Copyright Law Is Holding Back Australian Creators

[Kylie Pappalardo and Karnika Bansal] Australian creators struggle to understand copyright law and how to manage it for their own projects. Indeed, a new study has found copyright law can act as a deterrent to creation, rather than an incentive for it. Interviews with 29 Australian creators, including documentary filmmakers, writers, musicians and visual artists, sought to understand how they reuse existing content to create. It considered issues such as whether permission (“licences”) had been sought to reuse copyrighted content; the amount of time and cost involved in obtaining such permissions; and a creator’s recourse if permission was either denied or too expensive to obtain.

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Licenses: We Are Past Copyright

[Teresa Nobre] We have been arguing for quite sometime now that handing out the power to define the scope of users rights to right holders – in the form of license agreements that they can (almost unilateral) draft and frame as they wish – is bad. Really bad: licenses fragment the legal framework that mandatory exceptions try to harmonize; licenses contain abusive terms or impose obligations on users that are not foreseen in the laws; and licenses have a huge impact on national budgets. Unfortunately, this message has not come through to all, or not everyone understands what we are saying, or worse right holders have done a nice job in convincing lawmakers that’s the right way to go.

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EIFL RESPONDS TO IRISH MARRAKESH CONSULTATION

[Electronic Information for Libraries] In December 2017, the Irish government issued a public consultation on transposition into national law of European Union (EU) Directive 2017/1564 implementing the Marrakesh Treaty for persons with print disabilities. Irish transposition of the Directive could serve as a model not only for other EU member states, but also for EU candidate countries and potential candidates.

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Civil Society Letter to NAFTA Negotiators: Do Not Undermine Access to Affordable Medicines

The following letter to the trade and health ministers of the NAFTA negotiating parties was signed by nearly 100 organizations concerned with health. A printable PDF of the letter, including a full list of endorsements, is available on the MSF Access to Medicines site.  Dear Ministers: As organizations concerned with health issues domestically and globally, we urge you to ensure that any renegotiation of the North American Free Trade Agreement (NAFTA) does not undermine access to affordable medicines.

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New Policy Paper on the 2017 Review of Public Sector Information Directive

[Communia Association] Today COMMUNIA published a policy paper on the 2017 review of the Directive on Public Sector Information (PSI Directive). The Directive first came into effect in 2003, and was amended in 2013 to clarify that 1) PSI should be presumed to be “reusable by default,” 2) museums, archives, and libraries were subject to the Directive provision, 3) acquisition fees were limited to marginal costs of reproduction, and 4) documents were to be made available for reuse using open standards and machine readable formats.

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Scholars and Advocates Urge NAFTA Negotiators to Protect Free Speech Online

[Eric Goldman, Santa Clara University School of Law] Fifty-five Internet law experts and organizations have written a letter urging Canadian, Mexican, and U.S. trade negotiators to protect Internet businesses from being sued for content posted by others on their sites. The letter comes as representatives from the U.S., Mexico and Canada are working on changes to modernize the 23-year-old North American Free Trade Agreement, NAFTA.

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Educators Ask for a Better Copyright

[Communia Association] Today COMMUNIA sent a joint letter to all MEPs working on copyright reform. The letter is an urgent request to improve the education exception in the proposal for a Directive on copyright in the Digital Single Market. It is supported by 35 organisations representing schools, libraries, universities and non-formal education, and also individual educators and information specialists.

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Keeping Up With International Approaches: South African Copyright Limitations and Exceptions for Educational Activities

[Charlene Musiza]  The 35th session of the Standing Committee on Copyright and Related Rights (SCCR) took place at the World Intellectual Property Organization (WIPO) at the end of last year. Comprising of all members of WIPO, the SCCR analyses matters relating to the substantive law or harmonisation of copyright and related rights, and formulates recommendations.  Current issues the SCCR is addressing include the protection of broadcasts and broadcasting organisations as well as copyright limitations and exceptions. With regard to limitations and exceptions the focus is now on three areas: educational activities, libraries and archives and disabled persons. At the 35th session of the SCCR, UCT’s Professor Caroline Ncube presented, together with Professor Blake Reid from the University of Colorado, an important scoping study concerning access to copyrighted works by persons with disabilities.

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USTR Notorious Markets: Online Ads Still Funding IP Infringement; Alibaba Fires Back About Report

[William New] The Office of the United States Trade Representative today released its annual list of the worst outlaw online and physical markets around the world, citing a range of major sources of problems in every part of the world. The list this year highlights new technologies, identifies online advertising as a large revenue source for counterfeiters, and includes Chinese online market Taobao, owned by internet giant Alibaba, for the second year in a row, leading the company to claim bias and politics are at play.

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2018 Creative Commons Global Summit: Call for Proposals

[Creative Commons] The Call for Proposals for the Creative Commons Global Summit is now open! The deadline for submissions is January 23, 2018 at 11:59PM in the submitter’s timezone. The Creative Commons Global Summit (CC Summit) is an annual conference that celebrates the culture of sharing, providing a space for open communities to collectively grow a vibrant, usable commons, powered by collaboration and gratitude.

