Category Domestic Policy

Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Art. 5 CDSM Directive

[Giulia Priora, Bernd Justin Jütte & Péter Mezei] Abstract: Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching. The pressing need for such a legislative reform was confirmed by the outbreak of the COVID-19 pandemic, which dramatically moved teaching environments to online platforms.

The Liability of Internet Service Providers for Copyright Infringement in Sri Lanka: A Comparative Analysis

[Justice Dr. Ruwan Fernando] There are laws in force in many countries to limit the liability of an ISP for the infringement of copyright that takes place on its networks. An ISP in Sri Lanka may not enjoy the same privilege for the infringement of unauthorised material initiated by its users or third parties on their networks. The current law is unlikely to provide adequate protection for the legitimate activities of ISPs in an attempt to minimize the vulnerability against copyright infringement claims.

Intellectual Property and the African Continental Free Trade Area: Lessons and Recommendations for the IP Protocol

[Caroline B. Ncube] Abstract: This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement... This paper frames the IP protocol within the architecture of the AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so established, the paper considers the substantive aspects that ought to be addressed. It also considers provisions on technical assistance, capacity building and cooperation.

Webinar on Artificial Intelligence, Text- and Data Mining, and Big Data in Kenya

[Electronic Information for Libraries] EIFL is delighted to partner with the Kenya Copyright Board (KECOBO) for a webinar on emerging technologies of Text and Data Mining (TDM), Artificial Intelligence (AI), and Big Data. The webinar is organized in cooperation with the Kenya Libraries and Information Services Consortium (KLISC), EIFL’s partner in Kenya, and the Right to Research in International Copyright Law project.

MARRAKESH TREATY: GETTING THE DETAILS RIGHT

[Electronic Information for Libraries] By the end of 2021, over 100 countries had joined the Marrakesh Treaty for persons with print disabilities, confirming its place as WIPO’s most successful treaty of recent times. In most countries, the next step in the legal process is for the treaty’s provisions to be implemented into national law (known as domestication), typically by introducing new exceptions in the copyright law, or by amending existing exceptions to ensure that they are Marrakesh-compliant. While national implementation can take time, it is a vital part of the legal process. Once completed, beneficiaries such as blind people can start to make practical use of the treaty, and libraries can step up their services to deliver materials into the hands of print-disabled readers.

The Implementation of Art. 17 DSM-Directive in Germany: A Primer with Some Comparative Remarks

[Matthias Leistner] Abstract: The implementation of the DSM-Directive in the European Member States is underway.... In regard to Art. 17, two basic models have emerged. Many Member States, in particular France, closely follow the wording of the Directive with only rather minor differences concerning the legislative technique and certain details, such as the definition of the OCSSPs. By contrast in Germany, the legislator, on the basis of an historic and contextual interpretation as well as interpretation in conformity with fundamental rights, has enacted a different system. Art. 17 is implemented in a balanced way providing for ex ante safeguards during the blocking and stay down procedure for certain contents which are not manifestly infringing (minor contents, user generated contents) and therefore regarded as presumably authorized by law. This effectively amounts to a collectively remunerated notice and delayed takedown system for such presumably legal contents.

South Africa’s COPYRIGHT BILL: KEY POLICY OBJECTIVE AT RISK

[Electronic Information for Libraries] In December 2021, the National Assembly’s Portfolio Committee on Trade and Industry called for public submissions and comments on new, substantive amendments to the Copyright Amendment Bill [B13B-2017], based on inputs from the previous public consultation in June 2021. The wide scope of the proposed amendments surprised many stakeholders because the previous consultation was clearly limited to certain, specific issues contained in reservations by the President on the constitutionality of some sections of the Bill. Instead, the new amendments effectively frustrate the exceptions enabling quotations, reporting of current events, translation, personal use, as well as activities of libraries and archives, including lending, access to digital works, making preservation copies, format-shifting and inter-library document supply.

Submission to South Africa on Copyright Amendment Bill, re: Proposed Removal of “Research” As Specifically Listed Purpose Allowed Under Fair Use

[Sean Flynn] We write on behalf of the Project on the Right to Research in International Copyright, which is an activity of the Global Expert Network on Copyright User Rights. We write to advise that Parliament not eliminate “research” from among the specifically enumerated purposes for which the fair use exception in Section 12A may be applied, and to add a reference to “computational analysis” as a permitted purpose.

Protection of Copyright and Accessing Education Materials at Low Prices: Finding a Sustainable Solution for Bangladesh

[Mohammad Towhidul Islam and Moniruz Zaman] Abstract: This research article explains the intricate relationship between the copyright law and education and finds out that ‘the rudimentary hurdle’ posed by copyright as depicted in writings of intellectual property scholars like James Boyle is the cost of learning materials compared to the affordability in developing countries and LDCs. It also tries to strike a balance between copyright protection and access to education materials in an LDC like Bangladesh. While outlining the periphery of copyright protection, this article considers the scenario of the Bangladeshi book shops. It largely suggests that a ‘fairness’ model for the copyright landscape of Bangladesh can promote access to education and learning. Finally, this article concludes by illuminating new strategies for accessing education materials at low prices.

European Copyright Society Comment on Copyright and the Digital Services Act Proposal

[Alexander Peukert, Martin Husovec, Martin Kretschmer, Péter Mezei and João Quintais] Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. This practice will become subject to numerous due diligence obligations under the proposed Regulation on a Single Market For Digital Services (Digital Services Act, DSA), which also covers copyright infringing content. In this Comment, the European Copyright Society (ECS) takes the opportunity to share its view on (1) the relationship between the EU copyright acquis and the DSA and (2) on further selected aspects of the DSA from a copyright perspective.

Taiwan: Executive Yuan Council Passes Draft Amendments to Copyright Act and Copyright Collective Management Organization Act

[Taiwan Intellectual Property Office] In order to accommodate the rapid growth of both digital technology and the Internet, TIPO has drafted an amendment to the Copyright Act. The proposed changes factor in both international treaty provisions and the copyright systems of those countries that are ahead of the curve. With the addition of 9 articles and the revision of 37, this would be the biggest revamp of the Act in 20 years. Another law up for amendment is the Copyright Collective Management Organization Act. TIPO hopes that changes to this statute will ensure a fairer and more effective licensing market—one in which works can be easily circulated and used, and one where the rights and interests of copyright owners are fully protected. Having been reviewed by the Executive Yuan Council on April 8, 2021, both drafts will now be submitted to the Legislative Yuan for further deliberation.

EU Copyright 20 Years After the InfoSoc Directive – Flexibility Needed More Than Ever

[Martin Senftleben] EU copyright legislation has cultivated the constraining function of the three-step test known from Article 9(2) of the Berne Convention, Article 13 TRIPS and Article 10 of the WIPO Copyright Treaty. Instead of transposing into EU law the dualistic concept of these international provisions – the enabling function that creates room for the adoption of copyright limitations at the national level as well as the constraining function that sets limits to domestic copyright limitations – Article 5(5) of the 2001 Information Society Directive and Article 7(2) of the 2019 Digital Single Market Directive reduce the three-step test to the constraining function that further restricts copyright limitations and exceptions (L&Es) which are circumscribed precisely anyway.