Author: REPOST

Global Discussions on Exceptions and Limitations to Copyright for Libraries Continue

[International Federation of Library Associations] It’s time to look back at a of week global discussions on copyright at the World Intellectual Property Organisation (WIPO). There were useful new reports and materials, signs of consensus on all sides that exceptions and limitations are an essential part of the copyright framework, and further proof that action is needed to allow libraries to work across borders.

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Affordable College Textbook Act Reintroduced in U.S. Congress

[Scholarly Publishing and Academic Resources Coalition] SPARC…, an international alliance of academic and research libraries working to broaden access to knowledge, today applauded the reintroduction of the Affordable College Textbook Act in the U.S. Congress. The bill aims to make higher education more affordable for students by expanding the use and awareness of open educational resources (OER) — high quality academic materials that can be freely downloaded, edited and shared to better serve all students.

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Communia General Statement on Exceptions and Limitations (SCCR/38)

[Teresa Nobre, for the Communia Association] We believe that there is a minimum set of access and use rights that should be defined by public rules, since they are justified by public interests. If copyright laws do not grant to the education and research communities, the cultural heritage institutions, and the persons with disabilities the same level of protection that is granted to rightsholders, and defer to private agreements the regulation of all uses of copyrighted materials, they perpetuate an unbalanced power structure and let rightsholders weaken or undermine what should be a public policy decision.

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The New Copyright Directive Is a Lost Opportunity for Europe – And Shows Lack of Respect for User Rights

[Communia Association] The Directive is the most important European regulation of the digital sphere in the last several years. It will define the shape of copyright in Europe for years to come — and have spillover effects for regulation around the globe. We believe that the approved directive will not meet the goal of providing a modern framework that balances the interests of rightsholder and users, protects human rights and enables creativity and innovation to flourish. Instead, it is a biased regulation that supports one business sector, at the cost of European citizens.

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EU COPYRIGHT REFORM SHOWS NEED FOR GLOBAL REFORM

[Teresa Hackett] … a closer look at European copyright legislation, including the Directive adopted by the European Parliament on 26 March 2019, demonstrates that both blocs clearly recognize the inadequacy of the current international framework to address barriers created by national copyrights for cross-border activities by educational and cultural heritage institutions. And they have addressed the problem through the adoption of pan-European legislation. In other words, European copyright reforms demonstrate the need for global copyright reform.

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Say YES to Copyright and NO to Article 13

[Communia Association] Earlier today, on the eve of tomorrow’s vote, we distributed 750 copies a journal titled “Say YES to copyright and NO to Article 13” to the offices of the MEPs in Strasbourg. This is part of a last ditch effort by civil society organisations to prevent MEPs from approving a new copyright directive that includes the disastrous Article 13. You can download our journal here (pdf) and we are re-publishing the text of the editorial below.

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The Copyright Directive: Articles 11 and 13 must go – Statement from European Academics in advance of the Plenary Vote on 26 March 2019

[CREATe] …During the last two years, we have reviewed the existing evidence and offered access to independent research. There have been improvements to the initial drafts, but on balance, Articles 11 and 13 will do more harm than good. They should be deleted.

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ReCreate South Africa and Wikimedia ZA Panel on Copyright Amendment Bill

[ReCreate South Africa] The Copyright Amendment Bill has provoked a number of negative reactions in the wake of its passing before the National Assembly, with summits and symposiums by Copyright elitists claiming that the Bill will infringe on their copyrights. ReCreate in partnership with Wikimedia ZA feel that there is a need to remind the public of the true benefits and reasons we support the Copyright Amendment Bill.

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Statement by Michael A. Carrier to Health Subcommittee of House Committee on Energy & Commerce

[Michael Carrier] My testimony to the Health Subcommittee of the House Energy & Commerce Committee supports legislation being considered to lower high drug prices. First, I support the CREATES Act and FAST Generics Act, which would ensure that generic companies receive the samples they need to enter the market. Second, I support the FAIR Generics Act, which would ensure that the 180-day exclusivity period is serving the purpose it was intended to by rewarding not just the first generic filer (who could settle with the brand by agreeing to delay entering for years) but also the first generic to win in court, demonstrating that the patent is invalid.

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Laos Copyright Law: EIFL Review and Recommendations

[Electronic Information for Libraries] The updated copyright law, replacing the previous law adopted in 2011, came into effect in Laos in June 2018. WIPO’s Study on Copyright Limitations and Exceptions for Libraries and Archives (SCCR/35/6) found that while the 2011 law in Laos had some basic exceptions allowing certain uses of copyright protected works, there were no explicit library exceptions. Unfortunately, the new law does not remedy the situation, thus leaving libraries to operate without either a specific exception or a general fair use or fair dealing exception that libraries could utilize. The scope of permissible library activities therefore relies on interpretation of other provisions – the exceptions for quotation, illustration, and archiving of electronic copies – and the result is not satisfactory.

