Day June 15, 2020

Copyright Exceptions Across Borders: Implementing the Marrakesh Treaty

[Laurence R. Helfer, Molly K. Land, and Ruth L. Okediji] Abstract: This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts.

How Filters fail (to meet the requirements of the DSM directive)

[Paul Keller] Article 17 of the DSM directive establishes that Online Content Sharing Service Providers (OCSSPs) are liable for copyright infringing uploads by their users unless they either obtain a license for the use of such content, or take a number of measures designed to prevent the availability of such content on their platforms. While the directive never explicitly talks about filters or automated content recognition (ACR) systems, it is assumed by all sides of the debate that, in order to meet this obligation, platforms have little choice but to implement ACR-based filtering systems that will scan all user uploads and block or remove uploads that contain works that have been flagged by their rightholders.