Category Domestic Policy

Rising Middle-IP Powers Dissolving the North/South Polarisation in the International IP System

[Ruth Knoblich and Tobias Schonwetter] Academia and the public have long been focusing on the North/South power asymmetries in the international IP regime. Two decades after the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into effect at the beginning of 1995, it is now becoming obvious, however, that rising economies such as Brazil, India, China and South Africa emerge as a cross-cutting group of players that may help, going forward, to dissolve the North/South polarisation in the international IP order. Firstly, these countries make full use of the existing international IP system: They design their national IP law in compliance with the TRIPS minimum standards for protection, while counterbalancing these standards by strategically utilising (and testing the boundaries of) the TRIPS flexibilities available to them. Secondly, emerging economies have also begun to successfully influence the international system of IP law and policy-making itself to better reflect their interests and needs.

Balancing Education and Copyright – Reflections after Conference on Copyright in Higher Education and Research

[Katarzyna Strycharz] MEP Axel Voss, rapporteur of the draft Directive on copyright in the Digital Single Market, did not expect this dossier to be so controversial. And issues relating to the educational sector are not an exception. With these words, the Eurodeputy began his speech at last week’s high-level conference, “A better copyright for quality higher education and research in Europe and beyond”. The conference was organized jointly in Brussels by the European Trade Union Committee for Education (ETUCE), the European Federation of Education Employers (EFEE)and COMMUNIA Association.

IFLA Sends Comments to the Senate of the Republic of Colombia on Copyright Reform

[International Federation of Library Associations] Colombia is now in the process of reforming its copyright law (Ley 23 de 1982). In view of this reform and of the debate at the Comisión Primera of the Honourable Senate of the Republic of Colombia, IFLA submitted written comments and suggestions for specific changes to the Bill. For the preparation and submission of comments, IFLA collaborated with the Fundación Conector and had the support of the Colegio Colombiano de Bibliotecología (ASCOLBI).

Defend Text and Data Mining in Europe

[Electronic Information for Libraries] European legislators should defend Europe’s ability to generate opportunities using the power of data analysis, not drive researchers to other parts of the world that have more supportive legal frameworks. That’s the strong message in an open letter sent to members of the European Parliament’s Legal Affairs Committee by 28 organizations, including EIFL, from the public and private sectors representing universities and research organizations, journalists, large technology companies and start-ups, as well as libraries.

My CRTC Submission on the Bell Coalition Site Blocking Plan: Why it is Disproportionate, Harmful, and Inconsistent With Global Standards

The CRTC’s deadline for submissions on the Bell coalition website blocking plan closed last week, with more than 10,000 people and organizations filing directly with the CRTC. The interventions including a warning from the U.N. Special Rapporteur for Freedom of Expression that the blocking plan “raises serious inconsistencies” with Canada’s human rights obligations, fears from ISPs that the plan will increase Internet costs for consumers, expert analysis on the technical risks of site blocking, and detailed reviews of the many problems with the plan. My submission has not yet been posted online, but is available in full here.

This Is Not How You Make Copyright Reform! Report from the Copyright Action Days

[Communia Association] Last week more than a hundred of copyright reform activists got together in Brussels for the the European Copyright Action Days to make it clear to EU lawmakers that the copyright reform effort that is currently being discussed in the European Parliament and the European Council is not good enough. In a series of events organized by Copyright 4 Creativity, Create.Refresh, Communia and others, activists and other stakeholders discussed the shortcomings of the current reform proposal as well as ideas for a more future-proof overhaul of the outdated EU copyright system.

New Era for Copyright in Kyrgyzstan: Secondary School Children and People with Print Disabilities Benefit from the New Copyright Law

[Electronic Information for Libraries] In March 2017, the law on copyright and related rights of the Kyrgyz Republic was amended to include important changes for the benefit of libraries, educational institutions and persons with print disabilities. There are also new provisions safeguarding access to works created through public funds. EIFL warmly welcomes the changes that, taken together, herald a new law that is people-centred, pragmatic and puts education and development at the centre of copyright law and policy.

‘This Video is Unavailable’: Analyzing Copyright Takedown of User-Generated Content on Youtube

[Kris Erickson and Martin Kretschmer] This research investigates factors that motivate takedown of user-generated content by copyright owners. We study takedowns within an original dataset of 1,839 YouTube music video parodies observed between January 2012 and December 2016. We find an overall rate of takedowns within the sample of 32.9% across the 4-year period. We use a Cox proportional hazards model to investigate the factors that lead to removal of videos. The variables analysed include commercial substitution, artistic/moral concerns, cultural differences between firms and YouTube uploader practices. The main finding is that policy concerns frequently raised by rightholders are not associated with statistically significant patterns of action.

Congress Funds $5 Million Open Textbook Grant Program in 2018 Spending Bill

[Nicole Allen, SPARC] Update: The FY18 omnibus appropriations bill was signed into law on March 23, 2018, including the $5 million open textbook grant program. In a landmark victory for the Open Education movement, the U.S. Congress has included funding for a $5 million open textbook grant program in the Fiscal Year 2018 omnibus appropriations bill unveiled today. This marks the first major investment by Congress explicitly in open educational resources(OER) as a solution to the high cost of college textbooks, and underscores that course materials are a significant factor in making higher education affordable.

Communia Association: Our study “Educational Licences in Europe” is out now

[Teresa Nobre] The European Union is coming closer to approving a mandatory educational exception that may address some of the limitations copyright law places on everyday educational activities. However, the current proposal for a Directive on Copyright in the Digital Single Market would allow licences that are easily available in the market to take precedence over the educational exception. Our new report “Educational Licences in Europe“, covering the analysis of 10 agreements in Finland, France, and the United Kingdom, shows that educational licences contain terms and conditions disadvantageous to schools:

PIJIP Letter to Colombian Government on Art. 14 of the Proposed Copyright Reform

... We write today to offer our views on Article 14 of the proposed Copyright reform dealing with limitations and exceptions. Our central concern is that Colombia take advantage of the flexibility in the US-Colombia Free Trade Agreement to adopt a general public interest limitation and exception that can authorize future uses of copyright content that might not be envisioned today but that nevertheless would be fair under the standards of all international copyright laws.

Project Gutenberg Blocks Access In Germany To All Its Public Domain Books Because Of Local Copyright Claim On 18 Of Them

[Glyn Moody] Project Gutenberg, which currently offers 56,000 free ebooks, is one of the treasures of the Internet, but it is not as well known as it should be. Started in 1991 by Michael S. Hart, who sadly died in 2011, Project Gutenberg is dedicated to making public domain texts widely available. Over the last 25 years, volunteers have painstakingly entered the text of books that are out of copyright, and released them in a variety of formats.