Oct 032014
 

Raquel-XalabarderProf. Raquel Xalabarder
Chair of Intellectual Property
Universitat Oberta de Catalunya.
Click here for the full paper (PDF)

EXECUTIVE SUMMARY

In February 2014, the Spanish Government proposed a bill to amend the Spanish Intellectual Property Law (TRLPI).[1] 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. Continue reading »

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Oct 022014
 

K.M. Gopakumar[Reposted from TWN News, Link] Member States at the recently concluded 46th General Assembly of the World Intellectual Property Organization (WIPO) adopted a “no decision” outcome when consensus failed on four key issues.

This occurred on past midnight of the last day of the session that was held from 22 to 30 September 2014.

Despite intensive informal consultations over several days and evening some nights, the WIPO General Assembly concluded at 12.30 am without any decision on four areas viz. the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (Agenda item 16), Design Law Treaty (Agenda Item 15), the Standing Committee on Copyrights (Agenda item 14), and Matters Concerning External Offices and the establishment of WIPO External Offices (Agenda item 12). Continue reading »

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Sep 022014
 

elkin-koren and frischman aforiAuthors:  Niva Elkin-Koren and Orit Fischman Afori

Abstract:  Exceptions and limitations to the rights of copyright owners aim to promote copyright goals in a rapidly changing world. Policymakers are often faced with the choice of either adopting an open-norm, such as fair use, to facilitate flexibility and adaptability, or opt for a strictly defined list of exceptions and limitations to facilitate more certainty and predictability. So far, this binary choice between bright-line rules and vague standards has created a deadlock.

This paper argues that in order to promote a reasoned implementation of fair use and serve both the purpose of copyright law and the rule of law, courts should subscribe to the doctrinal indeterminacy mandated by fair use, while at the same time encourage the implementation of concrete rules within that standard. Incorporating bottom-up norms, such as Codes of Fair Use Best Practices, in fair use analysis, would enable courts to do just that. Continue reading »

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Aug 152014
 

south africa flagWe would like to invite you to a workshop on Copyright Users Rights and the Clearance Culture in South African Filmmaking on August 18, at 10h00, at the NFVF, 87 Central Street, Houghton, 2198, Johannesburg. This workshop will be hosted by SASFED and its Affiliates, the Program on Information Justice and Intellectual Property (PIJIP) at American University Washington College of Law in the United States, and the Intellectual Property Unit at the University of Cape Town. The workshop follows, and will report back on, research by the partner organisations on documentary filmmaker views and perceptions on the rights of filmmakers to reuse and transform material in their filmmaking without licensing restrictions. Continue reading »

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Jul 172014
 

euro open edu policy project logo[Cross posted from the European Open Edu Policy Project, Link (CC-BY)]  It is well known that the rules that allow for certain educational uses of copyrighted works under certain conditions without permission of the rights’ owners vary greatly between countries. But how different are those rules? And how difficult is to access those differences? Can a teacher with no legal background determine alone whether a certain use is allowed or not in his/her country? Continue reading »

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Jun 132014
 

hong kong[Press release, government of Hong Kong, Link]  The Government will introduce the Copyright (Amendment) Bill 2014 into the Legislative Council (LegCo) on June 18 to update Hong Kong’s copyright regime and ensure that it keeps pace with technological and overseas developments.

The Bill also provides a number of copyright exceptions to facilitate reasonable uses of copyright works.

[UPDATE: the draft bill is published - Copyright Amendments Bill 2014.]

Continue reading »

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May 142014
 

CJEU-logoA recent judgment from the Court of Justice of the European Union (Case C-435/12 ACI Adam BV and Others) ruled that private copying limitations cannot permit downloads from unlawful sources.

João Pedro Quintais & Alexander de Leeuw, have a detailed peice on the case on the Kluwer Copyright Blog.

Here is an excerpt from the ruling: Continue reading »

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May 062014
 

wipo circular logoJoint media release  by 10 Library and Archivist Associations | Download PDF

[Reposted from EIFL, Link CC-BY)] Discussions by the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright & Related Rights (SCCR) broke down in the early hours of Saturday morning 3 May, after the European Union (EU) attempted to block future discussion of copyright laws to aid libraries and archives fulfill their missions in the digital environment. Continue reading »

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Apr 182014
 

TDM report coverReport prepared for the EC Directorate-General for Research and Innovation, prepared by an Expert Group chaired by Ian Hargreaves with members Lucie Guibault, Christian Handke, Peggy Valcke, Bertin Martens, and Ros Lynch, supported by Ros Lynch and Sergey Filippov.  The full report is available here (PDF), and the executive summary follows.

Text and data mining (TDM) is an important technique for analysing and extracting new insights and knowledge from the exponentially increasing store of digital data (‘Big Data’). It is important to understand the extent to which the EU’s current legal framework encourages or obstructs this new form of research and to assess the scale of the economic issues at stake. Continue reading »

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Apr 032014
 

sean at podium30 international intellectual property law professors from around the world filed a brief in the U.S. Supreme Court today in ABC v. Aereo. Aereo is being accused of being directly liable for copyright infringement by supplying equipment for a remote DVR service that allows consumers to record and play back free-to-air television programming. The brief responds to arguments made by IFPI et al and some other amici supporting ABC that international copyright law — including the Berne Convention, WIPO Copyright Treaty and several Free Trade Agreements — control the case. This brief argues that international law is not controlling, but rather leaves countries free to hold that Aereo’s equipment only facilitates private copying by consumers. Continue reading »

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Jan 302014
 
botero

Carolina Botero

[Reposted from Digital Rights LAC, Link, (CC-BY-SA)]  At Digital Rights LAC we wanted to ask different specialists in the region about their personal appraisals on digital rights issues. This is the case of Carolina Botero from Colombia. We asked her what the main achievements were regarding the “exceptions and limitations to copyright” and what direction these discussions took in 2013. Here is her reply. 

Bearing in mind that Colombia is anticipating a copyright reform, essentially to fulfill the commitments of the FTA with the USA (ie commercial interests of the holders), 2013 was, however, an interesting year for the “positive agenda” that the country’s Karisma Foundation is pushing, which has exceptions at its central axis, which are understood as guarantees of fundamental rights and not as favors for the holders. Continue reading »

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Jan 172014
 

copyright-square-1[Cross posted from CCUSA, Link (CC-BY)] Much of what we hear about the globalization of copyright law around the world does not favor users. The dominant trend of lengthening terms, increasing criminalization and “deterrent” penalties and expanding third party liability has the intent and effect of privatizing more and more of the public domain. But one trend moves in the opposite the direction – the recent shift toward a global expansion of fair use.

The term “fair use” is often used to refer the specific limitation and exception to copyright contained in the US Copyright Act, 17 U.S.C. § 107. But it has also come to have a broader meaning Continue reading »

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