Copyright and the Progress of Science: Why Text and Data Mining Is Lawful
[Michael Carroll] Abstract: This Article argues that U.S. copyright law provides a competitive advantage in the global race for innovation policy because it permits researchers to conduct computational analysis — text and data mining — on any materials to which they have access. Amendments to copyright law in Japan, and the European Union’s recent addition of limitations on copyright to legalize some TDM research, implicitly acknowledge the competitive benefits provided by the fair use provision of U.S. copyright law. Click here for more.
WIPO Director General Election: A New Era For Global IP
[William New] As World Intellectual Property Organization members gather this week to nominate one candidate to lead the organization for the next 6 years, many are urging a look past politics to see candidates for the skills and abilities they bring. But with six highly qualified candidates, and the advantage for countries of holding what is seen as a plum global post, members are likely feeling pressure over their votes. Click here for more.
Germany Sets Bad Example with the Proposed Implementation of the New Education Exception
[Teresa Nobre] A few weeks ago, the German government shared its proposal for the implementation of some of the provisions of the new Copyright in the Digital Single Market Directive, including the new EU education exception (Article 5 in the final version of the Directive). Similarly to what we did with the Dutch proposal, we will provide here an overview of the German proposal to implement locally the new exception. This is part of our effort to track how countries across Europe implement this mandatory exception to copyright for educational purposes. Click here for more.
Post-Hearing Statement to USTR, re: Generalized System of Preferences Review of South Africa
[Sean Flynn and Peter Jaszi] This statement provides additional information in regard to the complaint by IIPA against South Africa in both the GSP docket… As explained by the many participants in the public hearing, all of the issues complained about in the Copyright Amendments Bill (CAB) have analogues in U.S. law or in the law of other countries that have not been challenged by the U.S. (including in the Special 301 process or in any WTO or other trade forum). Accordingly, sanctioning South Africa for these rules would lack a “general” basis and could also be considered arbitrary and capricious under the Administrative Procedures Act. Click here for more.
Overview of 2020 Special 301 Hearing
[Mike Palmedo] Last week, the Interagency Trade Policy Staff Committee chaired by the U.S. Trade Representative (USTR) held its hearing for the 2020 Special 301 Review… All of the documents associated with the investigation, including the request for comments, submissions from industries and countries, etc. and hearing statements are available at https://www.regulations.gov/docket?D=USTR-2019-0023. A transcript of the hearing will be posted on the docket within the two weeks. Below are some notes on the hearing. Click here for more.
The Case for a Free or Inexpensive Coronavirus Vaccine
[Deborah Levine] On Wednesday, Alex Azar, President Donald Trump’s secretary of health and human services, testified that he could not guarantee that a covid-19 vaccine would be made available to all Americans who need it. “We would want to ensure that we work to make it affordable,” he said, “but we can’t control that price, because we need the private sector to invest. The priority is to get vaccines and therapeutics. Price controls won’t get us there.” Click here for the full story on TheEagle.com
