Tag: Collective Management

Don’t Be Afraid of Compulsory Licenses Despite US Threats: Special 301 Reports 1998-2017 – Listing Concerns but Taking Little Action

For the past 20 years in its annual Special 301 Reports, the US has consistently criticized countries that do not have compulsory licensing standards that Big Pharma likes, that threaten to issue compulsory licenses, or that have actually had the temerity to issue a compulsory license… Despite its many complaints, veiled threats, and backroom maneuvers against compulsory licenses, the USTR’s bark has been much, much louder than it’s bite. 

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Intellectual Property before the European Court of Human Rights

Christophe Geiger and Elena Izyumenko

[Christophe Geiger and Elena Izyumenko] Abstract: In the past years, the European Court of Human Rights (ECtHR, or Strasbourg Court), Europe’s principal human rights watchdog, has played an ever larger role in the resolution of intellectual property (IP) disputes. The ECtHR’s engagement in IP adjudication has already influenced national judges, who increasingly have recourse to human rights to solve cases between private parties, thus calling for closer scrutiny of the Court’s practice on this matter. The present chapter provides the first comprehensive overview of the ECtHR case law on IP for the period since the Court’s inception (in January 1959) until today (February 2018).

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Federal Judge Says Embedding a Tweet Can Be Copyright Infringement

[Daniel Nazer] Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.

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How Copyright Law Is Holding Back Australian Creators

[Kylie Pappalardo and Karnika Bansal] Australian creators struggle to understand copyright law and how to manage it for their own projects. Indeed, a new study has found copyright law can act as a deterrent to creation, rather than an incentive for it. Interviews with 29 Australian creators, including documentary filmmakers, writers, musicians and visual artists, sought to understand how they reuse existing content to create. It considered issues such as whether permission (“licences”) had been sought to reuse copyrighted content; the amount of time and cost involved in obtaining such permissions; and a creator’s recourse if permission was either denied or too expensive to obtain.

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Re:Create Report – Unlocking the Gates: America’s New Creative Economy

[Re:Create] Over the span of just two decades, the internet has unlocked the gates to the new creative economy, empowering nearly 15 million Americans to create their own content and earn billions of dollars in revenues from posting online. Internet platforms like Amazon Publishing, Instagram, Etsy and YouTube have been driving forces behind the growth and expansion of the dynamic, multibillion-dollar new creative economy… An estimated 14.8 million Americans used the following nine platforms in 2016 to earn income from their independent, personal creations. These independent creators earned an estimated $5.9 billion in 2016 from their creations.

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Intellectual Property Policies for Solar Geoengineering

[Jesse Reynolds, Jorge Contreras and Joshua Sarnoff] Abstract: Governance of solar geoengineering is important and challenging, with particular concern arising from commercial actors’ involvement. Policies relating to intellectual property, including patents and trade secrets, and to data access will shape private actors’ behavior and regulate access to data and technologies. There has been little careful consideration of the possible roles of and interrelationships among commercial actors, intellectual property, and intellectual property policy.

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Behind the Number: A Review of Index Methodologies to Improve Innovation Measurement in Africa

[Islam Hassouna] Abstract: This paper reviews the methodologies of 16 indices in innovation, information and communication technologies, economic environment, governance, and development. It looks at the different techniques used by these indicators to aggregate data into a single number. The paper presents index structure, data, weighing of indicators, assessment, and ends with a focus on the measurement of innovation in the reviewed indices.

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Study Examines Copyright Permissions Culture in Software Preservation, Implications for Cultural Record

A report released today, The Copyright Permissions Culture in Software Preservation and Its Implications for the Cultural Record, finds that individuals and institutions need clear guidance on the legality of archiving legacy software to ensure continued access to digital files of all kinds and to illuminate the history of technology. The first product of an Association of Research Libraries (ARL) project funded by the Alfred P. Sloan Foundation, the report is based on extensive research and interviews with software preservation experts and other stakeholders. This research will inform a Code of Best Practices in Fair Use for Software Preservation to be published in fall 2018, and to be supported by webinars, workshops, online discussions, and educational materials. The Code will advance the mission of memory institutions to safeguard the digital record and promote research that engages it.

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Japan’s Emerging Role in the Global Pharmaceutical Intellectual Property Regime: A Tale of Two Trade Agreements

Authors: Belinda Townsend, Deborah Gleeson and Ruth Lopert. Abstract: This paper explores Japan’s role in reshaping the global pharmaceutical intellectual property regime by examining its position on the expansion of intellectual property rights (IPR) in negotiations for two regional trade agreements: the Trans Pacific Partnership Agreement (TPP) and the Regional Comprehensive Economic Partnership (RCEP). Through systematic analysis of leaked negotiating texts documenting its positions on key issues, we demonstrate Japan is now playing a pivotal role in promoting the adoption of expanded IPRs.

