Domestic Legislation » infojustice

The Brazilian Congress Needs To Pass Marco Civil for Brazilians – and The World

Posted by Carolina Rossini on May 22, 2013 No Responses »

May 222013

Carolina Rossini is Project Director, Latin America Resource Center, New America Foundation

Tim Berners-Lee’s visit to Brazil last week has rekindled hopes for a civil society frustrated by six postponed votes on the bill known as “Marco Civil.” This groundbreaking federal legislation would guarantee civil rights in the use of the Internet, and is sometimes called a “Constitution for the Internet.” For the bill’s rapporteur, Representative Molon, having the inventor of the World Wide Web visit and publicly support the Marco Civil is an essential step in breaking the legislative logjam. Continue reading »

English Translation of the New Colombian Copyright Bill (no. 306)

Posted by Mike Palmedo on May 21, 2013 No Responses »

May 212013

Carolina Botero has sent us an English translation of the new copyright legislation that was recently proposed in Colombia to replace the controversial “Ley Lleras 2.0″ law that was struck down earlier last year by the Constitutional Court. The law is meant intended to bring Colombia into compliance with the IP provisions i its FTA with the United States, but public interest groups have warned that it expands the scope copyright beyond what is required, and contains confining language on limitations and exceptions, and includes criminal penalties for DRMs that would apply to a very broad definition of for-’profit’ activities.

The English translation is available here. The original version in Spanish is available here.

For analysis of the bill see blogs by Carolina Botero and Andres Izquierdo.

Colombian Government Presents Again Bill 1520 Without Citizen Participation

Posted by Carolina Botero on May 20, 2013 No Responses »

May 202013

Last Friday while celebrating the Internet day the government introduced a Bill, reproducing essentially the text of the former Law1520 (Ley Lleras 2) before the Congress. Despite the several citizen claims (last one) to open a civil dialogue when implementing the US FTA obligations before taking them to parliament, and after 3 failed attemtps to reform the Copyright system during the last 2 years (Ley Lleras 1 on ISP liability was filed , Law 1520 or Ley Lleras 2 that was implementing other copyright provisions was declared unconstitutional, and the 001 bill that developed some basic exceptions but in a very restrictive way and was finally retired this past week. Continue reading »

New Colombian Copyright Legislation Introduced – How Does It Compare to Ley Lleras 2.0?

Posted by Andrés Izquierdo on May 20, 2013 No Responses »

May 202013

Last May 17th a new copyright bill was resubmitted in the Colombian Congress as part of the implementation of the FTA with the United States. The new Bill is introduced as a replacement to the 1520 Act of 2012 (Ley Lleras 2.0), law that was struck down last January by the Constitutional Court (Case C11-13) on procedural grounds. The bill was submitted in Congress by the Ministry of Interior, Fernando Carrillo, and the Ministry of Commerce, Industry and Tourism, Sergio Diaz Granados. The new bill retains most of the previous articles of Ley Lleras 2.0, and also modifies, corrects and increases more the scope for enforcement of copyright and neighboring rights in Colombia. Continue reading »

Copyright in France: Wishful Thinking and Real Dangers

Posted by REPOST on May 14, 2013 No Responses »

May 142013

[La Quadrature du Net, Link (CC-BY-SA)] Pierre Lescure has handed in his report [fr] on culture at the digital era to French President François Hollande1. La Quadrature du Net denounces a flawed political process revealing the harmful influence of industrial groups at all levels of policy-making. How will the French government react to Lescure’s proposal to expand the scope of competence of the audiovisual media regulator (CSA) to the Internet? Will it to pursue former President Sarkozy’s anti-sharing policies and even supplement them with new ACTA-like measures encouraging online intermediaries to become private copyright police? Continue reading »

Has the UK abolished copyright? Analysis of new orphan work legislation

Posted by Andres Guadamuz on May 7, 2013 4 Responses »

May 072013

[technollama.co.uk (Link)(CC-BY-NC-SA)]

Has the UK abolished copyright law with the passing of orphan works legislation? I’ll answer quickly with Betteridge’s Law of Headlines: NO.

