Archive for the 'Copyright' Category

ALA: "Copyright Update—June 2010"

Posted in Copyright, Legislation and Government Regulation, Open Access on June 23rd, 2010

The ALA Office of Government Relations has released "Copyright Update—June 2010."

Here's an excerpt:

Rep. Conyers (D-MI), chairman of the U.S. House of Representatives Committee on the Judiciary, introduced The Fair Copyright in Research Works Act (H.R. 801) on February 3, 2009. Unfortunately, this not-so-new bill seeking to amend copyright code and create a new category of copyrighted work differs only in the bill number assigned from its predecessor in the 110th Congress (H.R. 6845) that ultimately died in the House Judiciary Committee.

Just as in the last Congress, H.R. 801 negates or reverses the National Institutes of Health (NIH) Public Access Policy currently in place, rolling back hard-fought progress on public access to taxpayer-funded NIH research on the Internet. The bill would effectively reverse the NIH Public Access Policy, as well as make it impossible for other federal agencies to put similar policies into place. Library advocates should continue to express to their members of Congress they strongly oppose H.R. 801, as it seeks to amend copyright law and reverse the NIH Public Access Policy.

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    2010 Joint Strategic Plan on Intellectual Property Enforcement

    Posted in Copyright, Digital Copyright Wars on June 22nd, 2010

    Victoria A. Espinel, U.S. Intellectual Property Enforcement Coordinator, has released the 2010 Joint Strategic Plan on Intellectual Property Enforcement.

    Here's an excerpt:

    The U.S. Government supports the free flow of information and freedom of expression over the Internet. An open and accessible Internet is critical to our economy. At the same time, the Internet should not be used as a means to further criminal activity. The Administration encourages cooperative efforts within the business community to reduce Internet piracy. The Administration believes that it is essential for the private sector, including content owners, Internet service providers, advertising brokers, payment processors and search engines, to work collaboratively, consistent with the antitrust laws, to address activity that has a negative economic impact and undermines U.S. businesses, and to seek practical and efficient solutions to address infringement. This should be achieved through carefully crafted and balanced agreements. Specifically, the Administration encourages actions by the private sector to effectively address repeated acts of infringement, while preserving the norms of legitimate competition, free speech, fair process and the privacy of users. While the Administration encourages cooperative efforts within the business community to reduce Internet piracy, the Administration will pursue additional solutions to the problems associated with Internet piracy, including vigorously investigating and prosecuting criminal activity, where warranted.

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      "ACTA and the Specter of Graduated Response"

      Posted in Copyright, Digital Copyright Wars on June 8th, 2010

      Annemarie Bridy has self-archived "ACTA and the Specter of Graduated Response" in SSRN.

      Here's an excerpt:

      This short paper, prepared for a workshop on the Anti-Counterfeiting Trade Agreement (ACTA) and the Public Interest at American University’s Washington College of Law, considers the draft Internet provisions of ACTA in the context of concerns raised in the media that the treaty will require signatories to mandate graduated response regimes (à la France’s controversial HADOPI system) for online copyright enforcement. Although the Consolidated Text of ACTA, released in late April, confirms that mandatory graduated response is off the table for the treaty’s negotiators, the treaty in its current form both accommodates and promotes the adoption of graduated response. Moreover, opponents of graduated response should be wary of the fact that public law mechanisms – be they domestic or international – are not the only means by which graduated response can effectively become the law for Internet users. The United States and Ireland provide examples of the trend toward private ordering in the project of online copyright enforcement.

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        The Economics of Copyright and Digitisation: A Report on the Literature and the Need for Further Research

        Posted in Copyright, Digitization, Reports and White Papers on June 7th, 2010

        The Strategic Advisory Board for Intellectual Property Policy has released The Economics of Copyright and Digitisation: A Report on the Literature and the Need for Further Research.

        Here's an excerpt:

        The Strategic Advisory Board for Intellectual Property Policy (SABIP) has commissioned this report in order to inform its future research agenda. One task is to undertake a critical overview of the theoretical and empirical economic literature on copyright and unauthorised copying. On the basis of this literature, two further aims of this report are to: (1) identify the salient issues for copyright policy in the context of digitisation; and (2) formulate specific research questions that should be addressed in order to inform copyright policy.

