Category US Domestic Legislation

Communia Analysis of the Croatian proposal to implement the new education exception

[Timotej Kotnik Jesih and Maja Bogataj Jančič] In the last months, a few governments shared their proposals to adapt their national laws to the requirements of the Copyright in the Digital Single Market Directive, including to Article 5 of the Directive, which sets new minimum standards for the digital and cross-border use of copyright materials in education. Similarly to what we did with the Dutch, the German and the Hungarian proposals, we will keep tracking how these countries are proposing to implement this mandatory exception to copyright for educational purposes. Today, we provide an overview of the Croatian proposal.

IFLA submits comments on Canada, Singapore copyright reforms

[International Federation of Library Assocaitions] IFLA has contributed to consultations on reforms to copyright laws in Canada and Singapore, making recommendations designed to give the best possible opportunities for libraries and their users to access and use information. In addition to its work at the World Intellectual Property Organization, IFLA has a strong focus on supporting copyright reforms at the national level that libraries to fulfil their missions. Through sharing good practices from other countries, we aim to increase the possibilities for libraries to carry out key activities in support of preservation, research, education and cultural participation.

Resolution supporting the TRIPS waiver proposal introduced in the Korean National Assembly

[Heesob Nam] Knowledge Commune, in collaboration with the Justice Party, successfully mobilized the members of the National Assembly of the Republic of Korea to introduce this resolution... Recognizing that in this hyper connected global community COVID-19 pandemic can only be put an end by vaccination in every country, not in certain countries; Confirming that addressing of vaccine inequality is the key for ending COVID-19 pandemic; Recognizing that high income countries acquired two-thirds of the vaccine supply, accelerating vaccine inequality, and if this continues we have to wait until 2022 for herd immunity in low- and middle- income countries, which is estimated to produce an economic loss of UDS 9.2 trillion globally; Click here for more.

Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension

[Michael Geist] After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). As part of that agreement, Canada obtained a 30 month transition period that would allow for consultation on how to implement the copyright term obligation. That consultation was launched late yesterday, with the two departments responsible for copyright – ISED and Canadian Heritage – launching the consultation and a consultation document. The consultation period is very short with responses due by March 12, 2021. The department says that all responses will be made available online once the consultation is concluded.

CASE Act: Good or Bad News for Filmmakers?

[AU Center for Media and Social Impact] In December, the CASE Act (for Copyright Alternative in Small-Claims Enforcement) was quietly slipped into must-pass legislation. Pushed heavily by large copyright holders and batted down by copyright-flexibility advocates for years, it is now law. It could affect how creators of all kinds, including filmmakers, experience the employment of fair use in practice.

On Feb. 5, the Center for Media & Social Impact in conjunction with its partners—University Film and Video Association’s Documentary Working Group, D-Word, International Documentary Association, Dallas Videofest, and AU’s School of Communication, hosted a webinar, “What Does the CASE Act Mean for Filmmakers and Fair Use?” The recorded livestream of the webinar is available on the School of Communication’s YouTube channel.

Australian Link Code May Violate Berne Convention and Provoke Trade Litigation

[Jonathan Band and Sean Flynn] Next week, the Australian Parliament is set to vote on the “News Media and Digital Platforms Mandatory Bargaining Code” (“Code”). The Code has been a top lobbying priority of Rupert Murdoch’s News Corp, which dominates the news industry in Australia. The Code is incredibly worrisome from an international copyright law perspective, as it is the latest attempt to tax quotation rights protected by the Berne Convention. According to a newly published analysis by two leading international copyright scholars, enactment of the Code would likely violate Article 10(1) of the Berne Convention.

Australian Copyright Law Impedes the Development of Artificial Intelligence: What Are the Options?

[Rita Matulionyte] Abstract: Artificial Intelligence (AI) is an emerging technology that has a huge potential in contributing to the Australian economy and addressing economic and social problems in society. However, Australian copyright laws are likely to impede the development of AI, and machine learning in particular, by requiring authorization every time when copyrighted content is used in machine learning processes.

Austrian Article 17 proposal: The high road towards implementation?

[Paul Keller] So far there we have seen two different approaches to implementing Article 17 into national copyright legislation. On the one hand, we have countries like France, the Netherlands, or Croatia who have presented implementation proposals that stick as closely as possible to the language and the structure of Article 17 while implementing its provisions within the structure of their existing copyright acts. In doing so these implementations essentially kick the can down the road with regards to figuring out how the conflicting requirements to filter (17(4)) and requirements to ensure that legal uploads are not filtered out (17(7)) can be reconciled. In the end, none of these implementation proposals offer a convincing mechanism for ensuring that creators get remunerated and that users’ rights are not violated. On the other hand, we have the German approach that proposes to implement Article 17 via a separate “copyright-service-provider law” (“Urgeberrechts Diensteanbieter Gesetz”) that substantially departs from the language in an attempt to capture the structure and effet utile of the directive. Click here for more.

The Sale of Bob Dylan’s Catalogue and Reversion Rights in South Africa

Universal Music Publishing Group’s purchase of the copyrights to 600 of Bob Dylan’s songs for over $300 million demonstrates the importance of reversion rights to artists. In many countries, a creator who assigns his copyright to a publisher has an opportunity to recapture her rights at some point in the future. These “reversion” or “termination” rights recognize that early in the artist’s career, she has little bargaining strength, and may enter into a one-sided deal favoring the publisher. These reversion rights apply regardless of the contract the artist may have signed with the publisher.

12 South African Civil Society Groups Demonstrate for COPyright Reform on UN International Human Rights Day

On December 10, International Human Rights Day, twelve South African civil society groups called on the government to modernize its copyright law. The groups led a march from the Department of Trade and Industry to the Union Buildings and delivered a memorandum demanding the passage of copyright reform to protect vital rights.

Researchers, librarians, filmmakers and teachers are waiting for the copyright reforms the government has promised

[Kylie Pappalardo] In August, the communications minister announced a series of changes to copyright laws to “better support the needs of Australians and public institutions to access material in an increasingly digital environment”. These changes are long overdue. But the year is ending, and we are yet to see the legislation. The most important change is to ensure access to so-called orphan works.

HOW South Africa’s COPYRIGHT BILL WOULD BENEFIT CITIZENS DURING COVID

South Africa’s Copyright Amendment Bill had been sitting on the desk of President Cyril Ramaphosa for over a year, waiting to be signed into law. But instead of signing the bill, the President returned it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. If enacted, the bill would have helped teaching, learning and research during COVID-19 lockdowns. Instead South Africans are forced to struggle under the current, outdated law. EIFL guest blogger Denise R. Nicholson, Scholarly Communications Librarian, University of the Witwatersrand, Johannesburg, discusses challenges and issues.