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ReCreate South Africa Comments on the Copyright Amendment Bill [B13-2017]

[ReCreate South Africa] ReCreate South Africa (“ReCreate”) is a non-profit association, established in 2018 to advocate for a balanced Copyright Act that includes modern creators’ rights. ReCreate is a coalition of writers, filmmakers, photographers, educational content producers, software and video game developers, technology entrepreneurs, artists, poets, producers of accessible format materials, freedom of expression advocates, and other South African creators… ReCreate South Africa welcomes the Copyright Amendment Bill’s clear guidelines and balance between the rights of creators and users. We applaud the promotion of three key rights to enable us to create the next generation of South African content for the world: The Right to Create … 2. the right to Own … 3. The Right to Earn.

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A Final X-Ray of Article 13: Legislative Wishful Thinking that Will Hurt User Rights

[Communia Association] The final version of Article 13 continues to be so problematic that as long as it remains part of the overall package, the directive as a whole will do more harm than good. This is recognised by an increasing number of MEPs who are pledging that they will vote against Article 13 at the final plenary vote. The flowchart below illustrates the main operative elements of Article 13. These include the definition of the affected services, the types of services that are explicitly excluded from its scope (the green box in the top right corner) and the reversal of the liability rules for the services covered by Article 13.

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Acting Public Advocate and Speaker Johnson, Elected Officials, The Prep4all Collaboration, and Advocates Rally for Affordable HIV Prevention Medication

[NYC Councilmember Press Release] cting Public Advocate and New York City Council Speaker Corey Johnson, Council Member Carlina Rivera, Assembly Member Dick Gottfried, former State Senator Tom Duane, founders of the PrEP4All Collaboration (and organizers of the #BreakThePatent campaign), and advocates held a rally to call on the National Institutes of Health (NIH) to exercise its march-in rights and break Gilead’s patent of Truvada, the brand name medication for pre-exposure prophylaxis, also known as PrEP. March-in rights, as granted by the Bayh-Dole Act of 1980, allow the federal government to break patents in certain cases involving patents that resulted from publicly funded research. Breaking the patent in this case would make PrEP more affordable and accessible by allowing generic versions to enter the market.

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Education International Submission to the Select Committee on Trade and International Relations Concerning the Copyright Amendment Bill [B13B -2017]

[David Edwards] Education International (EI) would like to support the progressive proposals to amend the South African Copyright Act. Education International (EI) is a Global Union Federation that represents organisations of teachers and other education employees. It is the world’s largest, most representative sectoral organisation of unions with more than 32 million trade union members in about 400 organisations in 170 countries and territories. Our African regional office is based in Accra and brings together approximately 121 member organisations from countries across the continent.

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A “Compromise” that Fails to Deliver – Our Overall Assessment of the Directive Remains Negative

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.

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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.

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The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised

[Julia Reda, MEP] In the evening of February 13, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive. For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. But we can still prevent that!

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Updated Study Finds Revenues from the New Creative Economy Grew 15% To $7 Billion In Just One Year

[Re:Create Coalition] Today the Re:Create Coalition released the second annual report on the economic value of the New Creative Economy, documenting that 16.9 million independent, American creators earned a baseline of $6.8 billion from posting their music, videos, art, crafts and other works online in 2017. Building upon last year’s study, the updated report found the number of new creators grew by 2.4 million (16.6%) and total revenues grew by 14.8%. Moreover, these results cover only nine leading online platforms for Americans participating in the New Creative Economy: Amazon Publishing, eBay, Etsy, Instagram, Shapeways, Tumblr, Twitch, WordPress and YouTube.

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Ensuring Equality: IFLA Submits Comments to New Zealand Marrakesh Treaty Implementation Consultation

[International Federation of Library Associations] Following a call for comments by the government of New Zealand Te Aotearoa on draft legislation designed to implement the Marrakesh Treaty, IFLA has made a submission. This highlights the need to reject provisions that go beyond what the Treaty requires, and to respect the fundamental principle of non-discrimination.

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2019 Will Be a Busy Year for User Rights’ Advocates at WIPO

[Teresa Nobre] In the age of connectivity, it is not enough to fight for better copyright laws for users in certain regions of the world. We need to advocate for baseline international standards that allow cross-border uses of copyrighted materials, for purposes such as access to knowledge and education, in each and every country of the world. That is why public interest advocates, Communia included, keep investing their energies in the international discussions on copyright exceptions, using their capacities of permanent observers of the WIPO’s Standing Committee on Copyright and Related Rights (SCCR).

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