Category Limitations and Exceptions

WIPO’s missed opportunity to produce guidance on copyright exceptions hits education during pandemic

[Education International] A legal instrument on copyright exceptions for the use of materials for teaching, learning, research, and the work of cultural heritage organisations is still not available. According to Education International, the World Intellectual Property Organization (WIPO) missed an opportunity at its recent Standing Committee on Copyright and Related Rights (SCCR) to show leadership on this issue.

Copyright and COVID-19: Has WIPO learned nothing from the pandemic?

[Teresa Nobre] In November, Communia participated in the World Intellectual Property Organization’s (WIPO) 40th session of the Standing Committee on Copyright and Related Rights (SCCR), the most important forum at the global level for copyright rulemaking... Communia and other civil society observers were expecting the Committee to consider the impact that the COVID-19 pandemic has had on these public interest activities, and take appropriate action. However, WIPO member states had previously decided that, due to the format of the meeting, they would not engage in negotiations on any of the items on their agenda. Therefore, despite references to the problems caused by the pandemic in several Delegations’ statements, none put forward any proposal to deal with these issues. Click here for more.

Researchers, librarians, filmmakers and teachers are waiting for the copyright reforms the government has promised

[Kylie Pappalardo] In August, the communications minister announced a series of changes to copyright laws to “better support the needs of Australians and public institutions to access material in an increasingly digital environment”. These changes are long overdue. But the year is ending, and we are yet to see the legislation. The most important change is to ensure access to so-called orphan works.

Copyright limits and learning: lessons from the covid-19 quarantine

When the Covid-19 pandemic swept across the world in early 2020, most educational institutions from Dublin to Delhi were forced to close their classroom doors and take their teaching online. Textbooks were abandoned in student lockers and library books left untouched on shelves. Teachers had to pivot to remote delivery methods to ensure that students could successfully complete the ill-fated semester. But amidst the rapid move to Zoom Rooms, Course Moodles, home-recorded lectures, and posted PDFs, copyright restrictions reared their heads, casting into doubt the legality of the online learning practices that had suddenly become nothing short of necessary.

A Doha Declaration for COVID-19? Professor Calls for Positive Agenda at WIPO SCCR

[PIJIP] Covid-19 has forced schools and universities around the world to abruptly move online, necessitating the reproduction and sharing of works in the digital environment. Yet many nations' copyright exceptions for education fail to protect user rights online. In his statement before the 40th World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR), Professor Sean Flynn proposed a "Doha Declaration for Covid" to "explain and promote the current flexibilities in the international system, and encourage their expansive interpretation to fulfil human rights."

15 Years and a Pandemic Later: Are We THere Yet?

[Teresa Nobre] In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 40th session of the Committee, which is taking place in a hybrid format of in-person and online participation from 16 to 20 November 2020. The following is the statement made on behalf of Communia on limitations and exceptions for educational and research institutions and for persons with other disabilities.

Over 100 civil society organisations call on the European Parliament to support COVID-19 WTO waiver proposal

[Médecins Sans Frontières] On 19 November 2020, more than 100 civil society organisations, including MSF Access Campaign, sent an open letter to European Parliament calling for support for India, South Africa, Eswatini and Kenya´s landmark proposal for a temporary waiver from certain intellectual property (IP) provisions under the Agreements on Trade-related Intellectual Property Rights (TRIPS) for COVID-19 medical technologies.

Balanced Copyright in RCEP

The Regional Cooperation for Economic Partnership (RCEP), signed on November 15, 2020 by sixteen countries in the Asia Pacific region, includes language on copyright exceptions that builds on provisions that appeared in the Comprehensive and Progressive Trans Pacific Partnership Agreement (CPTPP) and the Korea US Free Trade Agreement (KORUS).

Exceptions as users’ rights in EU copyright law

[Maurizio Borghi] Abstract: The paper explores possible ways of construing copyright exceptions as users’ rights within the EU legal framework. It discusses some basic principles on the legal nature of exceptions, and then focuses more specifically on EU law and the jurisprudence of the Court of Justice of the European Union (CJEU). The paper shows that the CJEU has moved away from a strict interpretation of exceptions as “derogations” to general principles of copyright protection, towards recognition of exceptions as bearing autonomous legal status.

HOW South Africa’s COPYRIGHT BILL WOULD BENEFIT CITIZENS DURING COVID

South Africa’s Copyright Amendment Bill had been sitting on the desk of President Cyril Ramaphosa for over a year, waiting to be signed into law. But instead of signing the bill, the President returned it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. If enacted, the bill would have helped teaching, learning and research during COVID-19 lockdowns. Instead South Africans are forced to struggle under the current, outdated law. EIFL guest blogger Denise R. Nicholson, Scholarly Communications Librarian, University of the Witwatersrand, Johannesburg, discusses challenges and issues.

Comparative Study on Copyright Exception for Teaching Purposes: Australia, Malaysia and the United Kingdom

[Ratnaria Wahid & Ida Madieha Abdul Ghani AzmiAbstract] While education is considered a basic human right, the copyright system seems to hamper public access to information and knowledge. This is especially so when information that largely comes from developed countries are used as commodities that have to be bought by developing countries. This paper compares the international and national laws in Malaysia, United Kingdom and Australia on the copyright exceptions to materials used for teaching purposes.

Unscrewing the Future: The Right to Repair and Circumvention of Software TPMs in the EU

[Anthony Rosborough] Abstract: This analysis examines the impact of software technological protection measures (“TPMs”) in the European Union which inhibit the repair and maintenance of products. Using John Deere tractors as a case study, this analysis addresses the growing number of products which incorporate computerization and TPM-protected software into their design and function. In utilizing software integration and TPMs, many product designs now allow manufacturers to retain considerable control over the manner of repair and choice of technician. In response, consumers and lawmakers are calling for legal reforms to make self-repair and servicing easier. Both the competition law and moral implications of this residual control held by manufacturers are examined in this analysis.