I released a statement earlier today opining that the today’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement (available at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf) would give new rights to private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. This note gives further background and analysis supporting that statement.
Today’s leak of the Investor State Dispute Settlement (ISDS) chapter proposed for the Trans Pacific Partnership (TPP) agreement would give new rights to private companies to challenge limitations and exceptions to copyrights, patents, and other intellectual property rights in unaccountable international arbitration forums. The text contains the same provisions that are being used by Eli Lilly to challenge Canada’s invalidation of patent extensions for new uses of two medicines originally developed in the 1970s. The same language is also being used by Philip Morris to challenge Uruguay’s regulation of advertising on cigarette packages as an “expropriation” of their trademarks. But the TPP language goes farther. It includes a new footnote, not previously released as part of any other investment chapter and not included in the U.S. model investment text — clarifying that private expropriation actions can be brought to challenge “the cancellation or nullification of such [intellectual property] rights,” as well as “exceptions to such rights.”
[Electronic Information for Libraries, Link (CC-BY)]New translations in French and Russian of ‘The Marrakesh Treaty: an EIFL Guide for Libraries’ are now available online. The new translations will help ensure that the guide is read in more EIFL partner countries, and is used by more librarians to advocate for ratification of the Marrakesh Treaty for persons with print disabilities.
[Cross-posted from Afro-Leo, Link (CC-BY)] A report entitled ‘Copyright policy and the right to science and culture’ authored by the Special Rapporteur in the field of cultural rights, Farida Shaheed has been released (download it here, ref A/HRC/28/57 ).
The document summary reads: “In the present report, the Special Rapporteur examines copyright law and policy from the perspective of the right to science and culture, emphasizing both the need for protection of authorship and expanding opportunities for participation in cultural life. Recalling that protection of authorship differs from copyright protection, the Special Rapporteur proposes several tools to advance the human rights interests of authors. The Special Rapporteur also proposes to expand copyright exceptions and limitations to empower new creativity, enhance rewards to authors, increase educational opportunities, preserve space for non-commercial culture and promote inclusion and access to cultural works. An equally important recommendation is to promote cultural and scientific participation by encouraging the use of open licences, such as those offered by Creative Commons.”
[Rishika for the Centre for Internet and Society, Link (CC-BY)] In the year 2006, the World Intellectual Property Organization (WIPO) conducted a study on different national approaches to copyright exception for persons with disabilities. Over 60 countries have an exception in their Copyright laws permitting conversion of works into accessible formats for the benefit of persons who cannot read print. The scope of the exception varies, in terms of the beneficiaries covered, formats permitted, restrictions on who can convert, etc.
[International Federation of Library Associations, Link, (CC-BY)] IFLA’s response to the Synthesis Report of the UN Secretary-General on the Post-2015 Development Agenda: “The Road to Dignity by 2030: Ending Poverty, Transforming All Lives and Protecting the Planet”
Access to information…Intellectual Property reform…access to open data…affordable access to ICTs. These are some of the important issues IFLA and those of us in the greater library and information community are grappling with in a variety of ways.
IFLA has been working with the international library community—as well as civil society and member states—to develop its position and help ensure that crucial elements such as access to information are included in the UN post-2015 Development Agenda. Throughout this process, it is important that libraries are seen as being part of the conversation.
The American University Program on Information Justice and Intellectual Property, AU’s Center for Media & Social Impact, and the Berkeley Digital Library Copyright Project have released the Statement of Best Practices in Fair Use of Orphan Works for Libraries & Archives. Over 150 librarians, archivists and other memory institution professionals have contributed to the development of this Statement, which provides clear and easy to understand guidance for memory institutions that seek to provide digital preservation and access to collections containing copyrighted, orphan works under the doctrine of fair use. Excerpts follow:
Libraries, archives, institutional custodians of record and other non-profit organizations that preserve memory serve as stewards for a large share of the world’s cultural, historical, and scientific record. While performing many distinctive functions and often working within larger organizations, the professionals who dedicate themselves to preserving memory also share common purposes and challenges. In this document, we refer to them collectively as “memory institution professionals.”
[Prepared by Kenneth Crews for the 29th Session of the SCCR, Link] INTRODUCTION: A study of copyright exceptions and limitations for libraries and archives, commissioned by the World Intellectual Property Organization and delivered in 2008, provided a foundation for the subsequent consideration and evaluation of the issues by delegates from the WIPO member states. The original study was conducted by Dr. Kenneth D. Crews on behalf of WIPO, and he was again commissioned to be the principal investigator for the present 2014 report. This report offers a significant update and expansion of the 2008 study. First, the combined 2008 and 2014 studies offer analysis of the copyright laws from all but one of the WIPO member countries. Second, this 2014 project identifies countries that have revised their relevant statutes since completion of the 2008 report. These statutory revisions confirm an ongoing need for legal change and reveal specifically the relevant copyright issues on which lawmakers in diverse countries have taken legislative attention.
[Electronic Information for Libraries press release, Link (CC-BY)] After five years, it was time to update the 2009 EIFL Draft Law on Copyright in the light of legislative developments, current thinking on copyright policy, and library services enabled by new technologies. As a result, we have amended some of the exceptions and limitations, while introducing new provisions. We have also refreshed the layout and design of the document.
The EIFL Draft Law on Copyright including Model Exceptions and Limitations for Libraries and their Users (2014) is a practical guide to assist librarians, as well as their legal advisors and policy-makers, when national laws are being updated. It is designed to support access to knowledge and the public interest mission of libraries.
[Cross posted from brandonbutler.info, Link, (CC-BY)] When can teachers share copyrighted works (or excerpts therefrom) with students without payment or permission?
While other parts of the law come into play in narrow contexts, this is primarily a question about the scope of the doctrine of fair use. Educators have struggled with the dimensions of fair use for decades, and we are now at a pivotal point in that struggle. Friday’s decision from the 11th Circuit Court of Appeals in the Georgia State e-reserves case may be the last word on this issue for a long time. What does it say?
Reposted from Association of Research Libraries’ Policy Notes blog, Link, CC-BY
On Friday, October 17, 2014, the Eleventh Circuit released its long-awaited decision in the Georgia State University (GSU) e-reserves case.Some key takeaways from the majority opinion include:
- Affirms that fair use is applied on a case-by-case basis;
- Rejects bright-line rules, such as using a ten-percent-or-one-chapter rule to allow fair use (a rule that the district court adopted);
- Affirms that even if a use is non-transformative, a nonprofit educational purpose can still favor fair use;
- Rejects the coursepack copying cases as applicable;
- Finds that a publisher’s failure to offer a license will tend to weigh in favor of fair use in terms of the fourth fair use factor; and
- Gives weight to a publisher’s incentive to publish, rather than focusing on the author’s incentive to create.
Prof. Raquel Xalabarder
Chair of Intellectual Property
Universitat Oberta de Catalunya.
Click here for the full paper (PDF)
In February 2014, the Spanish Government proposed a bill to amend the Spanish Intellectual Property Law (TRLPI). Among other amendments, the bill introduces an ancillary right in favor of press publishers for the aggregation of news and other copyrighted content available online by means of a statutory limitation that authorizes the aggregation of online contents subject to an unwaiveable equitable compensation, managed by the corresponding Collective Management Organization [CMO]. Search engines are also authorized to link to this copyrighted content, this time without any remuneration.
The proposed statutory license has been severely criticized from all sides: by Spanish consumers’ associations, aggregators, search engines and providers of internet services, in general, as well as by some press-publishers. The bill is now under parliamentary proceedings.