At the Australian Digital Alliance Forum, the first keynote from the Productivity Commission’s Deputy Chair Karen Chester busted myths about fair use. “Fair use has become not a nice-to-have, or even a good-to-have, but a policy must-have,” she said. She also charged in Q&A that those myths are being fecklessly promoted by industry actors.
Thank you for inviting me to the ADA Copyright Forum. I am more than delighted to be able to introduce the Korean experience on fair use. Frankly speaking, it is risky business to introduce fair use doctrine in a civil law country like Korea. Since Korea is a risk-taking country rather than a risk-averse country, Korea decided to introduce the fair use doctrine six years ago. We did so because the fair use doctrine can drive innovations for the industry, for users or works, and for creators in a fast changing internet environment. Actually, for more than thirty years, Korea has strengthened copyright for the benefit of creators. Many scholars including myself have raised serious questions about what happened to users’ rights under the Copyright Act of Korea. During the course of debates and discussion to strike a good balance between apparently conflicting interests of creators and users, Korea has faced two options. One option was to expand the scope of exceptions. Another option was to introduce a general clause on fair use. Korea opted for the second choice in 2011. Now, let me take a brief look at some cases.
[Teresa Hackett, Electronic Information for Libraries, Link (CC-BY)] EIFL is participating in Fair Use/Fair Dealing Week, an annual celebration designed to highlight and promote the opportunities presented by fair use and fair dealing, celebrate success stories, and explain these doctrines. Over 40 countries around the world have fair use or fair dealing in their copyright laws. In this blog, Teresa Hackett, EIFL’s Copyright and Libraries Programme Manager, discusses the evolution of fair dealing in the copyright laws of five EIFL partner countries: Botswana, Ghana, Malawi, Lesotho, Myanmar and Uganda.
[Maximiliano Marzetti, guest contributor to IP Watch, Link (CC-BY-NC-SA)] On 12 December, the Argentinian Copyright Office and the Ministry of Culture invited a group of stakeholders, among which was this author, to discuss the final draft of the Exceptions and Limitations Bill (Proyecto de Ley de Excepciones) to modify current Copyright Act no.11.723 of 1933. One wonders whether it would be better to draft from scratch a modern Copyright Act instead of patching up the old 1933 Act. Nevertheless, the bill is welcomed. Argentina, as this author has already expressed, has one of the most restrictive copyright laws in the world (see Propuestas para ampliar el acceso a los bienes públicos en Argentina – Estableciendo el necesario balance entre derechos de propiedad intelectual y dominio público, Maximiliano Marzetti, Buenos Aires, 2013).
[Reposted from Creative Commons, Link (CC-BY)] The “Safe harbor” provisions of the DMCA have been critical to build the internet as we know it today. Provisions like this one have given space to intermediaries providing platforms to host and transmit user-generated content without being held responsible for third party acts. The above is the legal reason explaining innovation on user-generated platforms and ways to communicate and, as a consequence, enhance rights such as freedom of expression.
[Lina Daniels, IP Watch, Link (CC-BY-NC-SA)] CAPE TOWN, South Africa — “Fair use” was at the heart of discussions between intellectual property stakeholders at a recent workshop called to discuss the revised draft copyright amendment bill of South Africa.
The one-day workshop, held in Cape Town on 6 December was the first of two IP sector workshops that brought together academics, activists and IP practitioners to discuss the merits and demerits of the copyright amendment bill and its anticipated revisions. The second one-day workshop was held in Johannesburg the same week on the 8th of December.
[Alex Howard, Sunlight Foundation, Link (CC-BY)] Amidst unanswered questions about the future of open government in the United States, the Senate has provided a unanimous endorsement of a set of enduring principles that the Sunlight Foundation has advanced and defended for a decade: that data created using the funds of the people should be available to the people in open formats online, without cost or restriction.
On Dec. 10, 2016, S.2852, the Open, Public, Electronic, and Necessary (OPEN) Government Data Act, passed the Senate with an amendment by unanimous consent. The OPEN Government Data Act has been a core priority of the Sunlight Foundation in Washington in 2016. We are thrilled that the Senate has acted to move it and grateful to the bill’s co-sponsors for their support for open government.
A Copyright Amendment Bill will be tabled in Parliament by the South African government proposing to reform the current system of copyright law in the country to include a “fair use” clause modeled on US law. American University Washington College of Law’s Program on Information Justice and Intellectual Property (PIJIP) is visiting South Africa December 1 through 15 to participate in a series of workshops and lectures exploring how adoption of the proposed fair use standard may benefit creativity, innovation and development in the country. The workshops and presentations will include discussion of recommendations on the Bill submitted by legal scholars in a Joint Academic Submission on the Copyright Bill, consisting of a summary letter, table of section-specific comments, and proposed text for Sections 12 and 12A.
[Creative Commons blog, Link (CC-BY)] Below is an update from Creative Commons Indonesia, who recently worked with their national copyright office on proposed changes to law that will secure the ability of creators to use CC and other open licenses there.
In late 2014, Indonesia amended its copyright law to add several new provisions, including changes having to do with database rights, addressing copyright as an object in a collateral agreement, and making license recordation mandatory. The latter is something that could potentially be an issue with regard to the operation of Creative Commons licenses, as well as other open license in Indonesia.
Yesterday, the American University economics department hosted a presentation by Joan Calzada of his working paper with Richard Gil, What Do News Aggregators Do? Evidence from Google News in Spain and Germany. The paper studies the role of news aggregation, in which snippets from copyrighted news stories are reproduced on an aggregator’s website, which then provides a link to each full story on the copyright-holding newspapers’ own websites. Calzada and Gils analyzed web traffic data for newspapers’ websites in Spain before and after Google News dropped out of the country following the imposition of a link fee.
[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.
[Jorge Gemetto, Creative Commons Uruguay, Link (CC-BY)] Last week, 14 people were convicted by an Uruguayan judge for the crime of making copies of educational resources. The defendants, owners of copy shops located near the University of the Republic (Universidad de la República) in Montevideo, have been sentenced to seven months in prison, although the judge has conditionally suspended the imprisonment. The case began in 2013, when a major police operation shuttered copy shops in the area surrounding the University, confiscated photocopy machines, and detained 32 people.