The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM). In particular, new mandatory exceptions and limitations should contribute to improving the creative ecosystem in the digital environment. This CEIPI Opinion does support the plan to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the DSM, especially by addressing important needs with regard to access to copyrighted works in order to boost creativity and innovation, promoting cumulative research and sharing of knowledge-based resources. CEIPI moreover fully endorses the goal of the proposal of lowering barriers to research and innovation in the EU DSM; however, in order to address these issues in a satisfying manner, this opinion strongly suggests an expansion of the reform’s scope. In particular,
Abstract: In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the U.S. fair use model. Thus far, Israel, Liberia, Malaysia, Singapore, South Korea, Sri Lanka, the Philippines and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption.
Written for a special issue on “Intellectual Property Law in the New Technological Age: Rising to the Challenge of Change?”, this article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model.
Centre for International Governance Innovation, Link (CC-BY-NC-SA)
Authors: Bassem Awad, Ariel Katz, Michael Geist, Howard Knopf, Teresa Scassa, Ysolde Gendreau, and Konstantia Koutouki
…Given the fast-paced negotiations of the North American Free Trade Agreement, and as part of efforts to support Canada’s negotiators and policy makers with clear, simple and factual analyses of Canada’s key interests within the negotiations, the International Law Research Program at the Centre for International Governance Innovation commissioned a series of essays addressing intellectual property rights. A modernized chapter for intellectual property rights could have a deep impact on the emerging knowledge economy in Canada and for the people who turn ideas into innovations.
[Reto Hilty and Valentina Moscon] On 14 September 2016 the European Commission published a package of proposals aimed at the modernisation of copyright within the digital single market. This copyright package is of particular interest to the Max Planck Institute for Innovation and Competition, which has been committed since its founding in 1966 to the analysis and development of intellectual property and competition law on the basis of established scientific principles.
Abstract: The debate on convergence and divergence has garnered considerable attention from policymakers and commentators involved in regulatory developments in Asia. The recent completion of the negotiations on the Trans-Pacific Partnership (TPP) and the still ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP) have added fuel to this debate. Given the different leadership in these two mega-regional agreements and the exclusion of many RCEP parties from the TPP negotiations, it will be interesting to see how the agreements will affect the future efforts to set regional intellectual property standards. It will also be curious to see whether the draft and finalized standards could reveal policy preferences of the participating countries.
International Centre for Trade and Development, Link (CC-BY-NC)
ICTSD is pleased to publish the fourth issue in the CEIPI-ICTSD series on Global Perspectives and Challenges for the Intellectual Property System produced jointly with the Centre for International Intellectual Property Studies (CEIPI). The new issue, edited by Pedro Roffe and Xavier Seuba, explores the impact of plurilateralism on intellectual property law.
Abstract: This article attempts to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals. The first section takes the example of compulsory licensing as a legitimate sovereign action and delineates its scope in the light of the international trade obligations under TRIPS.
[Originally posted in The Conversation, Link (CC-BY-SA)] . As the new school year approaches, Canadian universities are grappling with the Federal Court of Canada’s recent copyright decision against York University.
The court ruled that York could not rely on its fair dealing policy and per-use licensing to copy works as a part of course packs, but must pay millions of dollars in licensing fees to Access Copyright, which sells blanket copyright licenses to organizations.
[Bernt Hugenholtz, reposted from Kluwer Copyright Blog, Link] With the growth of the ‘data-driven economy’and the rise of ‘Big Data’ have come calls for the introduction of a novel property right in data. Apparently in response to demands from the German automotive industry, the European Commission has in its 2017 Communication on ‘Building a European data economy’ advanced the idea of creating a ‘data producer’s right’ that would protect industrial data against the world.
As explained in the Staff Working Paper that accompanies the Communication, this new right would create a transferable property right in “non-personal or anonymised machine-generated data”. It would encompass “the exclusive right to utilise certain data, including the right to licence its usage. This would include a set of rights enforceable against any party independent of contractual relations thus preventing further use of data by third parties who have no right to use the data, including the right to claim damages for unauthorised access to and use of data.”
Abstract: When authors assign the copyright in their work to publishers, some productive uses of the work are impeded. The author loses opportunities to use or to authorize others to use the work unless the publisher consents; the publisher does not permit all uses of the work that the author would like or that would benefit a consuming audience. Copyright easements can solve the problem.
Under a system of copyright easements, an easement holder would have designated rights in a creative work that would permit uses of the work that would ordinarily require permission of the copyright owner. If the author later assigns the copyright to a publisher, the copyright is held subject to the rights of the easement holder. The easement thus ties the author’s own hands: the author can no longer assign an unfettered copyright — and the publisher can no longer ask for it — because of the existence of the easement holder’s interests in the work.
Gerald Leitner, Secretary General of the International Federation of Library Associations and Institutions
Reposted from IP-Watch, Link (CC-BY-NC-SA)
Information is the raw material for decision-making. When individuals and groups make the right choices, based on good information, their chances of taking a full role in economic, social, cultural and civic life improve. They can better create and innovate, participate in politics, find and do their jobs well, and live healthily.
Informed citizens and communities are also essential to the UN’s 2030 Agenda. We cannot have sustainable development when individuals are not able to deal with new choices and challenges autonomously, drawing on access to information. And we cannot have inclusive development, with no-one left behind, unless this access is real and meaningful for everyone.
Jeremiah Baarbé, Meghan Blom, Jeremy de Beer
Proceedings of the 2017 IASC Conference
Open AIR Working Paper No. 7/17
Full text on SSRN
Executive Summary: Agricultural and nutritional data is an increasingly vital resource in the advancement and innovation of farmer organizations, food production, value chain development, and provision of services (Jellema, Meijninger, and Addison, 2015). Modern farmers rely on computational and precision agriculture to inform decisions. Datasets such as weather data, market price data, and agricultural inputs fuel these tools, which range from simple graphs to emerging artificial intelligence networks (GODAN, 2015). Access to and use of such data can play a key role in addressing global food insecurity by “enabling better decision making, transparency and innovation” (Open Data Charter, 2016). With this growing recognition however, is the understanding that ownership rights remain a major factor in the access to and use of data, distinct from yet, as important, as the availability of education, skills, technology, infrastructure, and finances (de Beer, 2016).