However, if you listen to some copyright maximalist outlets, and particularly to the photograph lobby, you would believe that all copyright has been abolished as of now. Just look at some of the headlines: Continue reading »

South Africa’s Department of Trade and Industry Reneges on IP Policy Commitments

Posted by REPOST on May 2, 2013 No Responses »

May 022013

[Posted on FixthePatentLaws.org (Link)] On 24 April 2013, Minister of Trade and Industry Rob Davies stated that South Africa’s new intellectual property (IP) policy would not be released for public comment any time soon. This starkly contrasts with a number of promises in the past two years, by both the Minister and officials in the Department of Trade and Industry (DTI), that the release of the DTI-drafted policy is imminent.

South Africa’s patent laws do not include a number of provisions allowed for under international law that can facilitate access to medicines. In this regard we lag behind other developing countries, such as Brazil and India, in using legal safeguards in the interest of public health. According to earlier comments from the DTI, the department was developing a national IP policy that would lay the foundation for legal reform, and write such public health provisions into South African national law. Continue reading »

Statutory Damages: A Rarity in Copyright Laws Internationally, But for How Long?

Posted by REPOST on April 30, 2013 No Responses »

Apr 302013

Authors: Pamela Samuelson, Phil Hill, and Tara Wheatland

Publisher: Journal of the Copyright Society of the U.S.A.(Forthcoming)

Abstract: American copyright professionals may be so accustomed to the current domestic regime of statutory damages that it may come as a surprise to learn that very few countries in the world have anything comparable. Our survey of 177 World Intellectual Property Organization member states reveals that the United States is one of only 24 nations that has a statutory damage regime. Of these 24 countries, the vast majority have developing or emerging economies and are not known for having strong copyright industries. Continue reading »

Legislation on Limitations and Exceptions to Copyright Under Debate in Colombia

Posted by Marcela Palacio Puerta on April 30, 2013 No Responses »

Apr 302013

The Colombian Parliament is debating Bill 001 of 2012.[1] This Bill contains provisions regarding limitation and exceptions to Copyright Law. Last 16 of April the Bill passed the second debate in the House of Representatives. Now it is pending for debate in the Senate.

This Bill contains six articles regarding limitations and exceptions. Article 1 mandates an exception for temporary copies made as part of a technological process in some specific circumstances. Article 2 mandates an exception in favor of people with sight or hearing disabilities. Article 3 mandates an exception in favor of libraries and archives allowing them to lend a work. Article 4 mandates an exception in favor of parody. Article 5 mandates an exception in favor of educational institutions allowing the public performance of a work under certain circumstances. Finally, Article 6 repeals all provisions contrary to the ones mandated by this Bill. Continue reading »

Revisiting USTR’s Negotiating Objectives in New Trade Promotion Authority Legislation

Posted by Mike Palmedo on April 28, 2013 No Responses »

Apr 282013

Pressure on Capitol Hill for Trade Promotion Authority (TPA) is growing.

TPA – called “fasttrack” in the 1990s when it was used to negotiate NAFTA – allows the executive branch to negotiate trade agreements that Congress cannot amend during the ratification process. It also sets procedural rules under which trade agreements are negotiated, and the objectives of the United States for the outcomes of trade negotiations. Continue reading »

Rep. Goodlatte Announces “Comprehensive” Review of U.S. Copyright Law

Posted by Mike Palmedo on April 24, 2013 2 Responses »

Apr 242013

Today House Judiciary Committee Chairman Bob Goodlatte announced an upcoming review of U.S. copyright law: “the House Judiciary Committee will hold a comprehensive series of hearings on U.S. copyright law in the months ahead. The goal of these hearings will be to determine whether the laws are still working in the digital age. I welcome all interested parties to submit their views and concerns to the Committee. I welcome all interested parties to submit their views and concerns to the Committee.” Continue reading »

Korean Copyright Reform Bill, and Opposition from the Copyright Industries

Posted by Heesob Nam on April 23, 2013 No Responses »

Apr 232013

As you may well know the three-strikes-out rule was first enacted in S. Korea in 2009. Also this country introduced in 2006 a filtering obligation upon P2P and cyberlocker service providers.

In January, Mr. Choi introduced a bill to entirely remove those notorious rules from the Korean Copyright Act. This provoked strong oppositions from the copyright industries, not only from domestic ones but also from international ones such IFPI and Universal Music Group International. Continue reading »

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