Category Domestic Policy

Is This the End of Free Streaming? The Role of Internet Service Providers in Copyright Infringement

[Anca Cazacu] Abstract: Copyright in Ireland is is protected by legislation Copyright and Related Rights Act 2000. But is the current legislation sufficient to cover the fast development of sharing online information? In this paper I have analysed how Internet Service Providers have been affected by recent changes in Irish Copyright Law and how have the Irish Courts decided to grant injunctions against a third party. I also discussed and showed examples of how breaches of Copyright have been applied in other European and US jurisdictions.

Analysis of the Proposed TPP-Related Patent Linkage System in Taiwan

[Ping-Hsun Chen] Abstract: The Trans-Pacific Partnership (“TPP”) Agreement mandates member states to implement a patent linkage system vested in Article 18.53. To successfully join the TPP Agreement, Taiwan has begun the legislation of a patent linkage system by proposing an amendment for the Pharmaceutical Affairs Act. Article 18.53 requires a member either to adopt a notification mechanism under Paragraph 1 or to stay the issuance of marketing approval under Paragraph 2. But, Taiwan’s proposal includes both measures.

Nigerian Copyright Reform and Implications for Access to Teaching and Learning Materials (TLMs) in the Digital Age

[Helen Chuma-Okoro] Abstract: This article examines the extent to which the provisions of Nigeria’s draft Copyright Bill promote access to teaching and learning materials (TLMs), with such access framed as an important public interest goal. The article highlights the weaknesses in the extant Nigerian copyright statute with regard to TLM access, and examines the extent to which the provisions of the draft Bill would provide improvement. The article concludes that while the draft Bill provides significant improvements in respect of TLM access, it also contains significant weaknesses and gaps which Nigerian lawmakers should seek to address.

Statement by ReCreate South Africa on the passing of the Copyright Amendment Bill

ReCreate South Africa welcomes the passing of the Copyright Amendment Bill by the National Assembly. This historic move provides clear guidelines and balance between the rights of creators and users. ReCreate South Africa notes the lengthy consultative approach adopted by Parliament’s Portfolio Committee on Trade and Industry. We applaud the passage of a bill that serves creator interests by respecting three key rights to enable us to create the next generation of South African content for the world

Drama in South Africa Leads to Passing Fair Use

It was a day of copyright drama in the South African Parliament on the anniversary of Nelson Mandela’s passing. The National Assembly was considering the Copyright Amendment Bill in the full chamber.  ...When the votes were taken, parties representing an overwhelming majority of the MPs had endorsed the bill, but it came up 12 votes short of what was needed to pass it on to the Council of the Provinces (the second house). The battle for copyright reform in South Africa appeared lost until the new year. But hours later the drama continued. After passing a new performers protection bill, more MPs from the ANC were whipped to join the chamber and the Copyright Amendment Bill was passed on a second vote.

Promoting Education Rights In South African Copyright Reform

[Eve Gray and Desmond Oriakhogba] The publishing industry is making a mad dash to defeat South Africa’s adoption of a fair use rights in Parliament on Wednesday. Their latest effort includes an alarmist petition being circulated among authors.  It is interesting to note that, while one of the most persistent and loud complaints in these protests has been that the drafting of the new legislation was badly handled, our perception, along with a number of experienced observers in the process, has been that the level of discussion and debate; the degree of participation and engagement of government representatives; and the consensus on the needs to be addressed, was of a higher standard and the debate much better informed than in previous such attempts at reform over the past decades.  It should also be noted that, while it is true that international publishers might have much to lose in the new law, local publishers, authors and students have much to gain. It is time to lower the heat and concentrate on the facts and context of what is before Parliament.

Defending Fair Use In South Africa

[Sean Flynn, Peter Jaszi, and Michael Carroll] On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. The publishing industry is marking the occasion by circulating an alarmist petition that the legislation will have a “direct and detrimental impact on all South African authors.” Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” . It is certainly time for a little light to go with the heat.

New Database Documents the Power of TRIPS Flexibilities

[Ellen 't Hoen] Medicines Law & Policy has published an on-line database of instances of the use of TRIPS flexibilities in public health contexts, titled the TRIPS Flexibilities Database. The publication of the TRIPS Flexibilities Database merits sharing a bit of its history because it has been a work in progress for some time. The database includes cases of actual use of TRIPS flexibilities and instances in which countries planned or threatened to use them.

Canadian Copyright Reform– Maintaining Copyright’s Legitimacy and Credibility for the 21st Century

[Pascale Chapdelaine] Professors Pascale Chapdelaine and Myra Tawfik, and nine other Canadian intellectual property scholars [1] recently co-signed a brief submitted to the Standing Committee on Industry, Science and Technology in the context of the Statutory Review of the Copyright Act. [2] Animated by guiding principles of the need to maintain a balanced, distinctly Canadian copyright system, and to steer clear of “copyright exceptionalism,” the brief contains several recommendations of amendments to the Act. Here are excerpts from the brief and a summary of its key elements....

Communia Endorses Treaty on Education and Research, And Asks Others to Follow Suit

[Teresa Nobre] Communia has endorsed the Civil Society Proposed Treaty on Copyright Exceptions and Limitations on Education and Research Activities (TERA), and asks others to follow suit, ahead of the 37th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR). SCCR/37 will take place from 26 – 30 November in Geneva, and civil society advocates will propose that the treaty’s provisions be considered as a model for future text-based work by the committee... The proposed treaty aims to establish minimum standards for copyright exceptions for educational and research purposes, while at the same time affording countries significant flexibility in how to implement these obligations.

Why ‘Fair Use’ Is So Important for South African Copyright Law

“Fair use” is a doctrin adopted by some countries that permits the use of copyright material like books, journals, music and art work – without requiring permission from the copyright holder. It provides a balance between the just demands of rights-holders and the need for people to use copyright material for education, research, in libraries and archives.

Facilitating Wider Access to Europe’s Cultural Heritage in the Digital Environment: Opinion of the CEIPI on the European Commission’s Copyright Reform Proposal, with a Focus on Access to Out-of-Commerce Works

[Christophe Geiger, Giancarlo Frosio and Oleksandr Bulayenko] The Proposal for a Directive on Copyright in the Digital Single Market aims at facilitating wider access to Europe’s cultural heritage through the introduction of inter alia a mechanism enabling the use of out-of-commerce works by cultural heritage institutions in the digital environment. After examining the key elements of this mechanism, this Opinion critically discusses the definition of the scope of search required for establishing the out-of-commerce status of works, the requirement of the representative character of collective management organisations and the non-application of the mechanism to third-country works.