Right to Research in International Copyright Law – Call for Research Proposals

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation on social media. Other technologies make it possible to access the materials of libraries, archives and museums from afar – an especially necessary activity during the COVID pandemic. But these and other research activities may require reproduction and sharing of copyright protected works, including across borders. There is a lack of global norms for such activities, which may contribute to uncertainty and apprehension, inhibiting research projects and collaborations. We seek to partner with researchers interested in exploring the means and ends of recognizing a “right to research” in international copyright law. In our initial conception, there are at least three overlapping dimensions to the concept. Click here for more.

Upcoming Webinars:

  • Apr 1 |11:00am EDT | 15:00 UTC. Christophe Geiger and Bernd Justin Jütte. Platform Liability Under Article 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights. Link.
  • Apr 2 | 10:00am EDT | 14:00 UTC. Sarah Burstein. Whole Designs. (Registration required) Link.
  • Apr 2 | 3:00pm EDT | 19:00 UTC. Alexander Dent and Joe Karaganis. Digital Pirates: Policing Intellectual Property in Brazil.  (Registration required) Link.

COVID-19 as an Example of Why Genomic Sequence Data Should Remain Patent Ineligible

[Jorge Contreras] Abstract: The researchers who determined the genomic sequence of the SARS-CoV-2 virus did not seek to patent it, but instead released it in the publicly-accessible GenBank data repository. Their release of this critical data enabled the scientific community to mobilize rapidly and conduct research on a range of diagnostic, vaccine, and therapeutic applications based on the viral RNA sequence. Had the researchers sought patent protection for their discovery, as earlier research teams had during the SARS, H1N1 and H5N1 outbreaks, global research relating to COVID-19 would have been less efficient and more costly. Click here for more.

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?

[Ariel Katz] Abstract: According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian fair dealing doctrine (or that of other Commonwealth countries): while American fair use can apply potentially to any purpose, fair dealing could only apply to the explicit purposes enumerated in the statute. Accordingly, the argument goes, fair dealing cannot apply to dealings for unenumerated purposes no matter how fair they might be. This conventional wisdom is false. Click here for more.

More Talk, No Action: Australia’s Approach to Trade Rules Restraining Vaccine Production

[Deborah Gleeson] …Australia has gifted 8,000 doses to Papua New Guinea, and vowed to help the nation of almost 9 million secure 1 million more. Earlier this month Australia agreed to work with the US, India and Japan to provide 1 billion vaccines to poorer countries in the Asia-Pacific. It is also supporting COVAX, the global program aiming to buy and distribute 2 billion COVID-19 vaccine doses to developing nations by the end of 2021. But all this could be negated through Australia’s potential spoiling role (with a handful of other countries) against a proposal supported by 118 countries to ramp up vaccine production by relaxing the trade rules governing intellectual property. Click here for more.

Why Innovation Would Survive a Covid-19 TRIPS Waiver

[Rachel Thrasher] Intellectual property protection has played an important role in this pandemic. As some have pointed out, without legal protection for innovative ideas, there may not have been such a rapid response to the pandemic – both in terms of testing/ treatment and, most recently, vaccines… Nevertheless, India and South Africa initiated a proposal in October that is gaining traction among like-minded World Trade Organization (WTO) members. This proposal would temporarily suspend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement) for products related to COVID-19, including vaccines. What began with a handful of nations has now reached a majority, with 57 national sponsors of the proposal, and over 60 WTO members who are in support. Click here for more on IPWatchDog.com.

Over 250 Civil Society Organizations & Researchers Join Call in Support of TRIPS Waiver

[D. Ravi Kanth] Amidst a likely COVID-19 vaccine trade war between the European Union and the United Kingdom, more than 250 organizations and prominent researchers have joined the battle in support of a temporary TRIPS waiver at the World Trade Organization in fighting the worsening pandemic that has already claimed more than 2.7 million lives globally. Click here for more on twn.my.

Letter from 20 Civil Society Groups to USTR Promoting a Balanced Copyright Policy to Benefit All Americans

Dear Ambassador Tai: Congratulations on your confirmation as United States Trade Representative. We write to request that the Biden-Harris Administration return to the Obama-Biden Administration policy of protecting and promoting fair use rights in international copyright policy. The Trump Administration abandoned this policy, and took the contrary position of pressuring countries such as South Africa to abandon fair use proposals. The undersigned organizations, representing consumers, librarians, archivists, educators, and creators, urge this Administration to once again prioritize fair use as an engine of equity. In particular, the United States should praise, not punish, other countries that seek to incorporate fair use in their national copyright laws. Click here for more.