IPA Blog

Google “Thumbs its Nose” at New Zealand’s Courts: Kiwis Should Look to Canada for a Precedent

Google is at it again. According to press reports in the New Zealand Herald, Google refused to comply with a New Zealand court order to suppress details and remove content related to a local murder trial because, according to a representative of Google NZ, “Google LLC, was a separate legal entity incorporated in the US, meaning New Zealand’s courts and laws held no power over it.” Tell that to the Supreme Court of Canada.

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Copyright

© © Hugh Stephens, 2018, reposted with kind permission of Hugh Stephens. Original posting on June 3 2018 at: https://hughstephensblog.net/2018/06/03/google-thumbs-its-nose-at-new-zealands-courts-kiwis-should-look-to-canada-for-a-precedent/

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Making educational materials copyright free will harm education – here’s why

At last week’s Standing Committee on Copyright and Related Rights (SCCR), organised by the World Intellectual Property Organisation, many delegates asked for educational materials to be made copyright free. 

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WIPO Diary (SCCR 36) Day 4: Working the corridors

Day 4 of SCCR is the second day focussing on the Draft Action Plans (DAPs) and Exceptions and Limitations (Es and Ls, check out our jargon buster). The day started out with another round of comments from groups, Member States and observers and featured the same the mix of opinions as yesterday.

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WIPO Diary (SCCR 36) Day 3: Frustration in the chamber

After almost a complete day yesterday with the plenary chamber empty because of ‘informals’ on the Broadcasting Treaty, there was more action this morning. Chairman Daren Tang recognised yesterday’s positive momentum on the Broadcasting Treaty before moving discussions on to exceptions and limitations and the proposed draft action plans (DAPs).

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WIPO Diary (SCCR 36) Day 2: Keeping things Informals

Day 2 of this 36th session of the WIPO Standing Committee on Copyright and Related Rights started with an almost empty plenary room, save a handful of NGOs, as the Members States continued their ‘informals’ from last night, with the NGOs following the discussions from the plenary room, without being able to relay them to anyone.

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3 things to look out for at WIPO SCCR 36

The WIPO SCCR meets twice a year. But what is WIPO? Who is Darren Tang? IPA will be posting daily blogs from the marathon five-day meeting. Acronyms will be flying.

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WIPO Diary (SCCR 36) Day 1: Lights. Camera. Action Plans!

The 36th session of World Intellectual Property Organisation’s Standing Committee on Copyright and Related Rights (check our jargon buster here) kicked off today in Geneva. As well as the 191 Members States who can attend, there are about 60 NGOs registered and participating (including the IPA, STM, IFRRO and others from the Creative Sector Organisations group that IPA coordinates).

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Words always find a way!

The uncensored book fair of Iranian independent publishers

Every year, early in May, Iranian publishers have the busiest time of the year with the Tehran International Book Fair being held for a period of ten days in the capital. All publishers - except those who have been banned due to previous violations - gather from across the country.

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International Publishers Congress Blog - Day 2

After yesterday's intense high-level discussions about the future of publishing, copyright and freedom to publish, the second day began with a series of panels about the nitty gritty of publishing and finished with an emotional roller coaster and two standing ovations.

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South Africa: closer analysis needed of true potential impacts of 'fair use', especially on education

By André Myburgh*. Ostensible reassurances about the benefits of the introduction of ‘fair use’ in South African copyright law (Why fears about ‘fair use’ copyright law are unfoundedneed deeper scrutiny.

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Publishers are 100% behind the Marrakesh Treaty, IPA VP reminds Costa Rican meeting

Publishers are 100% behind the Marrakesh Treaty, IPA VP reminds Costa Rican meeting

This week I was in San José, Costa Rica, for a WIPO workshop on the Marrakesh Treaty (…to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities), and the Accessible Books Consortium (ABC), on 13-15 June. 

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WIPO Diary, IGC34 – does the traditional knowledge debate lack…knowledge?

