This post uses two common indicators of innovation to see how the technology hardware sector compares in countries with and without fair use. It illustrates that research and development spending by firms in these industries has been higher in countries with fair use, controlling for other firm- and country-level factors. It then shows more patents have been granted to the technology sector in countries that have adopted fair use, relative to patents granted to firms in the same industries in other countries, controlling for other country-level factors.
Abstract: This paper analyses the influence of the right to freedom of expression and information on European copyright law in the digital context. Drawing on the practice of the two major European courts – the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) – it begins by exploring how this fundamental right shapes both the scope of copyright protection in Europe and what is traditionally termed as “exceptions and limitations” to exclusive rights. Specifically, a long-standing practice of the ECtHR, in accordance with which copyright in turn may be viewed as an exception to freedom of expression and must hence be narrowly interpreted, is scrutinized.
Dimitar Dimitrov, Free Knowledge Advocacy Group EU, Link, (CC-BY)
Thanks to synchronised interplay between our EU-level policy initiative and the steady work of our Belgian community, a new copyright exception allowing for thousands of new images on Wikimedia projects is now in place. But how exactly did this public policy ping pong work out?
Anna Mazgal, Communia Association, Link (CC-0)
The right to quote is a pivotal element of science, study, critique, and art. By evoking somebody else’s words and creations we are able to enter into an intellectual dialog that is a foundation of our culture. Quotations substantiate scientific discourse and discovery of new knowledge. They are used widely in memes that have become a signature feature of social media.
Within the Best Case Scenarios for Copyright series, we present Finland as the best example for quotations. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Quotations in Finland legal study. EU, it’s time to #fixcopyright!
Abstract: In the context of national proceedings opposing the Dutch Association of Public Libraries and the collective management organization Stichting Leenrecht, the District Court of The Hague referred a question about the interpretation of articles 1(1), 2(1)(b), and 6(1) of the Rental and Lending Rights Directive (Directive 2006/115). The fundamental question currently pending before the CJEU is whether the Directive’s notion of “lending” should be interpreted as including e-lending services.
[Anna Mazgal, Communia Association, Link (CC-0)] The education exception benefits teachers, students, and researchers who need access to all types of educational and informational resources that are often protected by copyright. This exception balances the right to education with the rights of authors. Maintaining the balance is never easy, and some issues still await their interpretation in Estonia. Still, Estonia enjoys the widest education exception provisions among all EU member states. Within the Best Case Scenarios for Copyright series, we present Estonia as one of the best examples for education. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Education in Estonia legal study. EU, it’s time to #fixcopyright!
[Reposted from michaelgeist.ca, Link (CC-BY)] In recent weeks, there has been some media coverage claiming that Canadian educational materials are disappearing in the face of copyright fair dealing rules. For example, several weeks ago, Globe and Mail writer Kate Taylor wrote a column on copyright featuring the incendiary headline that “Kids Will Suffer if Canada’s Copyright Legislation Doesn’t Change.” This week, the CBC provided coverage of a writer’s conference panel with a piece titled “Copyright-free material edging out Canadian texts” that speaks of sales falling off a cliff.
[Anna Mazgal, Communia Association, Link (CC-0)] The parody exception cultivates the French tradition of satire. When the goal is to make people laugh, anybody can freely create a distinctively different mockery of a protected work. This encourages creativity and freedom of expression.
Within the Best Case Scenarios for Copyright series, we present France as the best example for parody. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Parody in France legal study. EU, it’s time to #fixcopyright!
Executive summary: Australia’s copyright laws operate as a serious roadblock to preparing children to be the creators and innovators of the future.
Government policy and community expectations require schools to take an increasing role in STEM education, industry collaboration, and equipping students with the digital skills they need to be successful in the workforce of the future. However, Australia’s copyright laws – designed in the age of classroom-based “chalk and talk” teaching – are simply not appropriate for today’s world of flipped classrooms, digital learning, and collaboration. Laws designed for photocopiers are ill-equipped to cope with interactive whiteboards, tablets and robotics.
Sergey Filippov and Paul Hofheinz
Excerpt from Text and Data Mining for Research and Innovation
Lisbon Council (CC-BY-NC-SA), Click here for the full paper
On 09 December 2015, the European Commission proposed a mandatory exception for research in EU copyright legislation for “public interest research organisations to carry out text and data mining of content they have lawful access to, with full legal certainty, for scientific research purposes.”
[IP Watch, Link (CC-BY-NC-SA)] The German Constitutional Court today ruled in favour of the “freedom to sample” – or freedom to remix – in a case between the singer/songwriter Sabrina Setlur and the band Kraftwerk.
The latter had filed complaints against the sampling of two seconds of rhythm from its 1977 song “Metall auf Metall” in Setlur’s 1997 “Nur mir”. The Federal High Court and several lower courts ruled in favour of Kraftwerk, pointing to German copyright legislation underlining the difference between re-using snippets from the original recording medium to re-performing them.
[Reposted from Technollama.co.uk, Link (CC-BY_NC-SA)] How much do you need to reproduce a video or broadcast in order to infringe copyright? In the age of Vine, Periscope and animated gifs, this question has become more important than ever. We now may have a partial answer in the case of England And Wales Cricket Board Ltd v Tixdaq Ltd.
The claimants in the case are Sky and the E&W Cricket Board (EWCB), which own the copyright in most live cricket broadcasts. The defendants operate the website Fanatix, which offers sport news, video and commentary. Fanatix’s users uploaded a considerable amount of 8 second cricket clips to the Fanatix companion app, and these were also available in other social media operated by the defendants. The claimants argue that these clips infringe their copyright, while the defendants argued that these fall under fair dealing for reporting and news coverage. Interestingly, the defendants also used an intermediary liability defence, arguing that they were simply mere conduits and hosting content uploaded by third parties.