Getting Started: Implementing the Marrakesh Treaty for Persons with Print Disabilities: A Practical Guide for Librarians

IFLA has released Getting Started: Implementing the Marrakesh Treaty for Persons with Print Disabilities: A Practical Guide for Librarians.

Here's an excerpt from the announcement:

This guide, edited by Victoria Owen, and with the welcome support of the World Blind Union, the Canadian Association of Research Libraries, Electronic Information for Libraries, and the University of Toronto, offers answers to frequently asked questions. It can also be adapted by national actors to their own laws—IFLA encourages this, in order to get the largest possible number of libraries involved

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US Signs Treaty: "The Marrakesh Treaty Implementation Act"

Karyn A. Temple has published "The Marrakesh Treaty Implementation Act" in Copyright: Creativity at Work.

Here's an excerpt:

The MTIA amends section 121 of the Copyright Act, which has already established limitations and exceptions allowing certain authorized entities, like the Library of Congress’s National Library Service for the Blind and Physically Handicapped, to provide published works in accessible formats to those who have print disabilities. The MTIA reinforces section 121's mission and changes some of its key terms and definitions to comply with the text of the Marrakesh Treaty. For example, the term "blind or other persons with disabilities" is now "eligible persons," which is then defined as someone who is blind, has a perceptual or reading disability, or has a physical disability affecting their ability to read.

The MTIA also adds a new section—121A—to the Copyright Act allowing authorized entities to both export and import works in accessible formats between the United States and other countries who have signed the Marrakesh Treaty. Finally, section 121A provides guidance to authorized entities engaged in exporting or importing on establishing and following certain practices and procedures. For a more detailed summary of what the MTIA does, please visit the Office’s FAQ.

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"What’s Next with WIPO’s Ill-Advised Broadcast Treaty?"

The Creative Commons has released "What's Next with WIPO's Ill-Advised Broadcast Treaty?" by Timothy Vollmer.

Here's an excerpt:

Six years ago we wrote a blog post titled WIPO's Broadcasting Treaty: Still Harmful, Still Unnecessary. At the time, the proposed treaty—which would grant to broadcasters a separate, exclusive copyright-like right in the signals that they transmit, separate from any copyrights in the content of the transmissions—had already been on WIPO’s docket for several years. It’s still on the table today, and now some countries are calling for actions to finalise the agreement.

The current text contains many of the same damaging provisions, such as long term of protection (possibly 50 years) and little to no support for limitations and exceptions to the right which could provide needed protections for activities such as news reporting, quotation, education, personal use, and archiving.

But the dealbreaker for CC is the fact that the treaty would essentially invalidate the permissions that users of Creative Commons grant when they share their creativity under open licenses, and instead gift new and unwarranted rights to broadcasting organizations that have added little or no value to the underlying work being transmitted. This is because the rights provided to broadcasters in the treaty would apply separately from copyright, thus permitting them to restrict how the content is shared even if the creator of the video or audio content has already released it under a Creative Commons license, or if it's already in the public domain.

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US-Mexico-Canada Agreement: "From Copyright Term to Super Bowl Commercials: Breaking Down the Digital NAFTA Deal"

Michael Geist has published "From Copyright Term to Super Bowl Commercials: Breaking Down the Digital NAFTA Deal" in his blog.

Here's an excerpt:

Yet the major copyright change for Canada is the extension in the term of copyright beyond the international standard of life of the author plus 50 years to life of the author plus 70 years. The term of copyright was never going to hold up a major trade agreement and Canada did agree to an extension in the original TPP. However, the cost will be significant, locking down works from the public domain for decades and potentially increasing educational costs by millions of dollars. From a domestic policy perspective, the change should impact the current copyright review as term extension has been one of the top requests from rights holders and areas of concern for users. The extension shifts the copyright balance in Canada and should be factored into future reforms, including the benefits of extending fair dealing to restore the balance.

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The CASE Act (H.R. 3945): "Copyright and Speech Should Not Be Treated Like Traffic Tickets"

Katharine Trendacosta has published "Copyright and Speech Should Not Be Treated Like Traffic Tickets" in DeepLinks.

Here's an excerpt:

On Thursday, August 27, the House Judiciary Committee held a hearing on the CASE Act (H.R. 3945). The CASE Act would create a “small claims” system for copyright, but not within the courts. Instead, cases would be heard by “Claims Officers” at the Copyright Office in Washington, D.C. And the Copyright Office has a history of presuming the interests of copyright holders are more valid than other legal rights and policy concerns, including the free expression values protected by fair use.

Basically every concern we had about the CASE Act last year remains: Turning over quasi-judicial power, which would include issuing damages awards of up to $15,000 per work infringed or $30,000 per proceeding, and agreements which boil down to binding injunctions, to a body with this history is unwise.

See also: Text of the bill.

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"The New Music Modernization Act (Mostly) (Finally) Gets It Right"

Meredith Filak Rose has published "The New Music Modernization Act (Mostly) (Finally) Gets It Right" in the Public Knowledge Blog.

Here's an excerpt:

The new Music Modernization Act sweeps away this old system and replaces it with full federal protection. The terms are still much longer than ideal: the earliest recordings won't hit the public domain until January 2022, while many others will be locked away for a total of 110 years. But the bill also creates, for the first time, a true public domain in sound recordings. . . .

The other important function of the bill is that, for the first time, users will now have a process by which they can use sound recordings, even when the rights holder cannot be found. Anyone wishing to make a noncommercial use of a recording that is no longer commercially available can submit a notice of use at the U.S. Copyright Office.

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Biill Changes Will “Foster a Robust Public Domain”: "Public Knowledge Welcomes House Passage of Revised Music Modernization Act"

https://www.publicknowledge.org/press-release/public-knowledge-welcomes-house-passage-of-revised-music-modernization-act

See also: "Public Knowledge Welcomes Senate Passage of Revised Music Modernization Act"

https://www.publicknowledge.org/press-release/public-knowledge-welcomes-senate-passage-of-revised-music-modernization-act

Code of Best Practices in Fair Use for Software Preservation

ARL has released the Code of Best Practices in Fair Use for Software Preservation.

Here's an excerpt:

This Code was made by and for the software preservation community, with the help of legal and technical experts. It provides librarians, archivists, curators, and others who work to preserve software with a tool to guide their reasoning about when and how to employ fair use, in the most common situations they currently face. It does not provide shortcuts in the form of prescriptive "guidelines" or rules of thumb. Nor does it seek to address all the possible situations in which software preservation professionals might employ fair use, now or in the future.

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