Time to #Fixcopyright and Free the Panorama Across EU
[Anna Mazgal] Freedom of panorama is a fundamental element of European cultural heritage and visual history. Rooted in freedom of expression, it allows painters, photographers, filmmakers, journalists and tourists alike to document public spaces, create masterpieces of art and memories of beautiful places, and freely share it with others. Within the Best Case Scenarios for Copyright series we present Portugal as the best example for freedom of panorama. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Freedom of Panorama in Portugal legal study. Click here for more.
Civil Society Letter to Countries Negotiating Regional Comprehensive Economic Partnership (RCEP) Before the Auckland Round of Negotiations
[Letter sent by 38 Civil Society Groups to all RECP Countries] As civil society organisations concerned with access to medicines, to educational resources, to environmentally sound technologies (ESTs), and to other public goods and cultural creations and further concerned with farmers’ rights, food security and industrial development, we call on countries negotiating the RCEP agreement and to protect the flexibilities available under the WTO TRIPS agreement for Least Developed Countries (LDCs). In terms of impact, RCEP will cover nearly 50% of the world’s population – including the most vulnerable, marginalised and impoverished – such as people living in Least Developed Countries (LDCs). Click here for more.
Growing Coalition Opposes California Exerting Copyright Over Public Records
[Ernesto Falcon] California’s A.B. 2880 will give government agencies the power to put copyright restrictions on their work. That means state bureaucrats will be able to wrap their reports, research, e-mails, and even videos of public meetings in onerous legal restrictions, backed by federal lawsuits and six-figure penalties. The bill would change California from one of the most open state governments to one of the least open. EFF opposed the bill and explained its dangers to the State Assembly …Unfortunately, the Assembly took up and passed an amended version of the bill that resolved almost none of its problems. Click here for more.
Safeguards for Defendant Rights and Interests in International Intellectual Property Enforcement Treaties
[Kimberlee Weatherall] Abstract: This paper explores how international intellectual property (IP) law protects the rights and interests of defendants in IP enforcement procedures. It offers a mapping and analysis of a range of procedural safeguards and limits to remedies found in the international legal framework governing IP enforcement. These include general principles, like the requirement that enforcement measures be fair and equitable and that procedures provide for safeguards against abuse. There are also detailed rules regarding the availability of remedies and the considerations relevant to the making of court orders, and specific in-built protections and rules that directly protect the interests of defendants in legal proceedings. This paper maps the development of safeguards over time, with a focus on international instruments involving the US. Click here for more.
Permissibility of Non-Voluntary Collective Management of Copyright Under EU Law: The Case of the French Law on Out-of-Commerce Books
[Oleksandr Bulayenko] Abstract: The possibility of the EU member states to adapt copyright legislation to new circumstances and to address unforeseen issues is limited by the list of exceptions and restrictions of the InfoSoc Directive. In spite of this constraint, the EU copyright framework provides for a possibility of introduction of non-voluntary forms of collective rights management that can help to tackle some of the contemporary problems with remuneration and access. This article is an attempt to deepen the understanding of non-voluntary collective management and its possible use. Click here for more.
