Category US Domestic Legislation

South African Creators Form Re-Create ZA to Advocate for Balanced Copyright Reform

[Tusi Fokane and Ben Cashdan] A new organization of South African creators has formed to press their views in favor of balanced copyright provisions in the ongoing amendment process. ReCreateZA (www.re-createza.org) represents a broad coalition of creatives, including “writers, filmmakers, photographers, educational content producers, software and video game developers, technology entrepreneurs, artists, poets, producers of accessible format materials and other South African creators.”

Mexican Senate Passes Changes to Copyright Law That Would Censor Content Online

April 27, 2018: Digital rights organisations in Mexico are sounding the alarm after the Senate approved changes to the copyright law that would censor information online. The measures would allow for the preemptive removal of content without having to prove that a copyright infringement has actually taken place. Yesterday the Senate approved the modifications to the Federal Copyright Law, with 63 votes in favor, 11 against, and 23 abstentions. The Senate voted with little internal discussion, and without the knowledge of or input from civil society organisations or the public.

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.”

IFLA Sends Comments to the Senate of the Republic of Colombia on Copyright Reform

[International Federation of Library Associations] Colombia is now in the process of reforming its copyright law (Ley 23 de 1982). In view of this reform and of the debate at the Comisión Primera of the Honourable Senate of the Republic of Colombia, IFLA submitted written comments and suggestions for specific changes to the Bill. For the preparation and submission of comments, IFLA collaborated with the Fundación Conector and had the support of the Colegio Colombiano de Bibliotecología (ASCOLBI).

This Is Not How You Make Copyright Reform! Report from the Copyright Action Days

[Communia Association] Last week more than a hundred of copyright reform activists got together in Brussels for the the European Copyright Action Days to make it clear to EU lawmakers that the copyright reform effort that is currently being discussed in the European Parliament and the European Council is not good enough. In a series of events organized by Copyright 4 Creativity, Create.Refresh, Communia and others, activists and other stakeholders discussed the shortcomings of the current reform proposal as well as ideas for a more future-proof overhaul of the outdated EU copyright system.

New Era for Copyright in Kyrgyzstan: Secondary School Children and People with Print Disabilities Benefit from the New Copyright Law

[Electronic Information for Libraries] In March 2017, the law on copyright and related rights of the Kyrgyz Republic was amended to include important changes for the benefit of libraries, educational institutions and persons with print disabilities. There are also new provisions safeguarding access to works created through public funds. EIFL warmly welcomes the changes that, taken together, herald a new law that is people-centred, pragmatic and puts education and development at the centre of copyright law and policy.

Congress Funds $5 Million Open Textbook Grant Program in 2018 Spending Bill

[Nicole Allen, SPARC] Update: The FY18 omnibus appropriations bill was signed into law on March 23, 2018, including the $5 million open textbook grant program. In a landmark victory for the Open Education movement, the U.S. Congress has included funding for a $5 million open textbook grant program in the Fiscal Year 2018 omnibus appropriations bill unveiled today. This marks the first major investment by Congress explicitly in open educational resources(OER) as a solution to the high cost of college textbooks, and underscores that course materials are a significant factor in making higher education affordable.

PIJIP Letter to Colombian Government on Art. 14 of the Proposed Copyright Reform

... We write today to offer our views on Article 14 of the proposed Copyright reform dealing with limitations and exceptions. Our central concern is that Colombia take advantage of the flexibility in the US-Colombia Free Trade Agreement to adopt a general public interest limitation and exception that can authorize future uses of copyright content that might not be envisioned today but that nevertheless would be fair under the standards of all international copyright laws.

EIFL’s Review of ‘Fairness’ in Partner Countries’ Copyright Laws

[Teresa Hackett] In celebration of Fair Use/Fair Dealing Week, EIFL has surveyed copyright laws in partner countries that reflect the concept of ‘fairness’ in the use of copyright protected material. Language on the fairness of permitted uses for purposes such as education, research, criticism or review can be found in the laws of over half of EIFL’s partner countries across 19 countries in Africa, Europe and Asia-Pacific, highlighting the important role of equity in access to information.

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?

[Ariel Katz] According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian (or Commonwealth) fair dealing doctrine: while American fair use can apply potentially to any purpose, Canadian fair dealing could only apply to those purposes enumerated in the statute. Accordingly, fair dealing cannot apply to dealings for other purposes even if they would otherwise be fair. This conventional wisdom is false.

How Copyright Law Is Holding Back Australian Creators

[Kylie Pappalardo and Karnika Bansal] Australian creators struggle to understand copyright law and how to manage it for their own projects. Indeed, a new study has found copyright law can act as a deterrent to creation, rather than an incentive for it. Interviews with 29 Australian creators, including documentary filmmakers, writers, musicians and visual artists, sought to understand how they reuse existing content to create. It considered issues such as whether permission (“licences”) had been sought to reuse copyrighted content; the amount of time and cost involved in obtaining such permissions; and a creator’s recourse if permission was either denied or too expensive to obtain.

EIFL RESPONDS TO IRISH MARRAKESH CONSULTATION

[Electronic Information for Libraries] In December 2017, the Irish government issued a public consultation on transposition into national law of European Union (EU) Directive 2017/1564 implementing the Marrakesh Treaty for persons with print disabilities. Irish transposition of the Directive could serve as a model not only for other EU member states, but also for EU candidate countries and potential candidates.