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          Canadian Copyright: Bill C-32, An Act to Amend the Copyright Act

          Posted in Copyright, Digital Copyright Wars on June 6th, 2010

          The Government of Canada has introduced Bill C-32, An Act to Amend the Copyright Act.

          Here's an excerpt from the press release:

          The Honourable Tony Clement, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, today announced the introduction of legislation to modernize the Copyright Act. This legislation is a key pillar in the government's commitment in the 2010 Speech from the Throne to position Canada as a leader in the global digital economy.

          "Our government promised to introduce legislation that will modernize Canadian copyright law for the digital age while protecting and creating jobs, promoting innovation and attracting new investment to Canada," said Minister Clement. "This legislation will ensure that Canada's copyright laws are forward-looking and responsive in a fast-paced digital world.". . .

          The popularity of Web 2.0, social media, and new technologies such as the MP3 player and digital books have changed the way Canadians create and make use of copyrighted material. This bill recognizes the many new ways in which teachers, students, artists, software companies, consumers, families, copyright owners and many others use technology. It gives creators and copyright owners the tools to protect their work and grow their business models. It provides clearer rules that will enable all Canadians to fully participate in the digital economy, now and into the future.

          This legislation will bring Canada in line with international standards and promote home-grown innovation and creativity. It is a fair, balanced, and common-sense approach, respecting both the rights of creators and the interests of consumers in a modern marketplace. The Government of Canada is working to secure Canada's place in the digital economy and to promote a more prosperous and competitive Canada.

          For more information, visit www.balancedcopyright.gc.ca.

          Read more about it at "The Canadian Copyright Bill: Flawed But Fixable," "Canadian Library Association Gives Passing Grade to New Copyright Legislation, and "Moore's Strong Rejection of Three Strikes Model for Canada."

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            "The Google Book Settlement and the TRIPS Agreement"

            Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 23rd, 2010

            Daniel J. Gervais has self-archived "The Google Book Settlement and the TRIPS Agreement" in SSRN.

            Here's an excerpt:

            The proposed amended settlement in the Google Book case has been the focus of numerous comments and critiques. This "perspective" reviews the compatibility of the proposed settlement with the TRIPS Agreement and relevant provisions of the Berne Convention that were incorporated into TRIPS, in particular the no-formality rule, the most-favored nation (MFN) clause, national treatment obligations, and the so-called three-step test, which constrains the ability of WTO Members to provide new exceptions and limitations to copyright rights.

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              WIPO: Scoping Study on Copyright and Related Rights and the Public Domain

              Posted in Copyright, Public Domain, Reports and White Papers on May 23rd, 2010

              The World Intellectual Property Organization (WIPO) has released Scoping Study on Copyright and Related Rights and the Public Domain.

              Here's an excerpt:

              Protection of the public domain comprises two steps, as laid down by the [WIPO] Development Agenda: first, identifying the contours of the public domain, thereby helping to assess its value and realm, and, second, considering and promoting the conservation and accessibility of the public domain.

              The present study will follow the same direction as it will first assess the scope of the public domain, as defined by copyright laws, history and philosophy, before turning to the issue of its effectiveness and greater availability to the public and society at large. This will lead to the formulation of some recommendations that, by viewing the public domain as material that should receive some positive status and protection, might help to support a robust public domain, as advocated by the Development Agenda.

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                Digital Video of Intellectual Property Breakfast Club Session on Google Book Settlement

                Posted in Copyright, Digital Copyright Wars, E-Books, Google and Other Search Engines, Mass Digitizaton, Publishing on May 20th, 2010

                BroadbandBreakfast.com has released a digital video of the Intellectual Property Breakfast Club's the Google Book Search Settlement and E-Book Licensing session on May 11, 2010.

                Here's an excerpt from the announcement:

                The panelists included:

                • Jonathan Band, Counsel, Library Copyright Alliance
                • Michael Capobianco, Vice President, Science Fiction & Fantasy Writers of America
                • Sherwin Siy, Deputy Legal Director, Public Knowledge
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