On December 2, Wits University hosted a Copyright Indaba where IP experts, academics, authors, creators and other stakeholders debated the issues around the constitutionality of the Copyright Amendment Bill. ReCreate South Africa has posted the following videos of the event.
Read More[Teresa Nobre] Last week, we launched our Guidelines for the Implementation of the DSM Directive. This is part of a series of blogposts dedicated to the various provisions analysed in our guidelines. Today we give a quick explanation of the new exclusive right granted to EU press publishers by the new Copyright Directive.
Read More[IFLA] Modern creative industries have, to a large extent, built themselves on the basis of copyright. Their business models depend on having – or acquiring – rights to sell or use content, which they can then sell in exchange for remuneration. These rights are what lies behind the need to pay for initial access to a work. They are also the reason why, once a library or other user has legitimately bought or licensed a work, they may also need to pay extra in order to make certain uses of it… These payments can represent a source of revenues for creators and publishers. However, they also represent a cost to users.
Read More[Knowledge Commune] The Constitutional Court of Korea upheld Art. 29(2) of the Copyright Act as constitutional. The Art. 29(2) permits a public performance of commercial phonograms and audiovisual works if no profit is received in return from audience, excepting cases as prescribed by the Presidential Decree. This provision has long been under attack by music industries and European Commission.
Read More[Jacob Flynn, Rebecca Giblin, and François Petitjean] Copyright’s underuse hypothesis is simple: that, unless publishers are assured of exclusive rights in older works, they won’t continue to invest in making them available. This of course contradicts a core tenet of classical economic theory, that investors will continue to produce copies of books (or anything else) so long as they can expect to get back more than they put in… We have now carried out the first international test of the underuse hypothesis – across the US, Canada, Australia and New Zealand. And, since we were analysing availability of works across jurisdictions, that enabled us, also for the first time, to examine how the availability of identical works differed according to copyright status.
Read More[Communia Association] We are thrilled to release our Guidelines for Implementation of the DSM Directive. These guidelines explain different provisions of the new Copyright Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States. They are aimed at local advocates and national policy makers, and have the general objective of expanding and strengthening user rights at a national level beyond what is strictly prescribed by the new Directive.
Read More[International Federation of Library Associations] A major advance in the most recent European copyright reform has been the inclusion of a ‘contract override’ provision for most of the new copyright exceptions. This addresses the problem that thanks to the principle of freedom of contract, libraries can often find themselves with fewer possibilities to allow for access to, and use of, a work than the law suggests.
Read More[Electronic Information for Libraries] In a letter to Cyril Ramaphosa, President of the Republic of South Africa, EIFL urged the President to sign into law the long-awaited Copyright Amendment Bill without delay. The Bill, amending the 1978 Copyright Act, was approved by the legislature in March 2019 and awaits the Presidential assent. The Bill introduces new exceptions for libraries, education and people with disabilities, and brings copyright rules in South Africa into the digital age.
Read More[Electronic Information for Libraries] …During the SCCR/39 session, and at the International Conference, three core issues emerged from the discussions: 1) there was clear recognition that L&Es are intrinsic to a balanced copyright system; 2) there was wide acknowledgement that copyright laws in many countries are falling behind in the digital age, and 3) there was emerging consensus on the urgent need to support preservation and access to cultural heritage, a core public interest activity of libraries, archives and museums.
Read More[Sign on document circulated by IViR, University of Amsterdam] On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. Article 17(10) tasks the Commission with organising stakeholder dialogues to ensure uniform application of the obligation of cooperation between online content-sharing service providers (OCSSPs) and rightholders, and to establish best practices with regard to appropriate industry standards of professional diligence. This document offers recommendations on user freedoms and safeguards included in Article 17 of the DSM Directive – namely in its paragraphs (7) and (9) – and should be read in the context of the stakeholder dialogue mentioned in paragraph (10).