Delegates at the World Intellectual Property Organization (WIPO) in Geneva spent this week discussing (for the 34th time) how to provide adequate intellectual property protection for the ‘traditional knowledge’ that is typically part of the cultural heritage of indigenous peoples.

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Copyright and the rights of disabled people

Occasionally, copyright and the rights of disabled people are framed as somehow incompatible—as though the former may preclude the latter—but to my mind these rights are definitely not mutually exclusive.

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WIPO Diary (SCCR 34) Day 5 - The end of the beginning or the beginning of the end?

Fridays at the SCCR are always unpredictable, and Friday 5 May was no exception. Yet whereas the usual drill is the final plenary dragging on late into the evening to enable time for a satisfactory closure, today was a little more mysterious.

For starters, there was more backroom huddling than open plenary debate at times when the sessions were theoretically meant to be live. The chamber stood eerily quiet for much of the day.

This was largely driven by the chairman, Daren Tang, who was anxious that his first SCCR should conclude with a substantive recommendation to the budget-setting WIPO General Assemblies, in October.

In his own words, the goal was to produce something more meaningful than the usual safe recommendation that the SCCR should merely keep strumming away at the incumbent agenda.

However, having resumed the final plenary at around 4pm, Tang then quickly adjourned it again to allow the national groupings to hold decisive in camera talks, and draw a confident line under the week’s work.

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WIPO Diary (SCCR 34) Day 4 - Copyright: if it ain't broke, don't fix it

Today the SCCR talks ticked onwards to the ‘and persons of other disabilities’ part of the agenda item ‘limitations and exceptions for educational and research institutions and for persons with other disabilities’ (referring to non-visual impairments).

Professor Blake Reid, of the University of Colorado, an IP and disability law maven, presented the skeleton of a new scoping study that will map the potential needs of people with ‘other disabilities’ and to determine the extent to which copyright law is affecting them.

The lunchtime lobbying event was staged by a group of organizations, including the Program on Information Justice and Intellectual Property (the PIJIP, which made an appearance in yesterday’s post) whose stated common goal is ‘fixing copyright for modern education’.

Among the speakers was Delia Browne, ‘education lead’ for Creative Commons Australia and Director of Australia’s National Copyright Unit (Schools and TAFEs). One of her roles is to consult on copyright law reviews in Australia, which means she’s never idle.

Delia began by noting that Australia is often held up as a benchmark in providing educational access, due to a system of statutory licensing which has been around since the 1980s and a whole series of exceptions.

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WIPO Diary (SCCR 34) Day 3 - IPA takes centre stage

WIPO Diary (SCCR 34) Day 3 - IPA takes centre stage

Committee Chair Daren Tang brought to bear his endearing blend of levitas and gravitas this morning as he started the day’s negotiations on ‘limitations and exceptions for libraries and archives’. As he did so, Tang reminded the delegates of the burden of responsibility they bear, something that’s becoming his signature patter.

He said their decisions ‘can make a positive impact on the lives of the millions of citizens out there who are in different countries struggling with different issues’, and that copyright ‘impacts the lives of every person’.

‘I hope that we will be able to move towards something that is constructive, something that is useful not just from the government perspective, but from the human perspective ... the connection of what we do here with the lives of those people will become a lot more apparent than it is now, will become a lot more positive than it is right now, and I believe that's the spirit in which we should work,’ he said.

The inference – intended or otherwise – is that the SCCR has a duty to put the greater good before self-interest and other less noble considerations.

Despite this, most of the delegates then stated again that an international instrument is the wrong approach, while pockets of the Global South want it. By the same token, content owners don’t see the point, while librarians and archivists vehemently do. It’s hard to see a way through this impasse, and indeed the Chair’s greatest task now will be to map such a route.

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WIPO Diary Day 2 (SCCR 34) - 'Informals' in the chamber of secrets

Today’s talks unfolded almost entirely behind closed doors during so-called ‘informals’, a setting usually employed to unblock a particularly tough impasse, when consensus on the floor of the plenary has proved impossible.

