Jan 222016

butler150px(Cross posted from ipclinic.org, Link] In October 2015 the Librarian of Congress issued an important new rule permitting faculty and staff creating MOOCs (massive open online courses) to copy short clips from video media protected by digital locks. The rule was the result of a petition brought by clinic students Mark Patrick and Sarah O’Connor on behalf of Peter Decherney, Professor of Cinema Studies and English at the University of Pennsylvania, the College Art Association (CAA), the International Communication Association (ICA), and the Society for Cinema and Media Studies (SCMS). The rule may be the first official acknowledgment that MOOC courses are appropriate venues for the fair use of copyrighted media, including video content. Continue reading »

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Jan 122016

communia[Timothy Vollmer, Communia, Link (CC-0)] Communia has published a policy paper on the topic of leveraging copyright in support of education. We contend that exceptions and limitations to copyright for education should support broad access and re-use of copyrighted content of all types in a variety of education settings and across borders. The best way to achieve the proper balance of interests at stake is through the adoption of an exception or limitation to copyright for educational purposes that meets the following requirements: Continue reading »

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Jan 072016

American_University_Washington_College_of_Law_LogoPIJIP Professors Carroll, Jaszi, and Flynn have submitted comments to the Nigerian Copyright Commission, which has posted a Draft Copyright Bill (2015) for public review. The release is part of its Project on the Reform of the Nigerian Copyright System, started in 2012 to “the promotion of a knowledge based and innovation driven economy for Nigeria and enhance the interests of Nigeria’s core cultural industries” and bring the country into compliance with trade obligations (among other objectives). Continue reading »

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Dec 112015

sean at podiumStatement of Sean Flynn, Program on Information Justice and Intellectual Property

Standing Committee on Copyright and Related Rights: Thirty-First Session December 7-11, 2015 (Geneva, Switzerland)

Thank you for recognizing me on the issue of promoting limitations and exceptions for educational purposes, potentially within the discussions underway on the needs of libraries.  Continue reading »

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Dec 022015

jbandIn 2012, I published a law review article where I argued that when a defendant engages in the type of activity permitted by a specific exception under the Copyright Act, but does not qualify for a technical reason, the court should give weight to the defendant’s substantial compliance with the exception when considering the first fair use factor (the purpose and character of the use).1 In adopting a specific exception, Congress recognized the strong public policy interest in permitting the use in cases meeting the exception’s requirements. Significantly, the same public policy interest still exists in cases where many, but not all, of the exceptions’ requirements are met. While the existence of a specific exception should not be dispositive of the fair use analysis, I argued that it should have a positive influence on the first fair use factor. Since then, both the Second Circuit and the Register of Copyrights have given substantial weight to specific exceptions in the context of consideration of the first fair use factor.

Click here for the full update (PDF).

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Nov 302015

communia[Cross posted from the Communia Assoc., Link (CC-0)] How to secure user rights in education? This was the question we asked during a policy debate organised by Communia and hosted by MEP Michał Boni in the European Parliament on the 17th of November. Panelists, politicians and stakeholders participating in this debate discussed two approaches: the creation and use of Open Educational Resources (OER), and a progressive copyright reform for education. While these issues are usually presented separately, as Communia we see them as two aspects of a single effort to ensure user rights in education. Continue reading »

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Nov 112015

jbandNote:  The original version of this paper was posted on October 20, 2015.  It was updated on November 10, 2015 taking into account the release of the official TPP text. (eds.)

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.

Click here for the full paper (PDF)

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Nov 082015

Martin-BariteauAuthor: Florian Martin-Bariteau

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. Continue reading »

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Sep 222015
Image: EFF (CC-BY)

Image: EFF (CC-BY)

[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.” Continue reading »

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Sep 212015

eifl[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. Continue reading »

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Sep 172015

South African FlagLetter from South African and American Academics to Ms Meshendri Padayachi
South Africa Department of Trade and Industry

Joint Academic Comment (PDF)
Accompanying Table (PDF)

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. Continue reading »

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Sep 022015

American_University_Washington_College_of_Law_LogoAmerican 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. Continue reading »

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