The Decline of Online Piracy: How Markets – Not Enforcement – Drive Down Copyright Infringement
[João Quintais and Joost Poort] Abstract: This article… combines different sources and empirical methods, including consumer surveys among nearly 35,000 respondents and comparative legal research. Our main conclusion is that online piracy is declining. The key driver for this decline is the increasing availability of affordable legal content, rather than enforcement measures. Where the legal supply of copyright-protected content is affordable, convenient and diverse, consumers are willing to pay for it and abandon piracy. Click here for more.
Are Fair Use Provisions in the SA Copyright Amendment Bill Far Broader Than in the US?
[Denise Nicholson] Opponents of the South African Copyright Amendment Bill claim that the fair use provisions in Section 12 of the Bill far exceed those of the U.S. They state that if the Bill is signed by the President, it will be the only country in the world with such extensive rights for users. They warn, as part of their ongoing media campaigns and at seminars, that this will be ‘extremely catastrophic’ for authors and publishers in South Africa, and that foreign investors will no longer invest in the creative industries in South Africa. This is an exaggeration and fear-mongering at its best. Click here for more.
See also: Denise Nicholson. Does the South African Copyright Bill Promote Plagiarism? (Link)
China’s Innovative Turn and the Changing Pharmaceutical Landscape
[Peter Yu] Abtract: …Since the mid-2000s, China has taken an innovative turn that has serious ramifications for the global pharmaceutical landscape and future issues lying at the intersection of intellectual property and public health. To be sure, many policymakers and commentators still focus unduly on the problems in the Chinese intellectual property system. Notable recent examples include the Trump administration’s Section 301 reports and the United States’ second complaint against China for violating the WTO TRIPS Agreement. Nevertheless, it is time that policymakers and commentators paid greater attention to the changing Chinese pharmaceutical landscape and its many ramifications. Click here for more.
Intellectual Property Norm-Building: Some Reflections on the Interplay Between the National and International Dimensions
[Wend Wendland] … International IP instruments are usually developed “bottom up”, which is to say that they build upon and harmonize those existing national regimes that are regarded as successful and representative of widespread practice. At least when they are first adopted, international IP instruments are often not too detailed and prescriptive, leaving policy space for national implementation. The negotiations so far in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the WIPO IGC), are more “top down” than “bottom up”, at least on traditional knowledge (TK) and traditional cultural expressions (TCEs). This is because national regimes are relatively recent and few in number, and experiences with them so far are inconclusive. The “top down” nature of the IGC may be one of the reasons that its progress has been slow so far. Click here for more.
Former USTR Official: USMCA Can Be Amended If US Wants to Pass a Law Violating Its Obligations
[Mike Palmedo] Former Deputy U.S. Trade Representative Mariam Sapiro has written a memo for the Pass USMCA Coalition arguing that the U.S.-Mexico-Canada Agreement (USMCA) would not prevent a future Congress from shortening the period of marketing exclusivity granted to new biologic medicines in the U.S. She argues that the countries could amend the agreement if the U.S. wanted to pass a law in violation of its current obligations. Click here for more.
Legal Challenges for Online Digital Libraries
[Argyri Panezi] Abstract: Libraries have traditionally played a central role in collecting and organizing material and giving wide access to culture and knowledge. Does the existing copyright framework provide enough space for online digital libraries to claim an equivalent central role in the online space? This article explores the legal challenges for online digital libraries’ collection building. Click here for more.
WEBCAST TONIGHT: Moving Towards a New Copyright Bargain – Lecture by Rebecca Giblin
[PIJIP Events: September 3, 2019 | 6:00pm EST] Copyright laws are beset from every angle. They’re criticized for failing to recognize and reward creators, for blocking new forms of creativity, for limiting access to knowledge and for causing culture to be lost. Copyright’s fundamental structures were settled before the digital era, but are cemented in by outdated and effectively unamendable treaties. In this public lecture, Associate Professor and ARC Future Fellow Rebecca Giblin will illuminate a path forward to a new copyright bargain: one that, by taking authors’ interests seriously, would simultaneously reclaim lost culture, promote access to knowledge and help authors get paid – all within those unamendable treaty frameworks. Click here for more info, or to view the webcast.
USTR Seeks Comments for Annual Report on Foreign Trade Barriers
[Mike Palmedo] The U.S. Trade Representative has called for comments for the National Trade Estimate Report on Foreign Trade Barriers (NTE). The report, published each year “sets out an inventory of the most significant foreign barriers affecting U.S. exports of goods and services, including agricultural commodities, U.S. intellectual property, U.S. foreign direct investment by U.S. persons, especially if such investment has implications for trade in goods or services, and U.S. electronic commerce.” Click here for more.
