Watch online – Global Congress Week of Intellectual Property, the Public Interest, and COVID-19
This week, Fundación Karisma is hosting the online Global Congress Week of Intellectual Property, the Public Interest and Covid-19. A complete list of events is available on the Global Congress website. If you miss a session, all sessions are being posted on Karisma’s YouTube channel.
How to License Article 17? Exploring the Implementation Options for the New EU Rules on Content-Sharing Platforms
[Martin Husovec and João Quintais] Abstract: Article 17 of the Copyright in the Digital Single Market Directive is a major Internet policy experiment of our decade. The provision fundamentally changes copyright regulation of certain digital platforms. However, the precise nature of art. 17 is far from clear. How does it fit the existing structure of EU copyright law and doctrine? How can the Member States implement it? These are the questions at the heart of this article.
EIFL-KLISC Fact Sheet on US-Kenya Trade Talks
[Electronic Information for Libraries] EIFL and our partner library consortium in Kenya, the Kenya Libraries and Information Services Consortium (KLISC), have issued a fact sheet on the proposed US-Kenya Free Trade Agreement (FTA), a comprehensive bilateral trade agreement that aims to strengthen economic ties between the US and Kenya… At least 20 priority areas for negotiation have been identified, including intellectual property (IP). However, any requirement to apply a standard of IP protection similar to that found in US law to Kenya, as a developing country, raises significant concerns among libraries and other civil society stakeholders.
Civil Society letter on the Article 17 implementation guidance
Earlier today 27 (update 16-09-2020: 30) civil society organisations sent a joint letter to Commissioner Breton summarising our responses to the Article 17 guidance consultation that closed last week… The letter expresses concerns that the proposed Article 17 guidance endorses the use of automated content blocking by online services even though it is clear that this will lead to the violation of fundamental rights. It also warns that implementations of Article 17 based on the proposed guidance will violate established principles of EU law.
Commission consultation on Article 17 guidance: User rights must be protected at upload
[Paul Keller] At the end of July the Commission published a long awaited “targeted consultation addressed to the participants to the stakeholder dialogue on Article 17 of the CDSM Directive“. With this consultation the Commission makes good on its (pre-covid) promise to “share initial views on the content of the Article 17 guidance” with the participants of the stakeholder dialogue. Nestled in-between 18 questions, the consultation document provides a detailed outline of what the Commission’s guidance could look like once it is finalised. While we have been rather sceptical after the end of the six meetings of the stakeholder dialogue meetings, we are pleased to see that the initial views shared by the Commission express a genuine attempt to find a balance between the protection of user rights and the interests of creators and other rightholders, which reflects the complex balance of the provisions introduced by Article 17 after a long legislative fight.
SOUTH AFRICA’S COPYRIGHT AMENDMENT BILL – 5 YEARS ON
[Denise Nicholson] … On 16 June 2020, the President elected to refer the Bill back to Parliament on the grounds of “constitutional concerns”. What is very disappointing and surprising is that the President ignored a Senior Counsel’s Opinion on the Bill, sent to his office, as well as hundreds of submissions, letters, messages, and public presentations in favour of these exceptions throughout the legislative process. Instead, and perhaps under pressure, he sent the Bill back based purely on one submission to Parliament made by a Senior Counsel on behalf of his client, the Copyright Coalition of South Africa. He failed to give his own presidential reasons or opinion as to why issues raised were likely to be “unconstitutional”.
ON A KNIFE EDGE? SOUTH AFRICA’S NEW COPYRIGHT LAW
[EIFL] The Copyright Amendment Bill [B13B – 2017] had been sitting on the desk of President Cyril Ramaphosa for over a year waiting to be signed into law. In June 2020, when Blind South Africa issued a legal challenge over the delay, the President acted. But instead of signing the Bill that had been approved by the legislature, the President used his prerogative to return it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. The President’s rejection of the Bill is widely seen as the result of pressure by copyright industries, and the threat of trade sanctions and reduced future investment from the United States and the European Union.
Survey Data from Canada, Mexico and Taiwan added to User Rights Database
In 2017, PIJIP released the User Rights Database, a novel, survey-based dataset, which measures changes to countries’ laws on copyright exceptions over time. Last spring we have added three additional countries to the dataset – Canada, Mexico and Taiwan. This post introduces the new data and discusses how it compares to the data from the original set of countries.
Regulating Technology Through Copyright Law: A Comparative Perspective
[Pamela Samuelson] The EU’s recently adopted DSM Directive marks a break after 30-some years of general convergence in the way EU and US copyright laws have regulated digital technologies. Given the differences in underlying rationales for IP rights and in the legal cultures of the EU and US, the two might pursue divergent paths going forward, particularly in respect of ISP liability and press publisher rules.
New policy paper on fundamental rights as a limit to copyright during emergencies
[Teresa Nobre] Today, Communia released a policy paper on fundamental rights as a limit to copyright during emergencies. This policy paper has been prepared in the context of the COVID-19 pandemic, which has caused a massive disruption of the normal organization of society in many EU countries. In our paper we defend that, in order to transpose education, research and other public interest activities from public locations to private homes during government-imposed lockdowns, we need to be able to rely on the understanding that fundamental rights can, in exceptional situations, function as an external limit to our national copyright systems.
