Category Limitations and Exceptions

Global Discussions on Exceptions and Limitations to Copyright for Libraries Continue

[International Federation of Library Associations] It’s time to look back at a of week global discussions on copyright at the World Intellectual Property Organisation (WIPO). There were useful new reports and materials, signs of consensus on all sides that exceptions and limitations are an essential part of the copyright framework, and further proof that action is needed to allow libraries to work across borders.

Communia General Statement on Exceptions and Limitations (SCCR/38)

[Teresa Nobre, for the Communia Association] We believe that there is a minimum set of access and use rights that should be defined by public rules, since they are justified by public interests. If copyright laws do not grant to the education and research communities, the cultural heritage institutions, and the persons with disabilities the same level of protection that is granted to rightsholders, and defer to private agreements the regulation of all uses of copyrighted materials, they perpetuate an unbalanced power structure and let rightsholders weaken or undermine what should be a public policy decision.

The New Copyright Directive Is a Lost Opportunity for Europe – And Shows Lack of Respect for User Rights

[Communia Association] The Directive is the most important European regulation of the digital sphere in the last several years. It will define the shape of copyright in Europe for years to come — and have spillover effects for regulation around the globe. We believe that the approved directive will not meet the goal of providing a modern framework that balances the interests of rightsholder and users, protects human rights and enables creativity and innovation to flourish. Instead, it is a biased regulation that supports one business sector, at the cost of European citizens.

EU COPYRIGHT REFORM SHOWS NEED FOR GLOBAL REFORM

[Teresa Hackett] ... a closer look at European copyright legislation, including the Directive adopted by the European Parliament on 26 March 2019, demonstrates that both blocs clearly recognize the inadequacy of the current international framework to address barriers created by national copyrights for cross-border activities by educational and cultural heritage institutions. And they have addressed the problem through the adoption of pan-European legislation. In other words, European copyright reforms demonstrate the need for global copyright reform.

South Africa Moves Forward With Creator Rights Agenda

South Africa took another step toward enactment of a Copyright Amendment Bill focused on improving the lot of creators. On March 20, the committee of jurisdiction in the National Council of Provinces voted 6-3 in favor of reporting the bill to the full house next week without amendment. The full house is likely to pass the bill, clearing the last hurdle before the President can sign the bill into law.

Copyright Limitations and Exceptions at the World Intellectual Property Organization

On March 12, 2019, the Program on Information Justice and Intellectual Property at American University Washington College of Law jointly held an event with Knowledge Ecology International and the Library Copyright Alliance on “Copyright Limitations and Exceptions at the World Intellectual Property Organization.” Regular observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR) gave a briefing on the current state of limitations and exceptions (L&E) agenda items and led a discussion on the coming work of the SCCR on L&Es for broadcasting, education, research, libraries, archives, and museums.

Singapore Copyright Review – Enhancing Creators’ Rights and Users’ Access to Copyrighted Works

[Singapore Ministry of Law] The Ministry of Law (MinLaw) will amend the Copyright Act to update Singapore’s copyright regime to better support creators and the use and enjoyment of creative works in the digital age. The proposed changes include better recognising creators for their work, allowing easier access to copyrighted materials for educational purposes and supporting creators and users in the collective licensing of copyrighted works. These changes are outlined in the Singapore Copyright Review Report released by MinLaw and the Intellectual Property Office of Singapore (IPOS) today.

PROMOTING COPYRIGHT BALANCE IN A US-EU TRADE AGREEMENT

[Sean Flynn and Mike Palmedo] Comments to USTR - re: Negotiating Objectives for a U.S.-European Union Trade Agreement: PIJIP is managing a multidisciplinary research project on the impact of copyright user rights in the digital environment. One issue that the United States and the European Union face in their upcoming negotiations is the degree to which they should seek to include language promoting copyright balance through limitations and exceptions in the agreement. We make this statement to share information from our research indicating that the promotion of balanced copyright systems promotes U.S. trade interests. ... We also provide the results of research on existing language in trade and international law that promote balance in copyright laws and include some analysis of how such provisions could better meet U.S. interests.

Education International Openning Statement to the 37th WIPO the Standing Committee on Copyright and Related Rights (SCCR)

[Nikola Wachter] ... Restrictive copyright regimes and, in fact, the lack of an international copyright instrument that addresses cross-border online collaboration and exchange does not empower teachers, ESP and researchers but creates barriers for them in their daily work. For all these reasons EI endorsed TERA, a draft treaty on copyright exceptions and limitations for educational and research activities.