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InfoJustice Eds.

  • Joined: July 15, 2019
  • Articles: 282

Creative Commons Publishes Policy Paper: Towards Better Sharing of Cultural Heritage — An Agenda for Copyright Reform

[Brigitte Vézina] Over the past few months, members of the Creative Commons (CC) Copyright Platform along with CC friends from around the world have worked together to develop a policy paper addressing the key high-level policy issues affecting access and sharing of cultural heritage, notably by galleries, libraries, archives and museums (GLAMs). In this blog post, we provide some background on the paper and share a few highlights.

Lessons From the Pandemic for LDCs: Implementing Intellectual Property Flexibilities

[Sangeeta Shashikant] The global crisis of COVID-19 has underscored the vital importance of utilizing, to the fullest extent, policy space in the area of intellectual property. Since the onset of the pandemic, many countries around the world have had to confront various challenges of access including to tools protected by intellectual property (IP). These include copyrighted materials as learning shifted to online platforms, and affordable health products and technologies to prevent and treat the infection. The pandemic has also accentuated the significance of local production as limited supplies of critical commodities are rapidly snapped up by developed countries. Since March 2020, the least developed countries (LDCs) have perhaps struggled the most with limited financial resources, facilities and technological capacity to contain the pandemic and deal with its socioeconomic impacts.

How to Promote Research and Education at the Global Level? Takeaways From Our Panel Discussion

[Teresa Nobre] COMMUNIA and Wikimedia Deutschland held a panel discussion on February 15th to discuss whether the new mandatory exceptions in the EU Copyright Directive could serve as a model to solve some of the most pressing international-level problems around education and research. The event started with Marco Giorello, the Head of the Copyright Unit at DG CONNECT of the European Commission, explaining the reasons for introducing mandatory exceptions for education and research purposes at the EU level (from min. 8:55 to min. 20:50). Marco pointed out that both research and education were at the forefront of the Commissions’ discussions on the modernization of the copyright system.

Webinar on Artificial Intelligence, Text- and Data Mining, and Big Data in Kenya

[Electronic Information for Libraries] EIFL is delighted to partner with the Kenya Copyright Board (KECOBO) for a webinar on emerging technologies of Text and Data Mining (TDM), Artificial Intelligence (AI), and Big Data. The webinar is organized in cooperation with the Kenya Libraries and Information Services Consortium (KLISC), EIFL’s partner in Kenya, and the Right to Research in International Copyright Law project.

MARRAKESH TREATY: GETTING THE DETAILS RIGHT

[Electronic Information for Libraries] By the end of 2021, over 100 countries had joined the Marrakesh Treaty for persons with print disabilities, confirming its place as WIPO’s most successful treaty of recent times. In most countries, the next step in the legal process is for the treaty’s provisions to be implemented into national law (known as domestication), typically by introducing new exceptions in the copyright law, or by amending existing exceptions to ensure that they are Marrakesh-compliant. While national implementation can take time, it is a vital part of the legal process. Once completed, beneficiaries such as blind people can start to make practical use of the treaty, and libraries can step up their services to deliver materials into the hands of print-disabled readers.

VIDEO: Webinar on Fair Dealing and Other Copyright Exceptions

[Hosted by the Kenya Copyright Board, February 10, 2022] Panelists Joseph Kavulya, Denise Nicholson, Desmond Oriakhogba, Jonathan Band, and Paul Kaindo discuss the following topics: an introduction to fair dealing and other copyright exceptions; the evolution of fair dealing internationally; how Nigeria is updating its copyright exceptions; what does the Kenya Copyright Act state; and Challenges for libraries using copyright exceptions.

South Africa’s COPYRIGHT BILL: KEY POLICY OBJECTIVE AT RISK

[Electronic Information for Libraries] In December 2021, the National Assembly’s Portfolio Committee on Trade and Industry called for public submissions and comments on new, substantive amendments to the Copyright Amendment Bill [B13B-2017], based on inputs from the previous public consultation in June 2021. The wide scope of the proposed amendments surprised many stakeholders because the previous consultation was clearly limited to certain, specific issues contained in reservations by the President on the constitutionality of some sections of the Bill. Instead, the new amendments effectively frustrate the exceptions enabling quotations, reporting of current events, translation, personal use, as well as activities of libraries and archives, including lending, access to digital works, making preservation copies, format-shifting and inter-library document supply.

European Copyright Society Comment on Copyright and the Digital Services Act Proposal

[Alexander Peukert, Martin Husovec, Martin Kretschmer, Péter Mezei and João Quintais] Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. This practice will become subject to numerous due diligence obligations under the proposed Regulation on a Single Market For Digital Services (Digital Services Act, DSA), which also covers copyright infringing content. In this Comment, the European Copyright Society (ECS) takes the opportunity to share its view on (1) the relationship between the EU copyright acquis and the DSA and (2) on further selected aspects of the DSA from a copyright perspective.

Taiwan: Executive Yuan Council Passes Draft Amendments to Copyright Act and Copyright Collective Management Organization Act

[Taiwan Intellectual Property Office] In order to accommodate the rapid growth of both digital technology and the Internet, TIPO has drafted an amendment to the Copyright Act. The proposed changes factor in both international treaty provisions and the copyright systems of those countries that are ahead of the curve. With the addition of 9 articles and the revision of 37, this would be the biggest revamp of the Act in 20 years. Another law up for amendment is the Copyright Collective Management Organization Act. TIPO hopes that changes to this statute will ensure a fairer and more effective licensing market—one in which works can be easily circulated and used, and one where the rights and interests of copyright owners are fully protected. Having been reviewed by the Executive Yuan Council on April 8, 2021, both drafts will now be submitted to the Legislative Yuan for further deliberation.

LIFTING BARRIERS TO COVID-19 RESEARCH – WILL THE WTO ACT?

[Teresa Hackett] EIFL supports the proposal at the WTO by South Africa and India, backed by more than 100 countries, to temporarily waive IP rights on COVID-19 vaccines and treatments... From a copyright and research perspective, there are three key components for the prevention, containment and treatment of COVID-19. First, researchers must be allowed to do the research. Second, researchers (and people) must be allowed to read the research. Third, libraries (and archives) must be allowed to save the research for future use. But these activities are not universally permitted. The proposed TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights ) waiver would help ensure that scientists and researchers, no matter where they are, can undertake work on COVID-19 without legal barriers or roadblocks.

YouTube Copyright Transparency Report: Overblocking is real

[Paul Keller] ... On Monday YouTube published the first edition of its Copyright Transparency Report. The report that covers copyright enforcement actions on the platform for the period from January to June of this year provides much needed insights into how YouTube’s various copyright management systems function... So what can we learn from this first copyright transparency report? The overall take-away is that automated content removal is a big numbers game. In total YouTube processed 729.3 million copyright actions in the first half of 2021 of which the vast majority (99%) were processed via Content ID (as opposed to other tools, such as Copyright Match Tool and the Webform). And while YouTube claims that ContentID is much more accurate and less prone to abuse than its other systems ContentID has still received 3.7 million disputes from uploaders claiming that the actions (these can be blocks/removals but also demonetisation actions) taken against them are unjustified.