[Originally posted on MichaelGeist.ca, (CC-BY) Link] Last month, I traveled to Australia and New Zealand as part of a group of experts to discuss copyright fair use and fair dealing. The trip included several public talks, meetings with government officials, a book launch on Reimagining Copyright, and the chance to discuss copyright policy directly with publishers, educators, and librarians. Videos of some of the panels are available online, including a New Zealand forum on copyright and innovation and a panel on comparative copyright limitations and exceptions at the Australian Digital Alliance annual conference.
Last month, the Program on Information Justice and Intellectual Property, the Australian Digital Alliance and Internet NZ hosted a series of meetings and workshops on user rights in copyright reform in Australia and New Zealand. Both countries are debating copyright reform, and Australia is debating a proposal to add fair use to its copyright exceptions.
Participants in the events included Michael Geist, Bill Patry, Sang Jo Jong, Kimberlee Weatherall, Rebecca Giblin, Suzy Frankel, Jessica Coates, Heesob Nam, Peter Jaszi, Patricia Aufderheide, Sean Flynn and Meredith Jacob.
Below you will find video from two of the events, some of the follow up blogs and news stories from the trip.
Abstract: In 2014, the Supreme Court of Kenya had to determine whether the broadcast rights in free-to-air (FTA) programme-carrying signals were infringed by allowing the re-broadcasting of these signals pursuant to the so-called “must-carry” rule in the Broadcasting Regulations of the Kenya Information and Communication Act. In a unanimous decision, the apex court ruled that the ‘must -carry’ rule fell under the fair dealing provisions of the Kenya Copyright Act despite the fact that the dealing in question did not fit within one of the enumerated allowable purposes.
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.
[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.
[Meera Nair, Fair Duty, Link (CC-BY-NC-SA)] Tomorrow marks the start of Fair Dealing Week in Canada. There is much to be proud of with the steady advance in the realm of exceptions, gained not by intemperate action but by deliberative thought on the part of the judiciary, the government, the Copyright Board, and, institutions and individuals across the country. A moment of celebration and pride is warranted. Yet, significant challenges remain. Educational institutions continue to be a favorite target with copyright owners. Those who take aim at fair dealing lack a cogent argument grounded in either legality or economics, and so must rely on hyperbole. The picture painted is that educational institutions steal from an industry which is on its deathbed, to the detriment of those individuals who carry the very soul of the nation.
[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.
[Anubha Sinha, CIS-India, Link (CC-BY)] The latest judgment in the matter of Super Cassettes v. Myspace is a landmark and progressive ruling, which strengthens the safe harbor immunity enjoyed by Internet intermediaries in India. It interprets the provisions of the IT Act, 2000 and the Copyright Act, 1957 to restore safe harbor immunity to intermediaries even in the case of copyright claims. It also relieves Myspace from pre-screening user-uploaded content, endeavouring to strike a balance between free speech and censorship. CIS was one of the intervenors in the case, and has been duly acknowledged in the judgment.
The Australian Government Productivity Commission has released its final report on ‘Intellectual Property Arrangements,’ which recommends a number of reforms to IP law, including changes to the law on patents, copyrights and enforcement.
Regarding copyright and related rights, the Australian Government Productivity Commission warns that the scope of works eligible protection is too broad and the term of protection is too long, forcing copyright users face higher costs. It recommends clarifying the law on geoblocking and allowing parallel trade in books in order to expand access to works. The report recommends “Introducing a system of user rights, including the (well-established) principles–based fair use exception.”
[Prashant Reddy for IPKat, Link (CC-BY)] Academic publishing houses, OUP and CUP have suffered yet another defeat in their litigation against Delhi University and a photocopy shop when a Division Bench of the Delhi High Court ruled against them in an appeal on December 9, 2016. The crux of the lawsuit was whether the practice of photocopying copyrighted material and compiling them in course-packs was copyright infringement under Indian law. Given that universities and students have been photocopying copyrighted material for several years without any restrictions, the lawsuit had provoked an angry backlash from students and academics – both of whom then organised themselves into an association and intervened in the case.
[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.
[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.