The informals, which take place in a separate chamber on the WIPO campus, are strictly for country delegations only. NGOs are not invited, but we can follow the audio feed from the plenary chamber provided we don’t report publicly what is said.

This approach enables the delegates to be freer and franker when wrangling over semantic minutiae that, ultimately, will form the substance of the text.

It was late afternoon before the committee returned to the plenary chamber to report on their talks. Chairman Daren Tang immediately poured cold water on the idea that a diplomatic conference on the broadcasting treaty was around the corner (see previous blog post). However, he did suggest the 'chair's text' be upgraded to a 'committee text'. This is a baby step closer to collective acceptance of the working document under discussion, which until now had only reflected the previous chair's personal attempt to provide a fair text.

Other than that, I have nothing much to write about what happened today ... so let’s look at tomorrow, when the IPA, with FEP and Bertlesmann, will stage a side-event with a difference.

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WIPO Diary (SCCR 34) Day 1 - Musical chairs, and all that jazz.

WIPO Diary (SCCR 34) Day 1 - Musical chairs, and all that jazz.

SCCR 34 opened this rainy Geneva morning, if not with a bang, at least with the hope that proceedings could ‘swing’ under the leadership of the committee’s upbeat new chairman, onetime jazzman, Daren Tang.

After WIPO Director General Francis Gurry passed him the gavel, Tang, who is CEO of the Intellectual Property Office of Singapore, promised to do his best to yield results – particularly on the stickier agenda items.

Chief among these is the ‘protection of broadcasting organizations’, which has basically ping-ponged back and forth across the floor for 20 years, despite WIPO’s best efforts to drag it forwards.

Acknowledging the friction, Tang said: “The work has been challenging. Some of the items on the agenda as you know have been around for a long time and I will not deny that they challenge the spirit of openness, transparency and fairness. We hope we’ll be able to give this meeting and all the different agenda items in it the best possible airing, the best possible push.”

Tang also hoped that his perspectives and experience, coming from Singapore – “a bridge between East and West, North and South, developed and developing” – would help things along.

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The 'Focus on Creators' Campaign in Canada, by Hugh Stephens

WHAT DO Alanis Morissette, Margaret Atwood, Bryan Adams, Marie Claire Blais, Michael Bublé, Sharon Pollock, Gordon Lightfoot and William Deverell have in common? Yes, they are all Canadian (eh?)

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WIPO Diary (SCCR 33) Day 4 - A way with words

WIPO Diary (SCCR 33) Day 4 - A way with words

Professor Daniel Seng returned to the chamber briefly this morning to field more questions and comments about his mega-study. A night’s sleep had clearly worked wonders on everyone, and the questions came thick and fast from all corners of the room.

Some delegates wanted clarifications; others suggested ways to improve the report. And it seemed that my prayers in Wednesday’s post had been answered when the Brazilian delegate spoke. In previous SCCRs Brazil has made a series of utterances indicating a distinctly ‘copyleft’ bent. But perhaps the wind of change blowing through Brazilian politics has arrived on this side of the Atlantic, as the delegate said: ‘In Brazil, this report will provide us with much food for thought in our ongoing internal debates about copyright law reform.’

Once Prof. Seng had departed (probably for a well-earned rest), the discussion moved onto exceptions and limitations for libraries and archives. One of the first interventions of the session was by the Nigerian spokeswoman on behalf of the African Group.

She said: ‘We believe it is simply time to determine a functional path forward, for the committee's work in this area. We strongly believe that the absence of a clear result-oriented timeframe for the committee — for the committee's discussion of the limitations and exceptions agenda — is more harmful than helpful to the work programme of the SCCR and the overall objective of the exercise.’

IPA’s legal counsel Carlo Scollo Lavizzari, a Swiss polyglot who’s well versed in diplo-speak, suggested that this statement could be read in two ways. Either the African Group wants to strike exceptions and limitations from the agenda altogether, since it is acting as a brake, or, more likely, they want to impose a strict timeframe in order to force a more urgent resolution.

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