Customizing Fair Use Transplants

[Peter Yu] Abstract: In the past decade, policymakers and commentators across the world have called for the introduction of copyright reform based on the U.S. fair use model. Thus far, Israel, Liberia, Malaysia, Singapore, South Korea, Sri Lanka, the Philippines and Taiwan have adopted the fair use regime or its close variants. Other jurisdictions such as Australia, Hong Kong and Ireland have also advanced proposals to facilitate such adoption. Written for a special issue on “Intellectual Property Law in the New Technological Age: Rising to the Challenge of Change?”, this article examines the increasing efforts to transplant fair use into the copyright system based on the U.S. model. Click here for more. 

La Ley Lleras Continúa

[Carolina Botero] El lunes 2 de octubre, la Dirección Nacional de Derecho de Autor citó a Karisma y a otros actores interesados para socializar la nueva versión del proyecto de ley de reforma al derecho de autor, que se presentará al Congreso para cumplir obligaciones TLC relacionadas con derecho de autor. Les dejo mis primeras impresiones sobre el texto. Click here for more. 

The European Parliament Should Be Talking About DRM, Right Now!

[Teresa Nobre] The European Union is currently discussing a reform of its copyright system, including making mandatory certain copyright exceptions, in order to introduce a balance into the system. However, no one, except Julia Reda, is paying any attention to one of the biggest obstacles to the enforcement of copyright exceptions in the digital age: technological protection measures (TPM), including digital rights management (DRM). In this blogpost we will present the reasons why the European Parliament should not lose this opportunity to discuss a reform of the EU anti-circumvention rules. Click here for more.

Department Repeats Mistakes of Others In Bid to Alter Copyright Law

[Andrew Rens] The parliamentary portfolio committee on trade and industry is debating a bill to amend the 1978 Copyright Act. The bill, which originated with the Department of Trade and Industry, is intended to give legacy industries such as publishing and civil society institutions such as libraries at least some of the concession they have sought for years, sometimes decades. While the issues at stake are clearly of paramount national importance and not always easy to resolve, the resulting bill is a backward-looking amalgam of provisions poorly aligned with the National Development Plan. Click here for the full op-ed on the Business Day website. 

Little Evidence to Support WIPO’s Formula “IP = Innovation = Development”

[K.M. Gopakumar] There is little evidence to support WIPO’s approach of asserting intellectual property as a central piece of innovation, says Professor Carlos Correa, Senior Advisor at South Centre. Prof. Correa, a renowned IP expert, was speaking at a side event on the “Future of WIPO’s Development Agenda”, organised by the South Centre, in conjunction with the meetings of the WIPO Assemblies (2-11 October) in Geneva. Click here for more.

EIFL Marrakesh Guide Launches in Spanish

[Electronic Information for Libraries] EIFL is delighted to announce that our popular library guide to the Marrakesh Treaty for persons with print disabilities is now available in Spanish, bringing to eight the total number of languages for the guide. The Marrakesh Treaty, which entered into force in September 2016 with respect to those countries that have ratified the treaty, gives organizations like libraries the right to reproduce printed works in accessible formats like braille and audio, and to exchange these works across national borders. EIFL has been a strong advocate for ratification of the Marrakesh Treaty and its implementation into national law. Click here for more.