InfoJustice Roundup – February 26, 2019
Comment to the South African Parliament, re: Copyright Amendment Bill [B13B – 2017]
[Sean Flynn and Peter Jaszi] … We commend the Copyright Amendment Bill’s proposed introduction of an innovative, forward-thinking and South Africa-specific open general exception for “fair use.” The enclosed comments make the following main points: Fair use promotes innovation and free expression – as shown in the experience of other countries who have adopted it; The fair use provision, and the other limitations and exceptions in the bill, are fully compliant with the international “three step test”; The fair use clause will increase predictability under the law by adding an explicit fairness test; Experience in other countries does not support allegations that adopting fair use will increase litigation, shift burdens of proof onto copyright holders, decimate the publishing industry or authorize widespread piracy. Click here for more.
See also: Electronic Information for Libraries. EIFL expresses strong support for South Africa’s Copyright Amendment Bill, 2017, and urges timely adoption of the Bill. Link.
Faced with Unreasonable Medicines Prices, the Netherlands Introduces Pharmacy Exemption in Patent Law
[Ellen t’Hoen] On 1 February 2019, article 53(3), second sentence of the Dutch Patent Act 1995 came into force introducing a patent exemption for the preparation of medicines in a pharmacy. Article 53(1) of the Dutch Patent Act provides the usual list of exclusive acts reserved for the patent holder: to make, use, put on the market or resell, hire out or deliver the patented product, or otherwise deal in it in or for his business, or to offer, import or stock it for any of those purposes. The law now provides an exemption for pharmacy preparation to these exclusive acts. Click here for more.
A “Compromise” that Fails to Deliver – Our Overall Assessment of the Directive Remains Negative
On Wednesday the Council formally approved the trilogue compromise text of the DSM directive with only 5 Member States voting against the compromise. In a joint statement the Netherlands, Luxembourg, Finland, Italy and Poland sharply criticised the compromise: “We believe that the Directive in its current form is a step back for the Digital Single Market rather than a step forward… These criticisms are very much in line with our own assessment of the directive and it is unfortunate that the rest of the Member States have chosen to ignore them. Click here for more.
How Fair Use Helps in Saving Software
[Krista Cox] In conjunction with Fair Use/Fair Dealing Week 2019, the Association of Research Libraries (ARL) is releasing an infographic that illustrates how fair use helps people preserve software for teaching, learning, and research. Click here for more.
The Fight Over Spotify Launching in India Might Change Indian Copyright Law and Shape How Streaming Services and Labels Interact Worldwide
[Dani Deahl] Earlier today, Bloomberg reported that Warner Music Group had asked an Indian court to block Spotify from being able to play music from its catalog on the streaming service. Spotify is set to launch in India, even though it hasn’t secured a license to Warner’s catalog. But, according to Indian law, it might be able to use music from Warner’s publishing division, Warner/Chappell Music, anyway. At the crux of this lawsuit: a 2016 reinterpretation of a 2012 amendment to a 1957 law that Spotify is using in 2019 as leverage against Warner in a global licensing fight. Click here for the full story on the Verge.
New York City Advocates Call for Feds to “Break the Patent” on PrEP, a Lifesaving HIV Drug
[Clayton Guse] As the number of people in New York City living with HIV or AIDS continues to rise, local advocates are calling for the federal government to take steps to make the life-saving prevention drug PrEP more affordable. City Council Speaker Corey Johnson joined other politicians and activists at the city’s AIDS Memorial on Monday to demand that the National Institute of Health “break the patent” on the drug, which dramatically reduces the spread of the HIV virus. Click here for more on the New York Daily News website.
