Author: Sean Flynn

Updated Background Paper for the Treaty on Education and Research Activities (TERA)

[With Jonathan Band and Zhao Zhao] The World Intellectual Property Organization has long recognized the importance of copyright exceptions to education and research…. However, there is great disparity in WIPO member states concerning the adequacy of exceptions for education and research. In particular, the exceptions in many developing countries are insufficient to meet their pressing needs, in accordance with the United Nation’s sustainable development goal of quality education. Accordingly, a treaty on copyright exceptions and limitations for educational and research activities is necessary to establish global norms in this critical area. This background paper describes a proposed treaty that has been endorsed by a coalition of civil society groups. It has been updated from an October 8 Version to includes a section-by-section description of the treaty text. 

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Briefing Paper: A Treaty on Copyright Exceptions and Limitations for Educational and Research Activities

The World Intellectual Property Organization has long recognized the importance of copyright exceptions to education and research…. However, there is great disparity in WIPO member states concerning the adequacy of exceptions for education and research. In particular, the exceptions in many developing countries are insufficient to meet their pressing needs, in accordance with the United Nation’s sustainable development goal of quality education. Accordingly, a treaty on copyright exceptions and limitations for educational and research activities is necessary to establish global norms in this critical area.

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Endorse the Civil Society Proposed Treaty on Copyright Exceptions for Educational and Research Activities

Today, we release a treaty proposal to take another step toward the goal of a set of binding norms that require all countries to make research and learning materials available for use by all, whenever such use is in accord with the time-tested copyright principle of “fair practice.” The Civil Society Proposed Treaty on Copyright Exceptions for Educational and Research Activities has been endorsed by 15 civil society and research organizations at the Global Congress on Intellectual Property and the Public Interest. It is open for review and endorsement

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Response to IIPA Comments to USTR Regarding South Africa’s Copyright Amendments Bill and AGOA Eligibility

[Sean Flynn and Peter Jaszi] We write in reference to the August 1, 2018, filing of the IIPA, in respect of South Africa’s proposed copyright amendments. IIPA claims that adoption of the South Africa copyright amendment bill “would place South Africa out of compliance with the AGOA eligibility criteria regarding intellectual property.” We find this claim wholly unsupported.

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Comments of the Global Expert Network on Copyright User Rights and Creative Commons Corporation (HQ) on South Africa’s Copyright Amendment Bill (2017) [B13-2017]

We commend Parliament for its forward-looking copyright amendments that will assist South African creators and users of copyrighted works benefit from the digital age. We commend you as well for the open public process through which you have drafted the bill. We support the specific textual suggestions included in the ReCreateSA submission. We provide the following comments focusing on Section 12 of the draft Copyright Amendment Bill, and in particular the “fair use” provision in 12B.

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Statement on Limitations and Exceptions for WIPO Broadcast Treaty

Thank you chair. I want to speak quickly to the issue of limitations and exceptions for the Broadcast treaty should one proceed. We should not be using a 20 year old model that ignores the many advancements in this area. With all due respect, both the chair’s text and the proposal by Argentina and Brazil at the last round are unduly limited. They do not include mandatory exceptions from other agreements, including Berne and Marrakesh. Nor do they consider the needs of libraries, archives, museums or for education or research activities currently in discussion in this committee. Nor do they include the best examples of provisions protecting domestic policy space.

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Update on South African Copyright Reform: Fair Use Provision May Be Removed

In the latest report from the South Africa copyright amendment bill process (see below), the Parliamentary Portfolio Committee suggested that it may be taking its fair use proposal off the table… notes from the most recent committee meeting conclude that the copyright exception provisions in the bill might be limited to “address the issues of hearing-impaired people, librarians and museum staff, and the Department of Trade and Industry would select a third issue, but one that was not contentious so that the legislation could be fast-tracked.”

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Address on Copyright Limitations at the 2018 JET Law Symposium

The Journal of Entertainment and Technology Law and Professor Daniel Gervais hosted the 2018 Symposium titled JETLaw Symposium, Dramatic Changes: The Effect of International Trade on Intellectual Property and Human Rights on Thursday, January 25, 2018 at Vanderbilt Law School. The Symposium featured three panels of scholars discussing issues related to the intersection of these three topics.

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Comments to the Mexican Senate on Copyright Provisions in the NAFTA Renegotiation

I am here to speak about the importance of including provisions in NAFTA to protect the abilities of countries to have general and open public interest copyright exceptions. All three countries have such exceptions to varying degree. And all three are under threat from the agenda of some copyright holders in international forums.

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