Copyright Board Ruling Strikes Fair Balance in Heated Education Fight
[Michael Geist] The role of copyright within the Canadian education system has emerged as a contentious issue in recent years as the Internet and digital technologies have transformed how schools provide students with access to materials. At the centre of the fight are a series of Supreme Court of Canada rulings that establish the boundaries of “fair dealing”, which permits copying of reasonable portions of materials without the need for permission or further compensation. My weekly technology law column (Toronto Star version, homepage version) notes that last month, the Copyright Board of Canada issued a landmark decision on copying practices in primary and secondary schools, largely affirming the approach adopted by educational institutions. As a result, Access Copyright, the copyright collective that represents publishers and authors, will collect far less for in-school copying than it originally demanded. Click here for more.
Fueling the Affordable Smartphone Revolution in India
[Anubha Sinha] … To date, there has been no formal, theoretical or evidentiary investigation on the emergence of smartphones as an Access-to-Knowledge good. In the following sections, I will attempt to explain the smartphone’s dependence on an enabling legal framework and effective innovation systems (Sheaver, 2007). It must be borne in mind that globally, discussions affecting access to knowledge have aimed at creating balanced and inclusive systems related to intellectual property (Kapczynski & Krikorian, 2010). Therefore, the essay will focus on: first, the relationship between constituent mobile technologies and intellectual property as a function of production/deployment of smartphones in India; and second, the relationship between innovation and access. Click here for more.
More Ancillary Copyright Madness: French Proposal to Tax Websites for Using Image Thumbnails to Illustrate Search Results
[Paul Keller] We spend a lot of effort pointing out that additional copyright, like rights for specific groups of rights holders, are a problematic concept that has potential to cause a lot of damage to the Public Domain. Most of our coverage has focused on efforts to establish an ancillary copyright for press publishers. We have seen the introduction of such rights first in Germany and then in Spain in recent years, and in both cases the legislators have failed to reach their objective. Especially in In Spain the newly introduced rights have caused so much collateral damage that the news publishers themselves (who were supposed to be the beneficiary) have come out against the concept of an ancillary copyright. Click here for more.
Court Rules Copyright Is Infringed by 8 Second Video Clips
[Andres Guadamuz] How much do you need to reproduce a video or broadcast in order to infringe copyright? In the age of Vine, Periscope and animated gifs, this question has become more important than ever. We now may have a partial answer in the case of England And Wales Cricket Board Ltd v Tixdaq Ltd. The claimants in the case are Sky and the E&W Cricket Board (EWCB), which own the copyright in most live cricket broadcasts. The defendants operate the website Fanatix, which offers sport news, video and commentary. Fanatix’s users uploaded a considerable amount of 8 second cricket clips to the Fanatix companion app, and these were also available in other social media operated by the defendants. Click here for more.
UN High-Level Panel: Ideas For Change To Global Health And IP System Proliferate
[William New and Catherine Saez] Public health advocates, academics, patients, governments and others this week presented further ideas to the United Nations Secretary-General’s High-Level Panel on Access to Medicines on ways to break the longstanding pattern of expensive medical products around the world as a way to pay for research and development. The second public dialogue of the High-Level Panel took place in Johannesburg, South Africa on 17 March, a day after closed-door meetings with a range of experts who submitted written comments to the panel. A first public dialogue was held in London last week. Click here for more.
Patent Pledge: Caving in on Compulsory Licensing?
[Shamnad Basheer] Caving in on compulsory licensing? And pledging away public health safeguards? If the Indian governments’ alleged under-the-table assurance to USIBC (and other US industry groups) that it will not invoke compulsory licenses (CL’s) anymore (save for public non-commercial use) is truly true, then we have a lot to worry about! Particularly since a compulsory licensing determination vests largely in the control of the Controller (of Patents), a functionary fully beholden to the government…..those that struck a different chord such as Bullet Kurian got the boot in no time! Click here for more.
Creative Commons Turkey Joins the CC Affiliate Network
[Gwen Franck] Last week, on March 11 2016, Creative Commons Turkey was officially launched during an event at Özyeğin University in Istanbul. Creative Commons is extremely proud and happy to have CC Turkey join the affiliate network, and we want to congratulate the whole team for their efforts over the last year to accomplish this. We hope and expect that the CC Turkey team will play a pivotal role in the region, and we are looking forward to working with them on the translation of the licenses into Turkish and for the organisation of CC-related events! Click here for more.