Category Limitations and Exceptions

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law

[João Quintais] Abstract: The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment.

NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada

The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.

Australian Copyright Law Reform Update: A Lot to Celebrate and a Lot to Look Forward To

2017 was the year that Copyright was a gift that kept on giving in Australia as a raft of new copyright laws and regulations were finally passed after many years of dogged advocacy by the Australian Education sector. As we all know Copyright law reform takes a very long time, and the process can be disheartening and toxic but with armed with compelling evidence and arguments and tenacity, it is possible to achieve great results. This is important to keep in mind in the EU and other jurisdictions currently undergoing copyright law reform reviews. See below for more details in relation to the recent 2017 changes and what copyright law reform has in store for 2018.

Educators Ask for a Better Copyright

[Communia Association] Today COMMUNIA sent a joint letter to all MEPs working on copyright reform. The letter is an urgent request to improve the education exception in the proposal for a Directive on copyright in the Digital Single Market. It is supported by 35 organisations representing schools, libraries, universities and non-formal education, and also individual educators and information specialists.

The Impact of Copyright Exceptions for Researchers on Scholarly Output

Abstract: Surveys of scholars in the science and health fields have identified high journal prices to be one of many impediments to the writing and publishing of new works. One possible solution to this problem is the expansion of copyright exceptions that allow unauthorized access to copyrighted works for the purpose of conducting further research. This paper tests the link between copyright exceptions for researchers and the publishing output of health and science scholars at the country-subject level, using data on change in copyright law from the PIJIP Copyright User Rights database.

PIJIP Releases New Research on the Impact of Copyright Balance at the 35th WIPO Standing Committee on Copyright and Related Rights

Today, PIJIP released new research on the impact of copyright balance. The release was announced at the World Intellectual Property Organization Standing Committee on Copyright and Related Rights. The research finds that balanced copyright policies in other countries have had positive effects…

Fighting (for) Copyright at Mozfest

[Judith Blijden, Communia Association, Link (CC-0)] The last weekend of October in London, Mozilla organised Mozfest, its annual festival for the open internet movement. Mozilla wants to enable communities to contribute to making the internet a healthy place. The festival serves…