Category US Domestic Legislation

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.

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.

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.

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.

A Review of Copyright Exceptions for Quotation – How Often Do Laws Include “Permitted Purposes?”

[Mike Palmedo and Margarita Gorospé] In April 2019, IIPA petitioned USTR to review South Africa's GSP benefits, alleging it fails to provide "adequate and effective" protection of copyrighted works... IIPA notes the following concern with the quotations exception in South Africa's Copyright Amendments Bill: "Section 12B(1)(a) provides a broad and circular exception for quotation, permitting any quotation provided that 'the extent thereof shall not exceed the extent reasonably justified by the purpose,' but without enumerating the permitted purposes, for example, criticism and review." However, this type of language is not uncommon.

Germany sets bad example with the proposed implementation of the new education exception

[Teresa Nobre] A few weeks ago, the German government shared its proposal for the implementation of some of the provisions of the new Copyright in the Digital Single Market Directive, including the new EU education exception (Article 5 in the final version of the Directive). Similarly to what we did with the Dutch proposal, we will provide here an overview of the German proposal to implement locally the new exception. This is part of our effort to track how countries across Europe implement this mandatory exception to copyright for educational purposes.

Post-Hearing Statement to USTR, re: Generalized System of Preferences Review of South Africa

[Sean Flynn and Peter Jaszi] This statement provides additional information in regard to the complaint by IIPA against South Africa in both the GSP docket... As explained by the many participants in the public hearing, all of the issues complained about in the Copyright Amendments Bill (CAB) have analogues in U.S. law or in the law of other countries that have not been challenged by the U.S. (including in the Special 301 process or in any WTO or other trade forum). Accordingly, sanctioning South Africa for these rules would lack a “general” basis and could also be considered arbitrary and capricious under the Administrative Procedures Act.

Testimony to Special 301 Committee, Responding to IIPA’s Request to Place South Africa on the Priority Watch List

IIPA has asked you to list South Africa on the second highest designation – on the Priority Watch List... USTR has not listed South Africa, or any Sub-Saharan African country, on any 301 list dating back to 1999. This should raise two key questions for you. What changed after 1999? What has happened since that would justify USTR altering its judgment?

Post-Hearing Statement to USTR, re: Generalized System of Preferences (GSP) Review of South Africa

[Sean Flynn and Peter Jaszi] This statement provides additional information in regard to the complaint by IIPA against South Africa in both the GSP docket... As explained by the many participants in the public hearing, all of the issues complained about in the Copyright Amendments Bill (CAB) have analogues in U.S. law or in the law of other countries that have not been challenged by the U.S. (including in the Special 301 process or in any WTO or other trade forum). Accordingly, sanctioning South Africa for these rules would lack a “general” basis and could also be considered arbitrary and capricious under the Administrative Procedures Act.

User Rights Network Members File Comments to USTR on the GSP Review of South Africa

PIJIP has created a page for comments submitted by members of the User Rights Network to the U.S. Trade Representative for its GSP Country Practice Review of South Africa. This review is being conducted in response to an IIPA petition critical of South Africa's Copyright Amendments Act.