Read More[Zeynep Varoglu] There is good news on the UNESCO Recommendation on Open Educational Resources process: UNESCO Member States, at the CI Sector Commission of the General Conference, recommended the adoption of the UNESCO OER Recommendation draft by the Plenary Session of the 40th General Conference next week.
Read MoreMonrovia, Liberia, 18th November 2019 — More than 90 civil society organisations are today calling for urgent reform of the Harare Protocol of the African Regional Intellectual Property Organization (ARIPO) in order to ensure people have access to more affordable medicines. The organisations demand that Ministers representing ARIPO Member States — who are meeting for the ARIPO Administrative and Ministerial Councils from 18 to 21 November in Liberia to change how they grant patents on medicines, in order to promote cost cutting generic competition.
Read More[International Federation of Actors; International Federation of Musicians; and UNI – Media, Entertainment & Arts] We are writing to you as it has become apparent that several international industry federations in the publishing, music and audiovisual sector have approached you with scaremongering letters to avert your approval of a much-needed reform in South Africa, including vital provisions to enhance the livelihood of professional performers and authors. We want you to know that we strongly disapprove of this initiative.
Read MoreThe Karisma Foundation, hosts of the 2020 Global Congress on Intellectual Property in the Public Interest, has announced the dates: August 13-15, 2020. The Congress will be held at the Hilton Hotel, El Laguito, in Cartagena, Colombia.
Read More[Communia Association] On Tuesday this week the participants of the stakeholder dialogue on Article 17 of the EU copyright directive convened in Brussels for the second meeting. After a first meeting that focused on practices in the music, games and software sectors (see our report here), this week’s meeting focused on the current situation in the audiovisual (AV) and publishing sectors.
Read More[PrEP 4 All Collaboration] The decision by Health and Human Services (HHS) to sue Gilead for patent infringement on Truvada and Descovy PrEP is a critical step to provide access to effective HIV prevention to everyone who needs it. Gilead’s conduct is unconscionable and has had disastrous consequences. In the suit, HHS spells this out plainly: “Gilead’s conduct was malicious, wanton, deliberate, consciously wrongful, flagrant, and in bad faith.”
Read More[Ed Black] … Contrary to the suggestions of the U.S. companies opposing fair use in South Africa, there is nothing inappropriate about the Copyright Amendment Bill’s inclusion of fair use. South African users and creators should be allowed to benefit from fair use, just as American users and creators are able to, along with the millions of citizens of the other jurisdictions that have adopted fair use.
Read More[Christopher J. Morten and Amy Kapczynski] Leading drug pricing bills in Congress tackle the problem of leverage with two distinct solutions to improve the government’s bargaining position: a tax on drug manufacturers that refuse to agree on a fair price and “competitive licensing,” under which the government accelerates market entry of competitors when a deal cannot be reached. House Speaker Nancy Pelosi (D-CA) has endorsed the first approach, recently announcing a bill that would impose a tax on drug manufacturers when they fail to reach an agreement with the government on price under Medicare Part D. Rena Conti and Paul Kleutghen recently argued in a Health Affairs blog post that the second approach—competitive licensing—is impractical because of purported manufacturing, regulatory, and legal hurdles faced by drug companies licensed under the competitive licensing scheme.
Read MoreThe following statement was made by Deputy Director General Sylvie Forbin at the Standing Committee on Copyright and Related Rights summarizing the conclusions from the international conference on limitations and exceptions held October 18-19 in Geneva, Switzerland. The text below is a transcript of an oral presentation and may contain small errors and incomplete syntax given the mode of presentation. A fuller written report on the conference and regional seminars will be published by the Secretariat two months before the 40th meeting of the SCCR. The date for the 40th SCCR has not been set.
Read More[Chijioke Okorie] Last week, the African Regional Intellectual Property Organization (ARIPO) published the ARIPO Model Law on Copyright and Related Rights (the Model Law). The ARIPO member states are expected to adopt and/or adapt the Model Law for their respective national purposes.
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