Aug 132015
 

rcp-lcaAuthors: Rodrigo Cetina Presuel and Loreto Corredoira y Alfonso

Abstract: In 2015, Spain’s new copyright law entered into effect including many new provisions including one that requires Universities to pay Collecting Societies for using manuals and textbooks made available online in virtual campuses. This license cannot be waived and means that Universities have to pay even for works released under free licenses, such as Creative Commons, and for works already in the public domain. This weakens the protection offered by limits such as the one in favor of educational uses (art. 32 of the Spanish copyright act) and also reduces the public domain as it establishes unalienable licenses for content no longer in copyright. Continue reading »

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Aug 102015
 
(CC BY) Matt Wade

(CC BY) Matt Wade

Creative Commons USA and over 100 other groups have sent a letter to President Obama urging a policy to ensure that “educational materials created with federal funds… are made available to the public as Open Educational Resources to freely use, share, and build upon” through the use of open licenses. The letter further notes that “the global standard for public copyright licensing for copyrighted content is Creative Commons. Existing U.S. Government grant programs including the TAACCCT and First in the World Programs mentioned above, use the Creative Commons Attribution License (CC-BY). Releasing materials under a standard license, such as CC-BY, allows for increased reuse and compatibility between materials produced by different institutions, including private charitable foundations and other national governments.” Continue reading »

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Jul 242015
 

public knowledgeSee also, Public Knowledge press release and this letter in PDF (CC-BY-SA)

Dear Ambassador Froman: All  consumers  are users of  intellectual property. The  average American  interacts with  hundreds,  if  not  thousands,  of  IP-protected  products  and  goods  each  day.  The Trans-Pacific Partnership must not weaken or otherwise disrupt the protections afforded to American consumers.

The United States  is  a global  leader  in  intellectual property, not only because of the  rights  enjoyed  by  creators  of  knowledge  goods,  but  also  because  of  those  rights granted to consumers. Preserving these rights must be central to any trade negotiation. Continue reading »

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Jul 082015
 

commons network report cover[The Commons Network, Link, (CC-BY] How can we address the high prices of medicines that are straining health budgets? How can openly sharing green knowledge help an agreement at the climate change talks in Paris this year? How could TTIP further privatize knowledge and what can we do about it? What does it mean to say the Internet belongs to everyone?

The Commons perspective sheds light on the democratic governance of knowledge for the common good and identifies knowledge as a shared resource that is a collective responsibility. It emphasizes equitable access to knowledge resources such as health-care, the need to prioritize ecological sustainability in knowledge policy and to promote participation in the management of an open and democratic Internet. Continue reading »

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May 242015
 

creative commons logo[Timothy Vollmer, Creative Commons, Link, (CC-BY)] Today Creative Commons and 22 other organizations published a letter urging the publishing giant Elsevier to alter its newly revised policy regarding the sharing and hosting of academic articles so that it better supports access to scholarly research.

Elsevier’s new policy, announced 30 April 2015, is detrimental to article authors as well as those seeking access to these research papers. Continue reading »

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May 182015
 

auThis post presents preliminary data showing that firms in industries sensitive to copyright can succeed in countries other than the U.S. when copyright limitations include fair use.  It is an early product of an interdisciplinary project at American University, in which legal researchers are working with economics professor Walter Park to study how country’s copyright exceptions effect economic outcomes. The project has been undertaken as part of American University’s larger role coordinating the Global Network on Copyright User Rights. The research supports and expands on other recent research attempting to measure the value of fair use abroad.

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May 142015
 

sean at podiumThe Senate and House Reports on the Trade Promotion Authority bills working through Congress include important, albeit limited, steps toward endorsing balanced intellectual property norms in trade policy.

The Senate report, released today, states: Continue reading »

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May 132015
 

Sen. SandersDear Secretary McDonald:

I am writing to urge you to use your authority as Secretary of Veterans Affairs to break the patents on Hepatitis C medications for the treatment of veterans suffering with the disease.

Last December, as Chairman of the Senate Committee on Veterans’ Affairs, I held a hearing about the high price of Hepatitis C drugs and the impact of those high prices on access to treatment for veterans. At the time, I raised concerns that the price of these new Hepatitis C drugs, specifically Sovaldi, which is manufactured by Gilead Sciences, even when discounted, would preclude veterans from accessing these life-changing drugs. Continue reading »

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Apr 172015
 

justin hughesAuthor: Justin Hughes

Abstract: The manuscript explores how U.S. fair use – a “standard” in a world of statutory copyright rules – has become an arena of ideological struggle over IP policy. At the international level, this debate frequently plays out in terms of how 17 U.S.C. 107 complies with or fails the “three-step test” of Berne and TRIPS. This manuscript reasons that asking whether section 107 complies with the three-step test is asking the wrong question: section 107 structure is not an exception – it is a mechanism to establish particular exceptions. Continue reading »

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Apr 152015
 

sean - 150x150I 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. Continue reading »

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Mar 262015
 

sean - 150x150I 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. Continue reading »

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Mar 262015
 

sean at podiumToday’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.”

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