Global Network on Copyright User Rights: Model Flexible Copyright Exception

Primary Documents

Letters and Submissions, re: Changes to Copyright Law

Letter to Colombian Government re: Proyecto de Ley “Por la cual se modifica la Ley 23 de 1982 y se adiciona la legislación nacional en materia de derecho de autor y derechos conexos”
Submission to Australian Productivity Commission in response to PWC Report on Costs and Benefits of Fair Use, Apr 2016
Submission to New Zealand Government on the Implementation of the Trans-Pacific Partnership Intellectual Property Chapter, Apr 2016
Letter to the Senate Education and Culture Committee of the Uruguayan Parliament, re: BIT Provisions. Mar 2016
Legal Academics’ Letter to South Africa re: Copyright Reform, Mar 2015
Letter to Colombian Leaders on Copyright Legislation, Jul 2013.
Profs. Sag, Hinze, and Jaszi Submission to ALRC, July 2013
Global Congress Declaration on Fundamental Principles for International IP Negotiations, Dec 2013
Statement on US Proposal for TPP Limitations & Exceptions Clause, Aug 2012
Washington Declaration on IP and the Public Interest, Sep 2011

Publications by Network Experts

Further Resources/Analysis

Join or Contact the Network

The Global Network on Copyright User Rights is a group of copyright experts from around the world assembled to generate policy options and expert guidance on the protection of users’ rights through flexible limitations and exceptions in national copyright laws.

The objective of the Network was originally framed in the Washington Declaration on Intellectual Property and the Public Interest which called for “discussion of employing ‘open-ended’ limitations in national copyright legislation, in addition to specific exceptions.”

The Primary Documents were drafted through a year-long consultative process with the Network’s founding members (below). The Model Flexible Copyright Exception is designed to be adaptable in general form to most copyright laws – including those in common and civil law systems. The core of the proposal is a general balancing test that could be added as a general clause to any existing list of limitations and exceptions. The second part of the model provides a more specific set of balancing factors that could be adopted in addition to the general clause to give guidance in its interpretation and implementation.

Appendix I identifies a long list of Presumptively Lawful Uses created through a survey of limitations and exceptions included in many copyright laws around the world. Appendix II provides examples of flexible exceptions from existing copyright laws or proposals from around the world. Appendix III provides some short responses to frequently asked questions about flexible copyright exceptions.

The network has also engaged in subsequent research, analysis and technical assistance — some of the products of which are posted in the Additional Resources section below the Primary Documents.

JOIN OR CONTACT THE GLOBAL EXPERT NETWORK ON COPYRIGHT USERS’ RIGHTS

The Users’s Rights Network will continue to provide guidance and information to advocates and government officials in countries undergoing copyright reform.

JOIN: If you are a copyright expert or advocate interested in being part of the network, please fill out this very short form.

CONTACT: If you are an advocate or government official interested in receiving technical assistance form the network, email your inquiries to pijip@wcl.american.edu

GLOBAL EXPERT NETWORK ON COPYRIGHT USERS’ RIGHTS FOUNDING MEMBERS: