[Timothy Vollmer, Creative Commons, Link (CC-BY)] Copyright policymakers in Europe and South America have proposed legislation that would impose an unwaivable right to financial remuneration for authors and performers on copyrighted works. The laws attempt to ensure that creators receive payment for their work, but they would interfere with the operation of Creative Commons licensing by adding a special and separate economic right above and beyond the intention of some authors who wish to share their creative works with the world for free.
Anubha Sinha, CIS-India
Reposted from EIFL,org, Link (CC-BY)
On 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.
In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India.
[Mark Schweizer for IP Kat, Link (CC-BY)] According to its media release of 11 July 2017, the German Federal Court of Justice confirmed the decision of the Federal Patent Court granting Merck a compulsory license to EP 1 422 218 owned by Shionogi. This allows Merck the continued distribution of its antiretroviral drug Isentress, an approved medication for treatment of HIV-patients, on the German market.
The case is highly unusual not only because compulsory licenses are exceptionally rarely granted under German law, but also because the license was granted in preliminary proceedings, which is a first.
Internet Association Press Release, June 29, 2017. Link (CC-BY-NC-SA)
Today, Internet Association released a new analysis that found reducing intermediary liability safe harbor protections would cost the U.S. 4.25 million jobs and reduce GDP by nearly half a trillion dollars over the next decade. Conducted by NERA Economic Consulting, the report represents the first quantitative measure of the value of safe harbor laws that protect internet platforms from being liable for wrongdoing by others.
[Reposted from MichaelGeist.ca, Link (CC-BY)] The Supreme Court of Canada released its much-anticipated Google v. Equustek decision today, upholding the validity of an injunction requiring Google to remove search results on an international basis. The 7-2 decision (Justices Côté and Rowe dissented, finding that there were alternatives available, the order is ineffective, and expressing concern that the “temporary” injunction was effectively permanent) is not a surprise – last week’s Facebook’s decision suggested a willingness to side with the weaker Canadian litigant against Internet giants – but the decision will ultimately grant Google more power, not less.
Tomasz Kasprzak, Olga Jurkowska, Alek Tarkowski and Anna Buchner
Communia Association (CC-0) | Full Report (PDF)
EXECUTIVE SUMMARY: We asked thirty teachers from five European countries about copyright in schools. Our respondents included teachers implementing education innovations and actively using new technologies. These are our study’s key findings:
The best way for teachers to gain familiarity with copyright is to become creators of educational materials. Such creators have two options: either use copyright to protect their work or share it using a Creative Commons license.
Today’s New York Times features a story on a leaked draft outline the Trump Administration’s upcoming Executive Order on drug pricing. According to the Times, “the document directs the United States trade representative to conduct a study of price differences between the United States and other countries, and to review trade agreements that may need to be revised ‘to promote greater intellectual property protection and competition in the global market’.”
All over the world, copyright regimes have figured out how to write exceptions that don’t hurt the market for creators’ work but permit new work to be made without strangling costs. But Australia has one of the most rigid copyright regimes in the world. What happens here to creators who have to work under those conditions?
A team at the Queensland University of Technology, for which I am principal investigator, has been tackling that question. I’ve been talking to Australian creators – writers, filmmakers, musicians, visual artists, curators and more – and conducting a survey to find out how they deal with Australia’s copyright rigidities.
We are only asking questions about creators’ own practices, and we are still collecting data. But we’re already seeing patterns. And so far they are concerning for Australian national creativity, culture and identity.
Paving the way for parallel imports to exert downward pressure on domestic pharmaceutical (and other) prices
[Frederick M Abbott*, IP Watch, Link (CC-BY-SA)] The Supreme Court of the United States on May 30, 2017 adopted a rule of international exhaustion of patent rights for the United States in Impression Products v. Lexmark International, No. 15-1189. The near-unanimous decision authored by Chief Justice Roberts is unambiguous and unequivocal. The Court paid short shrift to contrary decisions of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001) and in this case on certiorari, Lexmark International v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016).
[michaelgeist.ca, Link (CC-BY)] The federal government placed a big bet in this year’s budget on Canada becoming a world leader in artificial intelligence (AI), investing millions of dollars on a national strategy to support research and commercialization. The hope is that by attracting high-profile talent and significant corporate support, the government can turn a strong AI research record into an economic powerhouse. Funding and personnel have been the top policy priorities, yet other barriers to success remain. For example, Canada’s restrictive copyright rules may hamper the ability of companies and researchers to test and ultimately bring new AI services to market.
[Joint comment endorsed by 14 organizations, listed below] We, the undersigned organizations, urge you to implement without further delay Department of Education Rule 2 C.F.R. § 3474.20 for “Open Licensing Requirement for Direct Grant Programs,” which ensures that educational resources and other copyrightable works created with Department discretionary grant funds are openly licensed. We strongly support this rule, and encourage you to move ahead with its implementation immediately upon conclusion of this extension period.
[Médecins Sans Frontières, Link] Treatment for hepatitis C using the key drug sofosbuvir could be vastly scaled up in Brazil after the decision by the National Agency of Health Surveillance (Anvisa) to reject a key patent application on the drug marketed by pharmaceutical corporation Gilead. The decision could pave the way to enable generic competition in Brazil, which should lead to price reductions, making it more affordable to scale up treatment.