Category Domestic Policy

Towards a European ‘Fair Use’ Grounded in Freedom of Expression

[Christophe Geiger and Elena Izyumenko] Abstract: It is often claimed that an open-ended provision for copyright limitations such as the US fair use clause would be unfit for civil law countries because of their author-centered traditions of copyright law and their traditional skepticism towards “judge made law” encouraged by open norms. However, the rising application in those countries of fundamental rights by the judiciary to solve copyright cases (mainly based on freedom of expression and information) and the balancing of interests it requires resemble in many aspects the practice of common law jurisdictions and the weighing of factors typically done in the context of a fair use analysis.

South Africa Creators, Access Advocates Rally To Support Copyright Bill And Dispel Myths

A broad coalition of creators and access to knowledge advocates have petitioned the President of South Africa to urgently sign the Copyright Amendment Bill before him. The petition (https://www.re-createza.org/) is endorsed by organizations representing over half a million South African creators, teachers, people with disabilities and others who rely on copyright access and protection. It calls for the President to sign the Bill “without delay,” including to enact into copyright law “a transformative vision for a more equal and just society.” The petition is the latest step in a decades long campaign to enact development- focused copyright reform that is sensitive to South Africa’s particular social and economic context.

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Schools and universities are shifting to the use of digital resources - including to online E-reserves, E-Books and other forms of digital distribution. Collective (blanket) licensing, which for years has charged schools for making analogue reproductions of excerpts of printed works for use in printed course packs has declined in value and usefulness as education invests in digital licensing that offers enhanced access and reproduction rights. To facilitate the shift that benefits all stakeholders, legal rules must reflect emerging practices in which blanket licences compete in the market with alternative licensing models. One answer, represented by Canada, is a mix of broader copyright exceptions for the use of excerpts for educational purposes combined with a shift in educational spending toward buying and licensing more digital works and digital uses of works.

Tuberculosis Innovation Approaches in South Africa and Strategies to Secure Public Returns

[Fix the Patent Laws] Today, Fix the Patent Laws is launching a report of findings from an analysis of tuberculosis research and development (R&D) underway in South Africa. The analysis was conducted to gain greater insight into the TB innovation landscape in South Africa, the role of public financing in driving and supporting innovation, as well as expectations of public returns (I.e. affordable, user friendly health technologies) from R&D efforts and expenditure, and strategies employed to promote public returns. The analysis also sought to gain greater insight into opportunities and challenges to employing alternative innovation models in South Africa that do not result in access inhibiting patent monopolies.

“Let’s Spark a Global Dscussion on Copyright Exceptions for Education and Research!

[David Edwards] Today it’s World Intellectual Property Day – a good day to remind us that it’s time to reform copyright law. We need action to change copyright systems that are hindering free expression and failing to promote diverse and prosperous societies for the benefit of all. Copyright legislation has a major impact on daily teaching and learning activities at all levels of education – from early childhood to higher education.

Joint Civil Society Letter to the President of South Africa on the Copyright Amendment Bill

[ReCreate South Africa] We welcome the passing of the Copyright Amendment Bill by both the National Assembly and the National Council of the Provinces and encourage you to sign the Bill into law without delay. The Bill has undergone a lengthy consultative process at the various stages and is a good reflection of a transformative vision for a more equal and just society. The Bill also brings South African legislation in line with international treaties.

Global Discussions on Exceptions and Limitations to Copyright for Libraries Continue

[International Federation of Library Associations] It’s time to look back at a of week global discussions on copyright at the World Intellectual Property Organisation (WIPO). There were useful new reports and materials, signs of consensus on all sides that exceptions and limitations are an essential part of the copyright framework, and further proof that action is needed to allow libraries to work across borders.

Bermuda Triangle – Licensing, Filtering and Privileging User-Generated Content Under the New Directive on Copyright in the Digital Single Market

[Martin Senftleben] Abstract: The new EU Directive on Copyright in the Digital Single Market creates a peculiar triangle of obligations to license, filter and privilege user-generated content (UGC). As it abolishes the traditional safe harbour for hosting in the case of copyrighted content, it may lead to the disappearance of the open, participative internet which EU citizens currently enjoy. To avoid the loss of open, democratic avenues for online content creation, national lawmakers will have to find the right amalgam of licensing and filtering obligations on the one hand, and new use privileges that offer room for user-generated content without prior authorization on the other.

Affordable College Textbook Act Reintroduced in U.S. Congress

[Scholarly Publishing and Academic Resources Coalition] SPARC..., an international alliance of academic and research libraries working to broaden access to knowledge, today applauded the reintroduction of the Affordable College Textbook Act in the U.S. Congress. The bill aims to make higher education more affordable for students by expanding the use and awareness of open educational resources (OER) — high quality academic materials that can be freely downloaded, edited and shared to better serve all students.

The Loss of Archival Material at the National Museum

On September 2nd, 2018, Brazilians followed with shock news of the fire at the National Museum. Most of the scientifically and culturally invaluable artifacts were destroyed. 200 years of memories and science went up in flames. Initial estimates indicate that 90% of collection was lost, an irreparable damage to our culture and knowledge.

Is the FDA Misleading Congress About the Safety of Imported Medicines?

The one issue that unifies our divided America is the high cost of prescription drugs... On of the solutions currently working its way through Congress would permit patients to obtain lower-cost medication from pharmacies in Canada and other countries, where drug prices are frequently as much as 80 percent lower than those at US pharmacies. Americans haven’t waited for Congress to act, however: Despite the fact that it’s federally prohibited under most circumstances, an estimated 19 million Americans have already imported medicines for personal use because of cost.