Defending Noncommercial Uses: Great Minds v Fedex Office
[Diane Peters and Michael Carroll] … In this case, Great Minds claims that FedEx Office violated the terms of the [Attribution-NonCommercial-ShareAlike 4.0 license] BY-NC-SA license Great Minds applied to educational materials when FedEx Office copied material at the direction of school districts for non commercial use in classrooms. While it is undisputed that the use of these materials by public school districts is non commercial (as defined in the CC license), the claim against FedEx Office is that it cannot make copies for the school districts—even if it does so at the direction of the school districts and solely in service of that permitted NC use. CC disagrees with this interpretation and has requested permission to explain to the court why the license clearly allows this activity under these circumstances. Click here for more.
One Step Forward, No Steps Back: National Ratification Needs to Respect the Objectives of the Treaty of Marrakesh
[International Federation of Library Associations] The signing of the Treaty of Marrakesh in 2013 was a first step towards providing access to knowledge for some of the most vulnerable in society. It offers a response to the book famine that people with print disabilities have long faced. However, IFLA is concerned that when ratifying the Treaty, some countries risk introducing new barriers to access. This is completely contrary to the spirit of Marrakesh. Click here for more.
Copyright’s Digital/Analog Divide
[Matthew Sag] Abstract: This Article shows how the substantive balance of copyright law has been overshadowed online by the system of intermediary safe harbors enacted as part of the Digital Millennium Copyright Act (“DMCA”) in 1998. The Internet safe harbors and the system of notice-and-takedown fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims of copyright infringement. These different incentives interact to yield a functional balance of copyright online that diverges markedly from the experience of copyright law in traditional media environments. This article also explores a second divergence: the DMCA’s safe harbor system is being superseded by private agreements between rightsholders and large commercial Internet platforms made in the shadow of those safe harbors. Click here for more.
A Prescription for Excessive Drug Pricing: Leveraging Government Patent Use for Health
[Hannah Brennan, Amy Kapczynski, Christine H. Monahan, and Zain Rizvi] Abstract: High drug prices are creating serious health and fiscal problems in the United States today. This reality is vividly illustrated by recently approved medicines to treat Hepatitis C. These new medicines can cure nearly everyone with this potentially fatal infection and may even enable the elimination of this disease. But the drugs’ sticker price — close to $100,000 — has meant that very few patients who could benefit from them can access them. This Article describes an approach, available under existing law, to bring about transformative reductions in the prices of these medicines, at least for federal programs and possibly beyond. Click here for more.
‘Reclaim Invention’ for the Benefit of Everyone
[Timothy Vollmer] The vision of the Creative Commons project is universal access to research and education, and full participation in culture to drive a new era of development, growth, and productivity. Collaboration, sharing, and co-operation are in our nature — building community, co-operating towards common goods, and creating shared benefits are at the heart of who we are. But we know there’s a lot of failed sharing too, including missed opportunities, openwashing, and legal loopholes that permit individuals to take advantage of those who wish to share. Today the Electronic Frontier Foundation is launching Reclaim Invention, a project that calls for reforms to the sharing of technologies developed within universities. The first step in the project is to get universities to stop selling inventions to patent trolls. Click here for more.
Bad News in Leaked EU Copyright Directive
[Javier Ruiz] Several documents have been leaked from the European Commission providing a clear picture of the proposed reforms to copyright that will be presented later in the year. The picture is quite negative as the proposals range from the timid to the openly regressive, such as the introduction of a new ancillary right for news publishers. Several key initiatives have been dropped, including changes to the current exceptions for freedom of panorama that allow taking the pictures of public art and buildings. Click here for more.