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Mercosur-EU Free Trade Agreement: A Bad Deal for the Public Domain

[Jorge Gemetto, Communia Association, Link, (CC-0)] … A few weeks ago, Greenpeace Netherlands leaked a new draft of the Mercosur-EU FTA, apparently from July 2017, which includes the IP chapter. This new draft of the IP chapter shows the huge number of areas where there is a lack of agreement between Mercosur and the European Union. In the section devoted to copyright, the consolidated text (meaning those areas agreed upon by both parties) is only a small fraction. The rest consists of proposals and counterproposals from both parties. It is easy to see that, while the interest of the European Union is to increase the terms and scope of IP protection, as well as to impose new penalties on infringement, Mercosur countries seek to avoid higher IP standards, incorporate mandatory limitations and exceptions to copyright, and favor the identification and protection of the public domain.

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UACT STATEMENT REGARDING CHILEAN CONGRESS RESOLUTION CALLING ON THE PRESIDENT TO ADVANCE THE COMPULSORY LICENSING REQUEST ON HCV DRUGS

[Manon Ress, Union for Affordable Cancer Treatment, Link] UACT applauds the Chilean Congress resolution calling on the President to advance the compulsory licensing request on HCV drugs made in March 2017 by patients, advocates including Innovarte NGO, and elected officials. The resolution, Number 1014, passed by a 96-0 vote with one abstention, and includes the signatures of representatives across the entire political spectrum [1]. In Chile, the private market price of sofosbuvir at the time of the compulsory licensing request was approximately $36,000 USD per patient. This price is well in excess of Chile’s GNI per capita of $14,100 USD [2]. The Ministry of Health currently pays $7,000 USD for a three-month supply of sofosbuvir, but is unable to treat many of the thousands of patients that require treatment, thus forcing patients to either pay exorbitant and often unaffordable prices or go untreated. Click here for the full statement on the UACT...

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What Could Have Entered the Public Domain on January 1, 2018? Under the Law That Existed Until 1978 . . . Works from 1961

[Duke University Center for the Study of the Public Domain Link (CC-BY-SA)] Current US law extends copyright for 70 years after the date of the author’s death, and corporate “works-for-hire” are copyrighted for 95 years after publication. But prior to the 1976 Copyright Act (which became effective in 1978), the maximum copyright term was 56 years—an initial term of 28 years, renewable for another 28 years. Under those laws, works published in 1961 would enter the public domain on January 1, 2018, where they would be “free as the air to common use.” Under current copyright law, we’ll have to wait until 2057

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The defense of education at the World Intellectual Property Organization

[Teresa Nobre, Communia Association, Link (CC-0)] As we reported last month, Communia attended the 35th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), which took place from 13 – 17 November in Geneva. The SCCR has a mandate to discuss limitations and exceptions to copyright, including for educational purposes. While Communia supports efforts to reach minimum international standards of exceptions and limitations to copyright in all the different areas that are currently under discussion (libraries, museums, archives, persons with disabilities, and education), our role there is specifically to support the dialogue on educational exceptions.

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MSF challenges Gilead’s patent application for hepatitis C combination treatment in China, to bring down prices

[MSF] The international medical humanitarian organisation, Médecins Sans Frontières (MSF) has filed a legal patent challenge in China against US pharmaceutical corporation Gilead’s patent application for the combination of two crucial oral hepatitis C medicines, sofosbuvir and velpatasvir. This combination is the first direct-acting antiviral (DAA) treatment to be registered for use against all genotypes of the disease. Rejection of patents for this combination would pave the way towards the availability of affordable generic versions of this treatment that millions of people need in China and around the world.

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Multiple News Agencies Confirm: Press Publishers Right Will Be Used to Limit Freedom to Link

[Communia Association, (CC-0)] Within the new industry, news agencies fill the role of the objective gathers of facts. Agencies like DPA, AFP or ANP collect information and make them available to publishing companies who sometimes publish the information as is, but mostly use the information that they get from the agencies as an ingredient for their own reporting. Journalists rely on news agencies to confirm the accuracy of information they use in their reporting.

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Letter From 24 Civil Society Groups to EU and Mercusor Trade Negotiators, re: IP and Access to Medicines

Dear Ms. Gallina, Dear Mr. Pinto: We, the undersigning organisations, active in the fields of public health and access to medicines, mostly based in the European Union or Mercosur, draw your attention to the following. With negotiations between the European Union (EU), conducted through the European Commission (EC), and Mercosur nearing completion, concerns are increasing among public health advocates, patient and consumer organisations, and other stakeholders, both in Europe and the Americas, about the potential impact that some provisions reportedly put forward by the European Commission could have on access to medicines. We observe that, despite pleas for transparency...

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Call on Asia-Pacific Region: Join Marrakesh Treaty

[Electronic Information for Libraries, Link (CC-BY)] To mark the International Day of Persons with Disabilities on 3 December, three global organizations, the United Nations Development Programme (UNDP), the World Blind Union-Asia Pacific (WBUAP) and EIFL developed an Issue Brief for the Asia-Pacific region to raise awareness about the Marrakesh Treaty for people with print disabilities , and to call on governments in the region to join the Treaty. The Issue Brief provides a summary of the Treaty and describes the key benefits that ratification of the Treaty will have for blind, visually impaired and otherprint-disabled people. The partners have also released...

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