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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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.

Continue reading »

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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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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.”

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
 

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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The Shadow of a Treaty

 Posted by on February 9, 2015  No Responses »
Feb 092015
 

Kaminski_Margot[Reposted with permission from the Yale Journal on Regulation Notice and Comment blog. Link]  On December 15th, the Ninth Circuit heard en banc oral arguments in a contentious copyright case: Garcia v. Google. The core questions in the case are interesting enough: whether performer Cindy Lee Garcia can claim copyright protection for her five-second performance in the film Innocence of Muslims, and whether Google should consequently be enjoined from showing the movie. The case raises important questions about online speech, about creativity, and about the recourse available for people who allege harm stemming from online content. A number of professors, myself included, wrote and joined amicus briefs on Google’s behalf. For a great write-up of the en banc hearing, check out Cathy Gellis’s summary over on techdirt. Continue reading »

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Nov 032014
 

EU flagOpinion on the Judgment of the CJEU in Case C-201/13 Deckmyn

Abstract: In this opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the Judgment of the Court of Justice of the European Union (CJEU) in Case C-201/13, Deckmyn, which departs from the doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are involved. Continue reading »

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