Computer & Communications Industry Association, Fair Use in the U.S. Economy: Economic Contribution of Industries Relying on Fair Use (CCIA: 2017), available online at ccianet.org. Executive Summary: In 2007, CCIA released a report prepared by Capital Trade, Inc. that was…
Author: Giancarlo F. Frosio Abstract: To better understand the heterogeneity of the international online intermediary liability regime—with the collaboration of an amazing team of contributors across five continents—I have developed and launched the World Intermediary Liability Map (WILMap), a detailed…
Authors: Patricia Aufderheide, Aram Sinnreich, Louisa Imperiale and Carolyn Silvernail Abstract: This study tracks changes in behavior and attitude among visual arts professionals after the development of a code of best practices in the copyright doctrine of fair use. A…
Jeremy de Beer, Jeremiah Baarbé, Caroline Ncube Open AIR Working Paper #4; LINK Innovation policy is important for economic growth and human development.[1] Countries across Africa are, therefore, developing policy to encourage innovation.[2] Measures that address intellectual property (IP) in…
Author: Robert Spoo Abstract: The chapter explores the founding rules of America’s protectionist copyright law, which openly encouraged the unauthorized reprinting of new foreign works, generated frenzied competition for those free resources, and set in motion a counter-practice of self-restraint…
Author: Shruti Rana Abstract: Nations and businesses around the globe have been battling over copyright protection laws, with industrialized nations pressuring developing nations to adopt “Western-style” copyright regimes. These battles are escalating as copyright piracy grows, while developing nations struggle…
Authors: Matthew Sag and Jake Haskell Abstract: In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all…
Authors: Amy Kapczynski, Bhaven N. Sampat and Ken Shadlen Abstract: The upward-ratcheting of patent protection through trade agreements has generated significant concerns about potential effects on prices of drugs and access to medicines in developing countries. The Trans-Pacific Partnership (TPP)…
Author: Victor B. Nzomo Abstract: In 2014, the Supreme Court of Kenya had to determine whether the broadcast rights in free-to-air (FTA) programme-carrying signals were infringed by allowing the re-broadcasting of these signals pursuant to the so-called “must-carry” rule in…
Carlos Correa South Centre, February 2017 Research Paper #74 IP provisions in FTAs may have implications on a wide range of public policy areas. A vast academic literature has addressed the “flexibilities” available under the TRIPS Agreement and the negative…
Author: Giancarlo F. Frosio Abstract: Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for…
Author: Krzysztof Garstka Abstract: Following the publication of the Digital Single Market agenda, it became clear that establishing the place of online intermediaries in the regulatory framework for combating illicit content on the Internet remains one of the key challenges…