The Trans-Pacific Partnership (TPP) Agreement contains an important provision concerning achieving balance in the copyright systems of the twelve countries party to that free trade agreement. This provision was not present in the early draft of the agreement. Then, in July 2012, the United States proposed language that formed the basis of the text of the provision. This language subsequently was strengthened over the next three years to its final form. This paper recounts the evolution of this provision. Because of the lack of transparency of the TPP negotiations, it is difficult to reconstruct a precise timeline of when specific language was proposed, who proposed it, and why. However, a combination of leaked drafts and public statements provides evidence of the provision’s trajectory.
Abstract: The Marco civil da Internet establishes a brand new framework for liability of Internet intermediaries regarding third parties’ contents and activities. Besides providing general immunity schemes for Internet access providers and Internet application providers, Section III frames two derogatory regimes regarding revenge porn and copyright. The latter still needs to be designed. This chapter compares this new piece of legislation within both Canadian and United States frameworks.
[Maira Sutton, EFF, Link (CC-BY)] Copyright restricts all kinds of important, everyday uses of creative works—even worse, these strict rules last nearly two lifetimes for any given work. We are fighting to reform and push back against these restrictions in the secret Trans-Pacific Partnership (TPP), especially those that undermine the public’s ability to use, research, remix, or otherwise modify digital content and devices. And one of the most critical issues in this trade deal is whether it strongly upholds and protects exceptions and limitations to copyright. As the Executive Director of Australian Digital Alliance, Jessica Coates, aptly puts it, “They are what allow teachers to use resources in the classroom, technology companies to create new services, and individuals to interact with copyright material without risking criminal liability.”
[Electronic Information for Libraries, Link, (CC-BY))] On 3-4 September 2015, EIFL co-organized the first seminar in Nepal dedicated to library copyright issues, in cooperation with our partners, the Nepal Library and Information Consortium (NeLIC). The sub-regional seminar provided an introduction to copyright and the copyright system, as well as library provisions in the copyright law of Nepal and other countries. It focused on three important areas: the Marrakesh Treaty for persons with print disabilities, the development of open educational resources (OERs), and long-term preservation of knowledge.
We write in response to your request for public comments on South Africa’s planned copyright legislation reform. We’re grateful for the chance to make a contribution in support of this extraordinary effort on the part of the Department of Trade and Industry to modernize South African copyright law and – in so doing – to make South Africa an international leader in the field at a critical moment in its history.
American University Washington College of Law’s Program and Information Justice and Intellectual Property and the American University International Law Review (“AUILR”) seek submissions for a AUILR Focus Issue on International and Comparative User Rights in the Digital Economy. A symposium for the issue will be held on March 18, 2016. Scholarships are available for accepted authors.
Cross posted from Afro Leo, Link (CC-BY)
As reported by Jeremy Speres (here) South Africa’s Copyright Amendment Bill, 2015 has been published for public comment. The Department of Trade and Industry (DTI) has lined up several stakeholder consultations, one of which was held on 13 August 2015. The consultation process is intended to culminate in a Copyright Amendment Bill Conference on 27 August 2015.
The current Colombian copyright law appears to be a traditional copyright framework that seeks to protect authors and provides an enforcement mechanism for those rights while at the same time providing limitations and exceptions in favor of public interests according to international standards. A closer view of the law, however, reveals that Colombian copyright law favors authors’ protections and undermines public interest uses, especially in the digital environment. This regulatory framework does not favor the incorporation of technology in education.
[Camden for Torrent Freak, Link (CC-BY-NC)] Earlier this month several music industry organizations in the UK won a judicial review which renders the Government’s decision to allow copying for personal use unlawful. Following this unexpected decision are UK citizens now breaking the law if they copy their own CDs? How will the fate of the legislation be determined?
[Electronic Information for Libraries, Link, (CC-BY)] Once again, the European Union (EU) has blocked progress at the World Intellectual Property Organization’s (WIPO) Standing Committee on Copyright & Related Rights (SCCR) that met in Geneva from 29 June-3 July 2015. And this time, the EU is more isolated.
The Committee is discussing copyright laws that would aid libraries and archives in fulfilling their missions in a global, digital environment. EIFL (Electronic Information for Libraries) and representatives of international library and archive organizations, observed the European Union refuse to engage in meaningful discussions that would enable an effective global information infrastructure for access to knowledge.
The User Rights track of the Fourth Global Congress on Intellectual Property and the Public Interest, to take place in Delhi, India, December 15-17, 2016, seeks research contributions. The User Rights track will focus on how law and policy can play a key role in breaking down barriers to full participation in the digital economy through expansions of user rights — the rights of users to access, use and transform digital content to further social, economic, cultural and political purposes. User rights can be found in diverse fields of law, including in human rights (e.g. the right to freedom of expression and opinion, the right to participate in cultural heritage, the right to enjoy the benefits of scientific progress, the right to privacy, the right to health), in limitations and exceptions and enforcement policies in intellectual property laws, in net neutrality and other communication industry regulation, in consumer and competition protection, in privacy rights — including those related to the capturing of user data, in contracts and terms of service, and through other laws that protect the rights of users of the digital economy and the content shared through it.
The Association of Research Libraries has a new issue brief on fair use in text and data mining. The brief describes the role and usefulness of text and data mining, a short background on fair use, and analysis of fair use, including eight cases that support the use of fair use in text and data mining.
This brief is available here.