Fair Use/Fair Dealing Week 2018 Highlights Balance In The Copyright System 08/03/2018 by Intellectual Property Watch 1 Comment The fifth annual Fair Use/Fair Dealing Week took place February 26–March 2, 2018, growing to 153 participating organizations—as well as numerous individuals—celebrating the important and flexible doctrines of fair use and fair dealing worldwide. This year’s event was organized by the Association of Research Libraries (ARL) and participants included universities, libraries, library associations, and many other organizations, such as Authors Alliance, the Center for Democracy & Technology, the Electronic Frontier Foundation, the R Street Institute, and Re:Create. Sixty ARL member institutions contributed a wide range of resources this year. Fair Use/Fair Dealing Week was observed around the globe by participants in such countries as Australia, Canada, Colombia, Greece, and the United States.
Early Certainty Initiative Of The European Patent Office – Flexibility For Biotech Needed 06/03/2018 by Intellectual Property Watch 2 Comments In 2016, the European Patent Office (EPO) introduced a streamlined opposition procedure that should simplify opposition proceedings and deliver decisions faster, while giving parties more time to react to summons and prepare for oral proceedings. This new initiative, called early certainty, aimed to cut down the overall duration of granting new patents and to tackle the backlog in patent granting within the EPO, writes Michael Kahnert.
Protecting And Promoting Copyright Balance In NAFTA 04/03/2018 by Intellectual Property Watch 1 Comment The ongoing NAFTA renegotiation presents a prime opportunity to move the ball on protecting and promoting general public interest copyright exceptions. All three countries have such exceptions to varying degree. And all three are under threat from an agenda to cabin their use through international law. NAFTA negotiators can and should include the best models from prior international agreements that protect and promote the ability of countries to have general exceptions, writes Professor Sean Flynn.
Section 1201 Rulemaking – The Process Is Moving Along 28/02/2018 by Intellectual Property Watch Leave a Comment Dave Davis writes: Section 1201 is a curious little section of the US Copyright Act, added by the Digital Millennium Copyright Act (DMCA) of 1998. But the matter covered in that section is of great importance in our digital age and, due to its triennial rulemaking requirement, ‘1201’ exceptions are a topic of considerable discussion every few years. As it turns out, 2018 is one of those years.
Copyright For Libraries Around The World In 2018 16/02/2018 by Intellectual Property Watch 1 Comment Copyright laws around the world are constantly changing in an attempt to adapt – or react – to the digital world. These changes can have a major impact on how libraries function and on the public service they provide. While some reforms offer new possibilities and legal certainty, others look backwards and seek to use the law to restrict the ability of libraries to guarantee meaningful information access to their users, IFLA writes.
A Brief Sketch Of Privilegio In The Venetian Renaissance 07/02/2018 by Intellectual Property Watch 2 Comments Gavin Keeney writes: As a type of historical morality tale, especially given arguments currently before the European Commission regarding copyright reform and “neighboring rights,” this short treatise addresses the origins of copyright in the Venetian Renaissance in the late 1400s under the aegis of privilegio, notably first granted to authors (author-publishers) versus printers (printer-publishers). Subsequently, printers as publishers would command the lion’s share of such rights to works. Arguably, Venetian privilege transferred the immemorial aspect of written works (here considered “moral rights” for works) to authors in a casual, yet emphatic manner leading to modern copyright. With contemporary copyright nominally belonging to authors, but in fact belonging by expropriation to presses and platforms, it is likely that one of the few solutions, short of benevolent presses fully sharing rights with authors, is for moral rights to return to works by way of the author renouncing copyright but refusing the arrogation of such renounced rights to presses and platforms.
Analysis Of The Working Group On Enhanced Cooperation On Public Policy Issues Pertaining To The Internet 05/02/2018 by Intellectual Property Watch Leave a Comment Richard Hill writes: The Tunis Agenda calls for enhanced cooperation to address issues related to the Internet and its governance. However, there was no clear agreement on how to implement enhanced cooperation, so a Working Group on Enhanced Cooperation (WGEC) was convened to discuss that matter and to prepare recommendations. A first WGEC group failed to find agreement, so a second group was formed. In 2018, fifteen years later, the digital divide is worse, spam is worse, and security and privacy have become key issues; the fact that ICANN operates under the jurisdiction of the USA is also at times raised. Some are of the view that the evidence shows that current mechanisms are not working.
Copyright And Artificial Intelligence 30/01/2018 by Intellectual Property Watch 3 Comments Ed Klaris writes: Recently, a photographer whose camera was used by a monkey to take a selfie settled a two-year legal battle against an animal rights group about copyright over the image. The lower court had denied the monkey a copyright, but the photographer did not want to face the appeals court. Whether monkeys can create copyrighted works is not exactly a pressing question for our time. But the important issues raised by this case and others about who owns creative work in an increasingly automated world are crucial to the future of copyright. With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.
The Top 5 Issues In EU Medicines Policy For 2018 (Including IP) 30/01/2018 by Intellectual Property Watch 1 Comment Yannis Natsis writes: There is a breakdown in communications between the pharmaceutical industry and Ministers of Health in Europe. The newly-deployed tactic of public, personalised attacks on national decision-makers who express concerns over high prices of medicines, reveal a change in the industry’s lobbying strategy that might damage the relationship irreparably.
Julia Reda-Led Panel Discussion Reveals – Publishers’ Right Faces High Resistance From Academic Circles 21/01/2018 by Intellectual Property Watch 2 Comments The Greens/EFA Group in the European Parliament organised last autumn the panel discussion titled, “Better Regulation for Copyright: Academics Meet Policy Makers” in Brussels. This is an initiative that together with a recently published study questions whether national and EU neighbouring rights for publishers are actually lawful. The article below gives an overview of the panel discussion and movements that followed in the legislative process in Brussels, with a special focus on the press publishers right, writes Ines Duhanic.