Category Limitations and Exceptions

Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Art. 5 CDSM Directive

[Giulia Priora, Bernd Justin Jütte & Péter Mezei] Abstract: Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching. The pressing need for such a legislative reform was confirmed by the outbreak of the COVID-19 pandemic, which dramatically moved teaching environments to online platforms.

The Liability of Internet Service Providers for Copyright Infringement in Sri Lanka: A Comparative Analysis

[Justice Dr. Ruwan Fernando] There are laws in force in many countries to limit the liability of an ISP for the infringement of copyright that takes place on its networks. An ISP in Sri Lanka may not enjoy the same privilege for the infringement of unauthorised material initiated by its users or third parties on their networks. The current law is unlikely to provide adequate protection for the legitimate activities of ISPs in an attempt to minimize the vulnerability against copyright infringement claims.

African Group Proposal to WIPO on Copyright Exceptions and Limitations

Last week, the Africa Group has submitted a proposal for a Draft Work Program on Exceptions and Limitations to WIPO's Standing Committee on Copyright and RElated Rights (SCCR). It was submitted in for discussion at the upcoming SCCR meeting in May. The proposal asks SCCR to "continue to work towards an appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms) on limitations and exceptions for libraries, archives, museums, education, research, and uses for persons with other disabilities."

How to Promote Research and Education at the Global Level? Takeaways From Our Panel Discussion

[Teresa Nobre] COMMUNIA and Wikimedia Deutschland held a panel discussion on February 15th to discuss whether the new mandatory exceptions in the EU Copyright Directive could serve as a model to solve some of the most pressing international-level problems around education and research. The event started with Marco Giorello, the Head of the Copyright Unit at DG CONNECT of the European Commission, explaining the reasons for introducing mandatory exceptions for education and research purposes at the EU level (from min. 8:55 to min. 20:50). Marco pointed out that both research and education were at the forefront of the Commissions’ discussions on the modernization of the copyright system.

New Survey on Access Barriers to Text and Data Mining Research

[Patricia Aufderheide] A new survey explores the problems researchers in various sectors experiences in attempting to use text and datamining (TDM), and you can help. TDM is a basic feature of daily digital life, for good and ill. It is what enables search; it drives targeted advertising; it feeds predictive policing; and increasingly for scholars it is a crucial tool to track networked behaviors and identify patterns relevant to their subject disciplines. Those disciplines are as wide-ranging as medicine, political science, engineering, legal studies and communication; for Internet studies, it is routine. But unless you work for a company that generates the data you want to study... it can be tricky to get your hands on the material. Copyright and contracts get in the way; so do terms of service. And library/archive policies. And, of course, lack of knowledge and misinformation. Our survey, offered in English, Portuguese and Spanish, will give us cross-cultural information on what problems researchers encounter, and what they do when they have those problems.

MARRAKESH TREATY: GETTING THE DETAILS RIGHT

[Electronic Information for Libraries] By the end of 2021, over 100 countries had joined the Marrakesh Treaty for persons with print disabilities, confirming its place as WIPO’s most successful treaty of recent times. In most countries, the next step in the legal process is for the treaty’s provisions to be implemented into national law (known as domestication), typically by introducing new exceptions in the copyright law, or by amending existing exceptions to ensure that they are Marrakesh-compliant. While national implementation can take time, it is a vital part of the legal process. Once completed, beneficiaries such as blind people can start to make practical use of the treaty, and libraries can step up their services to deliver materials into the hands of print-disabled readers.

VIDEO: Webinar on Fair Dealing and Other Copyright Exceptions

[Hosted by the Kenya Copyright Board, February 10, 2022] Panelists Joseph Kavulya, Denise Nicholson, Desmond Oriakhogba, Jonathan Band, and Paul Kaindo discuss the following topics: an introduction to fair dealing and other copyright exceptions; the evolution of fair dealing internationally; how Nigeria is updating its copyright exceptions; what does the Kenya Copyright Act state; and Challenges for libraries using copyright exceptions.

South Africa’s COPYRIGHT BILL: KEY POLICY OBJECTIVE AT RISK

[Electronic Information for Libraries] In December 2021, the National Assembly’s Portfolio Committee on Trade and Industry called for public submissions and comments on new, substantive amendments to the Copyright Amendment Bill [B13B-2017], based on inputs from the previous public consultation in June 2021. The wide scope of the proposed amendments surprised many stakeholders because the previous consultation was clearly limited to certain, specific issues contained in reservations by the President on the constitutionality of some sections of the Bill. Instead, the new amendments effectively frustrate the exceptions enabling quotations, reporting of current events, translation, personal use, as well as activities of libraries and archives, including lending, access to digital works, making preservation copies, format-shifting and inter-library document supply.

The AI-Copyright Challenge: Tech-Neutrality, Authorship, and the Public Interest

[Carys Craig] Abstract: Many of copyright’s core concepts—from authorship and ownership to infringement and fair use—are being challenged by the rapid rise of generative AI. Whether in service of creativity or capital, however, copyright law is perfectly capable of absorbing this latest innovation. More interesting than the doctrinal debates that AI provokes, then, is the opportunity it presents to revisit the purposes of the copyright system in the age of AI.

Submission to South Africa on Copyright Amendment Bill, re: Proposed Removal of “Research” As Specifically Listed Purpose Allowed Under Fair Use

[Sean Flynn] We write on behalf of the Project on the Right to Research in International Copyright, which is an activity of the Global Expert Network on Copyright User Rights. We write to advise that Parliament not eliminate “research” from among the specifically enumerated purposes for which the fair use exception in Section 12A may be applied, and to add a reference to “computational analysis” as a permitted purpose.

Protection of Copyright and Accessing Education Materials at Low Prices: Finding a Sustainable Solution for Bangladesh

[Mohammad Towhidul Islam and Moniruz Zaman] Abstract: This research article explains the intricate relationship between the copyright law and education and finds out that ‘the rudimentary hurdle’ posed by copyright as depicted in writings of intellectual property scholars like James Boyle is the cost of learning materials compared to the affordability in developing countries and LDCs. It also tries to strike a balance between copyright protection and access to education materials in an LDC like Bangladesh. While outlining the periphery of copyright protection, this article considers the scenario of the Bangladeshi book shops. It largely suggests that a ‘fairness’ model for the copyright landscape of Bangladesh can promote access to education and learning. Finally, this article concludes by illuminating new strategies for accessing education materials at low prices.

Decolonising Copyright: Reconsidering Copyright Exclusivity and the Role of the Public Interest in International Intellectual Property Frameworks

[Jade Kouletakis] Abstract: International intellectual property frameworks conceive of copyright exclusivity as a largely individualistic, westernised and capitalistic benefit which must be balanced against and limited by the non-commercial, competing public interest. This is expressed primarily by way of limitations to and exceptions from the norm of exclusivity recognised within these frameworks. This article argues for an alternative interpretation of copyright exclusivity as being justified by the public interest. However, unlike the works of Geiger et al., this interpretation is not premised upon the constitutional and quasi-constitutional patterns accounting for the public interest foundations of IP. Instead, it is premised upon the conceptualisations of indigenous communities within the Global South relating to exclusivity over intangible property for the communal benefit.