InfoJustice Eds.

InfoJustice Eds.

  • Joined: July 15, 2019
  • Articles: 282

Society’s Dependence on the Internet: 5 Cyber Issues the Coronavirus Lays Bare

[Laura DeNardis and Jennifer Daskal] ... While the online world is often portrayed as a societal ill, this pandemic is a reminder of how much the digital world has to offer. The pandemic also lays bare the many vulnerabilities created by society’s dependence on the internet. These include the dangerous consequences of censorship, the constantly morphing spread of disinformation, supply chain vulnerabilities and the risks of weak cybersecurity.

Creative Commons South Africa Letter to President in Support of the Copyright Amendment Bill

[Paul G. West, Derek Moore, Klaus Beiter and J.A.K. Olivier] Hereto our urgent request for the signing of the Copyright Amendment Bill, as was passed by both Houses and sent to your Office for assent after it was approved on 28 March 2019. We wish to specifically address the significance of the proposed amendments to the South African Copyright Act for access to learning materials in schools and higher education institutions in South Africa. The proposed “fair use” provision and specific exceptions for additional educational uses are not only compatible with international copyright law (the Berne Convention, the World Intellectual Property Organization (WIPO) Copyright Treaty, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and so on). They also pass the three-step test of international copyright law, as understood by the majority of international copyright law scholars.

Public Statement of Library Copyright Specialists: Fair Use & Emergency Remote Teaching & Research

[Statement signed by over 150 librarians] This Statement is meant to provide clarity for U.S. colleges and universities about how copyright law applies to the many facets of remote teaching and research in the wake of the COVID-19 outbreak. We write this as copyright specialists at colleges, universities, and other organizations supporting higher education in the U.S. and Canada who work every day with faculty, staff, and librarians to enable them to make ethical and legal choices about copyright issues in online teaching.

Intellectual Property and Trade Measures to Address the Covid-19 Crisis

[South Centre] As the Covid-19 virus continues to spread globally, immediate actions to fight the pandemic is a major priority for all governments. In this time of crisis, the timeliness of response is critical. A coordinated global effort is required to ensure access to affordable, safe and effective treatments, diagnostics and vaccines that are developed, as well as access to medical supplies and devices.
The South Centre views with concern the attempts by some governments and industry players to monopolize the availability of those products for their own nationalist agenda or to maximize profit, ahead of societal interest in tackling this global public health emergency. The private enforcement of patents and government trade restrictions may pose a dire threat to the containment of the Covid-19 pandemic.

A Public Health-Oriented Examination of Pharmaceutical Patent Claims: Sharing of Experiences at the Indian Patent Offices in Kolkata and Chennai

[Lucas van der Hoeven] How to examine pharmaceutical patent applications to ensure access to affordable generic medicines while rewarding genuine pharmaceutical inventions, in accordance with the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), was the focus of two training workshops organized by the South Centre at the Indian Patent Offices in Kolkata and Chennai on 10-11 February and 13-14 February, respectively. These activities were part of the collaboration between the South Centre and the Indian Patent Office under a Memorandum of Understanding with the Department of Industry and Internal Trade, Ministry of Commerce and Industries, Government of India. Patent examiners and controllers in the pharmaceuticals and biotechnology sections of the patent offices exchanged views with experts from the South Centre on possible approaches to the examination of various types of typical claims in pharmaceutical patent applications.

Fair Dealing and Emergency Remote Teaching in Canada

[Samuel Trosow and Lisa Macklem] In the wake of the COVID-19 outbreak, Canadian post-secondary institutions are replacing classroom-based instruction with online teaching for the remainder of the Winter/Spring 2020 semester. ... As instructors grapple with the mechanics of making this unanticipated conversion, most attention is focused on how to use technological tools to accomplish this transition. Less attention is being given to copyright issues. We are worried that without some affirmative intervention in the form of copyright training, opportunities to take advantage of Canada’s broad fair-dealing rights may be missed. This article explains how copyright law applies to online course materials. We hope it will assist instructors, librarians, teaching assistants, students and administrators working in Canadian colleges and universities.

Coronavirus and Copyright – Or, the Copyright Concerns of the Widespread Move to Online Instruction

[Eoin O’Dell] ... in our race to go online in time to deliver classes to our students, we must not forget that copyright law continues to apply. In that regard, I’m delighted to note that recent reforms to Irish copyright law will make all of our lives easier. The Copyright and Other Intellectual Property Law Provisions Act 2019 (also here) [COIPLPA] amended the Copyright and Related Rights Act 2000 (also here) [CRRA] in various significant ways, in particular relating to online educational uses of copyright material.

What We Hope for WIPO Under New Leadership: Neutrality, Fairness, and Transparency

[Teresa Nobre] ... it is of utmost importance that the new Director General’s stance on issues that have been key areas of concern for the organizations advocating for society-oriented reforms at WIPO clearly contribute to: ensuring full participation of civil society representatives and minimising discussions held behind closed doors; ensuring that WIPO’s work is based on solid evidence rather than the product of influence of private sector or other lobbies; guaranteeing that WIPO’s technical assistance activities are development-oriented and suitable to the national levels of development; and guaranteeing that WIPO and its staff are neutral and impartial sources of information and expertise.

Google Submission to USTR, re: South Africa GSP Review

[Google, Inc.] South Africa has made strong progress in crafting a fair use system that is closely modeled on the U.S. legal framework, including a four-factor test drawn from 17 U.S.C. § 107 that strikes an appropriate balance between the interests of authors, creators, and users. The adoption of fair use in South Africa would clearly benefit U.S. exporters, particularly when the alternative is a legal system that is less consistent with U.S. law.

WIPO Nominates Daren Tang as New Director General

[International Federation of Library Associations] The UN agency that manages the global intellectual property system – including copyright – has nominated a new Director General. As the current Chair of the organisation’s copyright committee – and as a modernising reformer nationally – he will bring a strong awareness of the needs of libraries to the role.

Why South Africa Should Resist US Pressure to Extend Copyright Terms

[Paul Heald] The current term of copyright in South Africa is life-of-the-author plus 50 years. But the US is pressuring South Africa to extend the term to life-plus-70. Since the US is a net exporter of copyrighted media, like songs, books, and movies, US copyrights earn billions in revenue yearly. The US wants to prolong this trade imbalance as long as possible and deny foreigners free access to older US works.