Category Limitations and Exceptions

Time for Copyright Laws in Africa to Change

[Electronic Information for Libraries] On 12-13 June 2019, heads of copyright offices from more than 40 African states met in Nairobi, Kenya, to discuss copyright limitations and exceptions for libraries, archives, and education in the African region... The clear consensus that emerged from the two-day seminar was a recognition that copyright exceptions in Africa are wholly inadequate, especially for online uses, and that there is a real need for reform.

Implementing the Copyright Directive: Protecting the Public Domain with Article 14

[Paul Keller] Article 14 – Works of visual art in the public domain – is one of the very few unambiguously good provisions of the new EU copyright directive. The article is intended to ensure that (digital) reproductions of public domain works cannot be protected by exclusive rights, and as a result, taken out of the public domain. This legislative intervention comes in response to the relatively widespread practice of museums in claiming exclusive rights of digital reproductions of public domain works that they have in their collections and which they make available to the public.

Copyright, and Photographs or Videos of Public Art, in South Africa: An Imperfect Picture

[Bram Van Wiele] Abstract: The rise of digital photography and videography has made the creation, sharing and commercialisation of high-quality photographs and videos more accessible, in terms of both cost and skills required. This thematic report examines the impact on copyright infringement of the increase in photographs and videos containing public art. It then analyses the applicability, for such photographs and videos, of the general exceptions for protection of artistic works in South Africa’s Copyright Act 98 of 1978.

The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law

In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.

A Solid Start: Asia-Pacific Government Representatives Stress Need for International Action for Libraries at Singapore Workshop

[International Federation of Library Associations] The first of three WIPO regional workshops focusing on the copyright needs of libraries, as well as archives, museums, education and research, took place in Singapore on 29-30 April. The meeting saw broad consensus that business-as-usual was not an option, and international action was necessary.

The Limits of International Copyright Exceptions for Developing Countries

[Ruth Okediji] Abstract: Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law’s objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These outcomes indicate that the current configuration of limitations and exceptions (L&Es) in international copyright law has not advanced the human welfare goals that animate its leading justifications in developing countries.

South Africa Creators, Access Advocates Rally To Support Copyright Bill And Dispel Myths

A broad coalition of creators and access to knowledge advocates have petitioned the President of South Africa to urgently sign the Copyright Amendment Bill before him. The petition (https://www.re-createza.org/) is endorsed by organizations representing over half a million South African creators, teachers, people with disabilities and others who rely on copyright access and protection. It calls for the President to sign the Bill “without delay,” including to enact into copyright law “a transformative vision for a more equal and just society.” The petition is the latest step in a decades long campaign to enact development- focused copyright reform that is sensitive to South Africa’s particular social and economic context.

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Schools and universities are shifting to the use of digital resources - including to online E-reserves, E-Books and other forms of digital distribution. Collective (blanket) licensing, which for years has charged schools for making analogue reproductions of excerpts of printed works for use in printed course packs has declined in value and usefulness as education invests in digital licensing that offers enhanced access and reproduction rights. To facilitate the shift that benefits all stakeholders, legal rules must reflect emerging practices in which blanket licences compete in the market with alternative licensing models. One answer, represented by Canada, is a mix of broader copyright exceptions for the use of excerpts for educational purposes combined with a shift in educational spending toward buying and licensing more digital works and digital uses of works.

“Let’s Spark a Global Dscussion on Copyright Exceptions for Education and Research!

[David Edwards] Today it’s World Intellectual Property Day – a good day to remind us that it’s time to reform copyright law. We need action to change copyright systems that are hindering free expression and failing to promote diverse and prosperous societies for the benefit of all. Copyright legislation has a major impact on daily teaching and learning activities at all levels of education – from early childhood to higher education.

Joint Civil Society Letter to the President of South Africa on the Copyright Amendment Bill

[ReCreate South Africa] We welcome the passing of the Copyright Amendment Bill by both the National Assembly and the National Council of the Provinces and encourage you to sign the Bill into law without delay. The Bill has undergone a lengthy consultative process at the various stages and is a good reflection of a transformative vision for a more equal and just society. The Bill also brings South African legislation in line with international treaties.

At Forum Honoring Prue Adler, Experts Recount Last Quarter-Century Of Copyright Advocacy

On April 17, several generations of experts gathering at American University law school to remember, retell and relive highlights of 25 years of public interest advocacy around copyright and information access, and to look ahead – all with a focus on the unifying guidance of library advocate Prudence Adler, known to all as “Prue.”