Category US Domestic Legislation

Singapore’s Copyright Act 2021: New Exception for Computational Uses and Updates to Fair Use and Educational Exceptions

[Mike Palmedo] Singapore's new Copyright Act came into force on November 21. The law was amended to keep up with changes in ICT technology that affect the creation and consumption of copyrighted works. The Intellectual Property Office of Singapore has posted a good overview, and three more detailed descriptions... This post highlights three changes to the limitations and exceptions that may be of interest to InfoJustice's readers.

Kluwer Copyright Blog: Research Exceptions in Comparative Copyright Law

[Sean Flynn] Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. The Program on Information Justice and Intellectual Property’s recent report, Research Exceptions in Comparative Copyright Law, fills this gap.

The Complexity Dialectic: A 2021 Update

[Jonathan Band] In March 2015, I published The Complexity Dialectic: A Case Study From Copyright Law, where I argued that the nature of the U.S. political system encourages increasingly complex regulatory frameworks, which benefit those with more resources to navigate those frameworks. I used the triennial rulemaking under the Digital Millennium Copyright Act (“DMCA”) as a case study to demonstrate this point. I showed that the rule issued by the Librarian of Congress (upon the recommendation of the Copyright Office) had grown increasingly complex. The number of words in the exemptions increased from 35 words for two exempted classes of works in the 2000 rulemaking cycle to 1,172 words for five exempted classes in the 2013 cycle. The most recent set of exemptions continues this trend.

Librarian of Congress Adopts Research-Friendly Exemptions to Section 1201

[Jonathan Band] On October 27, 2021, the Librarian of Congress issued new exemptions to the prohibition on the circumvention of technological protection measures set forth in the 17 U.S.C. 1201. Several of these exemptions adopted in the triennial section 1201 rulemaking explicitly support research activities. Moreover, the 350-page recommendation of the Register of Copyright, on which the Librarian based the exemptions, provided a detailed analysis of the lawfulness of the underlying research activity necessitating the exemption. The National Telecommunications and Information Administration generally concurred with the Register’s recommendations. The exemptions and their supporting documents reflect the broad right to research in current U.S. copyright law.

Readability, Accessibility, and Clarity: An Analysis of DMCA Repeat Infringer Policies

[Amanda Reid] Abstract: Internet access is an essential service in the digital age, and internet service providers (ISPs) are a powerful choke point in the digital ecosystem. The Digital Millennium Copyright Act (DMCA) offers statutory safe harbor protection from copyright liability on the condition that an online service provider (1) adopts, (2) informs subscribers of, and (3) enforces a policy to terminate repeat infringers, in appropriate circumstances. This study examines the second condition, namely how well an ISP informs subscribers of its repeat infringer policy. Other research has analyzed platform policies, like privacy policies and end user license agreements. However, there has been no systematic analysis of ISP repeat infringer policies.

Nigeria quietly, but surely, embracing balance, openness and flexibility in her copyright regime?

[Desmond Oriakhogba] Sometime in 2012, Nigeria began the process of reforming her over three-decade old copyright law. The extant Copyright Act was enacted in 1988, with some amendments in the early and late 90s. The reform process led to the production of a Draft Copyright Bill (DCB), which was open for comments sometime in 2015 by the Nigeria Copyright Commission (NCC), to repeal the extant Act and re-enact a new Act in Nigeria.

Submission to Nigerian Copyright Office: Consultation on Copyright Amendment Bill

[Sean Flynn and Dick Kawooya] We are grateful for the opportunity to participate in Nigeria’s consultation on its copyright bill. Below, we present some of our research findings from PIJIP’s Project on the Right to Research in International Copyright relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). TDM is a critical element of numerous machine learning and “artificial intelligence” intelligence applications. Our research supports the adoption of the proposed open fair dealing exception for “research.” Our research also supports consideration of an additional specific exception for uses of works in TDM to supplement the proposed general fair dealing exception.

BLIND S.A. AND SECTION 27 CELEBRATE COURT ORDER DECLARING South Africa’s COPYRIGHT ACT UNCONSTITUTIONAL, AND ADVANCE TO CONSTITUTIONAL COURT FOR CONFIRMATION

BlindSA and SECTION27 welcome an order of the High Court of South Africa (Gauteng, Pretoria Division) declaring that the Copyright Act of 1978 is invalid for violating the rights of people who are blind or visually impaired. The case BlindSA v Minister of Trade, Industry and Competition (and others) was heard on the unopposed roll before Judge Mbongwe yesterday 21 September 2021, who made our draft order an order of the court. This is a massive victory for people who are blind or visually impaired, as well as learners with disabilities, who will now be able to access works under copyright in accessible formats more easily!

Case to #EndTheBookFamine to be heard 21 Sept 2021

[Section 27] BlindSA, represented by SECTION27, is going to court to fight for the rights of people who are blind or visually impaired by asking the court to amend the apartheid era Copyright Act for greater access to reading materials in accessible formats. The case will be heard in a virtual sitting of the High Court of South Africa (Gauteng Division) on 21 September 2021.

Submission to South African Parliament’s Portfolio Committee on Trade and Industry – RE: Copyright Amendment Bill [B13B – 2017]

[Global Expert Network on Copyright User Rights] We provide this comment on Clause 13, section 12A of the Copyright Amendment Bill [B13B-2017]. Section 12A is an open general exception for “fair use” of copyrighted works. This provision is largely an updating of South Africa’s current general exception for “fair dealing” with a copyrighted work. The primary improvements of Section 12A over the current fair dealing exception are (1) to open the list purposes to which the exception can apply by virtue of including the words “such as” before the list of authorized purposes, and (2) providing an explicit balancing test to determine whether a particular use is fair.

South Africa Parliament Calls for Comments on Fair Use

[Sean Flynn] South Africa Parliament’s Portfolio Committee on Trade and Industry has invited a further round of public comments on the Copyright Amendment Bill provisions to introduce fair use and expand limitations and exceptions for libraries, education and other public interest uses. The Committee invites submissions with reference on the expansions on the Bill’s provisions fair use and for other purposes in Sections sections 12 and 19. It also invites comments on additional sections of the Bill that may implicate the “alignment” of the Bill with the provisions of several international treaties.

Joint Academic Opinion on South Africa’s COpyright Amendment Bill (B-13B of 2017)

[Malebakeng Forere, Klaus D. Beiter, Sean M. Fiil-Flynn, Jonathan Klaaren, Caroline Ncube, Enyinna Nwauche, Andrew Rens, Sanya Samtani and Tobias Schonwetter] We offer the enclosed Joint Opinion on the President’s referral of the Copyright Amendment Bill back to Parliament. We address the President's reservations about the Bill’s constitutionality, as well his expressed concerns about the Bill’s domestic application of international law. We analyse each of, and only, the specific clauses in the CAB that are mentioned in the President’s letter. The question we ask and answer is whether Parliament should take action to bolster the constitutionality of any of the provisions identified in the President’s letter.