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Licenses: We Are Past Copyright

[Teresa Nobre] We have been arguing for quite sometime now that handing out the power to define the scope of users rights to right holders – in the form of license agreements that they can (almost unilateral) draft and frame as they wish – is bad. Really bad: licenses fragment the legal framework that mandatory exceptions try to harmonize; licenses contain abusive terms or impose obligations on users that are not foreseen in the laws; and licenses have a huge impact on national budgets. Unfortunately, this message has not come through to all, or not everyone understands what we are saying, or worse right holders have done a nice job in convincing lawmakers that’s the right way to go.

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My Comments to USTR for the 2018 Special 301 review

PIJIP’s research indicates that American firms operating overseas in industries that rely on copyright limitations enjoy better outcomes on average when our trading partners’ limitations are more open – defined as being open to the use of any type of work, by any user, or with a general exception that is open to any purpose subject to protections of the legitimate interests of right holders. Econometric research on both the activities of foreign affiliates of U.S. firms and service exports by U.S. firms illustrate this conclusion.  At the same time, firms in the more traditional “copyright sectors” (i.e. – music, movies, and printed media), do not seem to be negatively affected by greater balance and openness in copyright limitations.

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Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law

[João Quintais] Abstract: The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment.

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EIFL RESPONDS TO IRISH MARRAKESH CONSULTATION

[Electronic Information for Libraries] In December 2017, the Irish government issued a public consultation on transposition into national law of European Union (EU) Directive 2017/1564 implementing the Marrakesh Treaty for persons with print disabilities. Irish transposition of the Directive could serve as a model not only for other EU member states, but also for EU candidate countries and potential candidates.

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Civil Society Letter to NAFTA Negotiators: Do Not Undermine Access to Affordable Medicines

The following letter to the trade and health ministers of the NAFTA negotiating parties was signed by nearly 100 organizations concerned with health. A printable PDF of the letter, including a full list of endorsements, is available on the MSF Access to Medicines site.  Dear Ministers: As organizations concerned with health issues domestically and globally, we urge you to ensure that any renegotiation of the North American Free Trade Agreement (NAFTA) does not undermine access to affordable medicines.

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NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada

The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.

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New Policy Paper on the 2017 Review of Public Sector Information Directive

[Communia Association] Today COMMUNIA published a policy paper on the 2017 review of the Directive on Public Sector Information (PSI Directive). The Directive first came into effect in 2003, and was amended in 2013 to clarify that 1) PSI should be presumed to be “reusable by default,” 2) museums, archives, and libraries were subject to the Directive provision, 3) acquisition fees were limited to marginal costs of reproduction, and 4) documents were to be made available for reuse using open standards and machine readable formats.

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Australian Copyright Law Reform Update: A Lot to Celebrate and a Lot to Look Forward To

2017 was the year that Copyright was a gift that kept on giving in Australia as a raft of new copyright laws and regulations were finally passed after many years of dogged advocacy by the Australian Education sector. As we all know Copyright law reform takes a very long time, and the process can be disheartening and toxic but with armed with compelling evidence and arguments and tenacity, it is possible to achieve great results. This is important to keep in mind in the EU and other jurisdictions currently undergoing copyright law reform reviews. See below for more details in relation to the recent 2017 changes and what copyright law reform has in store for 2018.

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Scholars and Advocates Urge NAFTA Negotiators to Protect Free Speech Online

[Eric Goldman, Santa Clara University School of Law] Fifty-five Internet law experts and organizations have written a letter urging Canadian, Mexican, and U.S. trade negotiators to protect Internet businesses from being sued for content posted by others on their sites. The letter comes as representatives from the U.S., Mexico and Canada are working on changes to modernize the 23-year-old North American Free Trade Agreement, NAFTA.

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How Closed Trade Deals Ratchet Up the Copyright Term Worldwide

[Jeremy Malcolm] … differences in copyright term make things more complicated for copyright holders, there are constant efforts by some copyright holders to try to homogenize the duration of copyright so that they can more easily enforce their copyrights worldwide—and of course, they would like them to be harmonized at the life-plus-70 year term, so that they can extract another 20 years of monopoly rents, over and above the Berne Convention’s standard life-plus-50 year term. Trade agreements are one way that they are trying to achieve this.

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Captured Copyright Law

A new book by Brink Lindsey and Steven Teles, The Captured Economy, contains important insights on how the U.S. copyright system impedes economic growth and promotes income inequality in America. Lindsey, vice president of the Niskanen Center, describes himself as a libertarian. Teles, a professor of political science at Johns Hopkins University, describes himself as a liberal. Their basic thesis is that powerful corporations and professionals use government regulation to eliminate competition and increase their wealth, thereby promoting inequality and slowing economic growth. Intellectual property law is one of their case studies.

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