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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Mar 122015
 

cc open edu icon[Cross posted from the CCUSA blog, Link (CC-BY)] In all my time with Creative Commons, I’ve come to see that support comes from people across a wide spectrum of creators. For some, the Creative Commons licenses and their related icons provide the vocabulary and the solidarity around the sharing that they would engage in over the Internet even if the licenses did not exist. For others, the licenses are needed to free users from copyright constraints that would otherwise inhibit or prohibit uses that the creator wants to promote. Continue reading »

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Mar 102015
 

jbandUpdated March 10, 2015, to include UK Fair Dealing amendments.

Updated on April 3, 2013, to include Liberia.

More than 40 countries with over one-third of the world’s population have fair use or fair dealing provisions in their copyright laws. These countries are in all regions of the world and at all levels of development. The broad diffusion of fair use and fair dealing indicates that there is no basis for preventing the more widespread adoption of these doctrines, with the benefits their flexibility brings to authors, publishers, consumers, technology companies, libraries, museums, educational institutions, and governments. Continue reading »

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Feb 262015
 

hcv report cover[Yale Global Health Partnership press release] Just last week, worldwide leaders came together in Geneva, Switzerland at the World Health Organization to begin to develop a five-year strategy to combat Hepatitis C. The disease, which affects 185 million people worldwide – five times as many people as HIV, predominantly in low-and middle-income countries – has been called a silent epidemic. Now, a new report by Yale’s Global Health Partnership (GHJP), the Treatment Action Group (TAG) and the Initiative for Medicines, Access and Knowledge (I-MAK) warns that global efforts to extend treatment to millions is in peril unless key obstacles to access are confronted immediately…  strategies used with other diseases, particularly HIV/AIDS, to extend treatments to millions who need it has largely depended on getting less expensive, generic versions of these drugs on the market, by pressuring companies to allow other manufacturers to produce their drugs.

Yale GHJP Press Release | Full Report

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Feb 262015
 

gasser-and-schultzUrs Gasser and Wolfgang Schulz
Berkman Center Research Publication No. 2015-5
February 2015 | Full Text (SSRN)

A. Summary

A review of online intermediary governance frameworks and issues in Brazil, the European Union, India, South Korea, the United States, Thailand, Turkey, and Vietnam creates a picture full of nuance, whether looking at the genesis of intermediary frameworks, the reasons for intervention, or the specifics of the respective governance models, including strategies, institutions, modalities, and the effects of regulation, among other dimensions. The country case studies both highlight and illustrate the importance of cultural and political context, which is not only reflected in the respective legal norms aimed at regulating intermediaries, but also expressed through different views and perceptions regarding the social function of intermediaries. In some sense, the case studies and the way in which the authors tell the story themselves mirror the same context and diversity. Similarly, the importance of the socioeconomic context has become clearly visible. Many of the features of various intermediary governance models can hardly be understood without considering their economic context, in conjunction with demographic characteristics and shifts. Continue reading »

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