Does ‘Lending’ Include E-Lending? Yes, Says Advocate General Szpunar
[Tito Rendas] Abstract: In the context of national proceedings opposing the Dutch Association of Public Libraries and the collective management organization Stichting Leenrecht, the District Court of The Hague referred a question about the interpretation of articles 1(1), 2(1)(b), and 6(1) of the Rental and Lending Rights Directive (Directive 2006/115). The fundamental question currently pending before the CJEU is whether the Directive’s notion of “lending” should be interpreted as including e-lending services. Advocate General Szpunar advised the CJEU to answer in the affirmative. Click here for more.
Rep. Schakowsky, Sens. Brown and McCain Introduce PRICED Act to Speed Generic Competition for Biologic Drugs
[Mike Palmedo] Jan Schakowsky and U.S. Sens. Sherrod Brown and John McCain introduced H.R. 5573; the Price Relief, Innovation and Competition for Essential Drugs (PRICED) Act. As reported on congress.gov, the bill would “amend the Public Health Service Act to shorten the exclusivity period for brand name biological products from 12 to 7 years.” (The full text has not yet been uploaded.) This would allow generic firms to enter the market sooner, pulling down prices through competition. A press release by Rep. Schakowsky notes that the legislation has been endorsed by a number of large civil society groups, including AARP, and the AFL-CIO. Click here for more.
Fictional Claims: Why Kids Are Not Suffering With Canada’s Copyright Fair Dealing Rules
[Michael Geist] In recent weeks, there has been some media coverage claiming that Canadian educational materials are disappearing in the face of copyright fair dealing rules. For example, several weeks ago, Globe and Mail writer Kate Taylor wrote a column on copyright featuring the incendiary headline that “Kids Will Suffer if Canada’s Copyright Legislation Doesn’t Change.” This week, the CBC provided coverage of a writer’s conference panel with a piece titled “Copyright-free material edging out Canadian texts” that speaks of sales falling off a cliff. Click here for more.
Taylor Wessing International IP Index, Based on Surveys of IP Owners, Ranks U.S. #24 Out of 43 Countries
[Mike Palmedo] … Today I came across James Nurton’s post on the Managing IP Blog about the multinational law firm Taylor Wessing’s Global Intellectual Property index (GIPI). This comparison of countries’ IP protection ranks the U.S. at 24 out of 43 – tied with Chile and occupying a neighborhood in the list among other countries the U.S. has accused of inadequate IP protection. The difference between the “International” and “Global” IP Indexes is based on what each measures. Not only does the latter’s focus on survey respondents’ priorities account for the difference in the American ranking, it also suggests that the focus of some IP advocacy does not always reflect what people who rely on IP deem important. Click here for more.
DRAFT Industry Guidelines to Respect Copyright and Free Speech
[Emily Laidlaw] We are pleased to publish draft guidelines for copyright owners and intermediaries for respecting the right to freedom of expression as it relates to copyrighted works. The relationship between copyright law and freedom of expression has always been controversial, but this tension has deepened in recent years with the rapid growth in prominence of digital technologies (e.g. online access to creative works) and the extension of copyright law (e.g. longer terms, control over end user activities). Businesses and intermediaries come under increasing pressure, in public debate, to assess the balance between free speech and other rights, such as copyright and freedom to conduct business. Click here for more on create.ac.uk.
Wide Education Exception Is the Best Case Scenario to #Fixcopyright in EU
[Anna Mazgal]The education exception benefits teachers, students, and researchers who need access to all types of educational and informational resources that are often protected by copyright. This exception balances the right to education with the rights of authors. Maintaining the balance is never easy, and some issues still await their interpretation in Estonia. Still, Estonia enjoys the widest education exception provisions among all EU member states. Within the Best Case Scenarios for Copyright series, we present Estonia as one of the best examples for education. Below you can find the basic facts and for more evidence check the Best Case Scenario for Copyright – Education in Estonia legal study. EU, it’s time to #fixcopyright! Click here for more.