Category Limitations and Exceptions

A Review of Copyright Exceptions for Quotation – How Often Do Laws Include “Permitted Purposes?”

[Mike Palmedo and Margarita Gorospé] In April 2019, IIPA petitioned USTR to review South Africa's GSP benefits, alleging it fails to provide "adequate and effective" protection of copyrighted works... IIPA notes the following concern with the quotations exception in South Africa's Copyright Amendments Bill: "Section 12B(1)(a) provides a broad and circular exception for quotation, permitting any quotation provided that 'the extent thereof shall not exceed the extent reasonably justified by the purpose,' but without enumerating the permitted purposes, for example, criticism and review." However, this type of language is not uncommon.

Germany sets bad example with the proposed implementation of the new education exception

[Teresa Nobre] A few weeks ago, the German government shared its proposal for the implementation of some of the provisions of the new Copyright in the Digital Single Market Directive, including the new EU education exception (Article 5 in the final version of the Directive). Similarly to what we did with the Dutch proposal, we will provide here an overview of the German proposal to implement locally the new exception. This is part of our effort to track how countries across Europe implement this mandatory exception to copyright for educational purposes.

User Rights Network Members File Comments to USTR on the GSP Review of South Africa

PIJIP has created a page for comments submitted by members of the User Rights Network to the U.S. Trade Representative for its GSP Country Practice Review of South Africa. This review is being conducted in response to an IIPA petition critical of South Africa's Copyright Amendments Act.

Request to Testify and Public Comment, re: GSP Review of South Africa

...I would like to start with the standard of review in this matter. As noted in the Federal Register Notice, and as included in the relevant statutes, the statutory standard is “adequate and effective intellectual property” ... The plain language of the statutes would suggest that this is a minimum standard. South Africa has a full panoply of intellectual property rights statutes that meet the requirements of all relevant international treaties. The inquiry should end there.

Comment to USTR for the 2019 GSP Review of South Africa

[Mike Palmedo and Andres Izquierdo] Our submission demonstrates that it is common for countries to allow the use of copyrighted works for educational purposes – even full works – without the authorization of the copyright owner. We reviewed the copyright laws all the Members of the African Regional Intellectual Property Organization (ARIPO) and the WIPO Group of Latin American and Caribbean Countries (GRULAC) – a total of 38 countries.

Article 17 Stakeholder Dialogue (Day 4): It’s All About Transparency

[Paul Keller] The fourth meeting of the Article 17 stakeholder dialogue took place in the last week before the holiday break. Just like the third meeting, this meeting was dedicated to (more or less) technical presentations on content management technologies and existing licensing practices. In total there were 12 presentations from platforms (Facebook, Seznam, Wattpad), providers of content management tools (Audible Magic, Ardito, Fifthfreedom, Smart protection), rightholders (GESAC, Universal Music Publishing, Bundesliga) as well as by BEUC and the Lumen database.

What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

[Sebastian Felix Schwemer and Jens Schovsbo] Abstract: Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights.

Copyright L&E for Nonprofit Performance of Music Found Constitutional in Korea

[Knowledge Commune] The Constitutional Court of Korea upheld Art. 29(2) of the Copyright Act as constitutional. The Art. 29(2) permits a public performance of commercial phonograms and audiovisual works if no profit is received in return from audience, excepting cases as prescribed by the Presidential Decree. This provision has long been under attack by music industries and European Commission.

Our Guidelines for the Implementation of the DSM Directive

[Communia Association] We are thrilled to release our Guidelines for Implementation of the DSM Directive. These guidelines explain different provisions of the new Copyright Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States. They are aimed at local advocates and national policy makers, and have the general objective of expanding and strengthening user rights at a national level beyond what is strictly prescribed by the new Directive.

President Ramaphosa: Please Sign Copyright Bill

[Electronic Information for Libraries] In a letter to Cyril Ramaphosa, President of the Republic of South Africa, EIFL urged the President to sign into law the long-awaited Copyright Amendment Bill without delay. The Bill, amending the 1978 Copyright Act, was approved by the legislature in March 2019 and awaits the Presidential assent. The Bill introduces new exceptions for libraries, education and people with disabilities, and brings copyright rules in South Africa into the digital age.