A crucial part of IPA's mission is to inform member associations and the wider global publishing community about breaking developments which will impact publishers. We do this through a number of channels. the IPA website, our monthly e-newsletter, press releases and the IPA's dedicated social media feeds.

No one expected US judge Pierre Leval or preeminent American copyright lawyer Jon Baumgarten – respective champions of the ‘for’ and ‘against’ camps in the global US-style ‘fair use’ conversation – to give ground when they squared up this month at the 2017 Charles Clark Memorial Lecture, delivered in an experimental debate-format.

Nonetheless, to publishers and other copyright watchers, this was a tantalizing prospect: the Hon. Pierre Leval, author of the April 2016 Google Books decision, trading scholarly blows with his old confrère Jon Baumgarten Esq., a stalwart IP defender and outspoken critic of the evolving fair use doctrine.

Judge Leval, America’s foremost copyright jurist and a judge on the U.S. Court of Appeals Second Circuit, opened by conceding that content owners were living in ‘scary times’. The concessions stopped there, though, and he asserted that digital technologies can improve utility ‘without significant impairment’ of copyright protected rights.

Leval told the 200-strong audience of mainly copyright adherents that while the Google Books case had been protracted, acrimonious and not without controversy, his decision had been a simple one. He said the Google’s industrial-scale copying and indexing of books brought big benefits to ‘authors and the public’, did not offer a substitute for the books and did not interfere with IP owners’ right to control distribution.

He said: ‘I say to you, to an audience which I assume to be an audience of content owners and rightsholders, fair use is not your enemy; it is solicitous of your rights.’

"Fair use is not your enemy; it is solicitous of your rights."
The Hon. Pierre Leval

Taking the podium second, former General Counsel for the U.S. Copyright Office, Jon Baumgarten, parried these assertions by saying that publishers did not see fair use as their enemy, but that Google’s systematic, mass copying of books was ‘very far outside the sense, spirit, design and intendment of fair use as I have known and practiced it for over forty years.’ He also asserted that the Google Books decision overly expanded the margin to freely copy others’ works – a precedent that could potentially do significant harm to rightsholders in the digital age.

Ominously, Baumgarten then warned that ‘elements of the technology industry are promoting US-style fair use overseas’ in order to further their commercial interests, echoing comments made by 2016 Charles Clark lecturer Professor Michael Fraser, who said that powerful social forces are attacking copyright.

"Elements of the technology industry are promoting US-style fair use overseas."
Jon Baumgarten Esq.

The debate-format Charles Clark Lecture 2017, of which the IPA was a co-sponsor, was the brainchild of Paul Doda, Global Litigation Counsel for Elsevier, and the chair of the IPA’s Copyright Committee. The lecture is delivered annually under the auspices of the London-based Publishers Licensing Society (PLS) and UK Publishers Association (PA), in association with The London Book Fair.

The other co-sponsors of the event were: American Association of Publishers (AAP); Copyright Clearance Center (CCC); Copyright Licensing Agency (CLA); Federation of European Publishers (FEP); International Association of Scientific, Technical and Medical Publishers (STM); International Federation of Reprographic Rights Organizations (IFRRO); Elsevier; Harbottle and Lewis; Proskauer; Pearson; Taylor Wessing; and WIGGIN.

Click for the full transcript of the debate.

Submit to FacebookSubmit to TwitterSubmit to LinkedIn

Blog

Ben Steward
01 October 2019
Freedom to publish
Book policy
Copyright
Literacy
Publishing industry

The second and final day of the IPA Regional Seminar in the Middle East was opened by Sharjah publisher Bodour Al Qasimi (Kalimat Group), who is (among other things) also the IPA Vice-President.

Ben Steward
30 September 2019
Publishing industry
When the IPA regional seminar in Amman, Jordan, got underway this morning there was a crackle of promise in the air. This was more than a conference opening – it was like the inauguration of a new bridge spanning the space between the IPA’s global me...
Hugo Setzer
23 September 2019
Freedom to publish
Copyright
Publishing industry
Accessibility
Between end of July and early September I had the chance of participating in several important events throughout Latin America. A region full of contrasts, where a wealthy, vigorous parts of society still coexists with undeserving levels of poverty. ...
Azadeh Parsapour
16 September 2019
Freedom to publish
Publishing industry
Every year I read dozens of manuscripts submitted to our publishing house. Unfortunately not all of them are as enjoyable or educating as I expect and only a handful end up published. Beside these books, that I don’t have any control in choosing, I h...
Michiel Kolman
17 July 2019
Accessibility
Diversity and Inclusion
On the topic of inclusion, we tend to focus on the areas of gender and sexual orientation. What does not receive as much attention is the area of accessibility. Simply put, having our products and services designed for people with disabilities speaks...
Hugo Setzer
03 July 2019
Freedom to publish
Copyright
Publishing industry

What do Kenya, Germany and Korea have in common? There are all members of IPA, and during June I had the unique opportunity to make a two-week trip to all three of them.

Michiel Kolman
26 June 2019
Freedom to publish
Publishing industry
Diversity and Inclusion
Diversity and Inclusion comes in many different shapes and colors and this month, Pride month in many countries, the focus will be on LGBTI+, or Lesbian, Gay, Bisexual, Transgender and Intersex, where the plus denotes all other groups in an overall i...
Michiel Kolman
24 April 2019
Publishing industry
Diversity and Inclusion
Arguably a forerunner in making progress on the topic of inclusion and diversity, the UK Publishers Association began their journey with a landmark report on the diversity of the UK publishing industry in 2017. They have just released their findings ...

Press Releases campaign 2019

 

Press Releases campaign 2018

 

Newsletters campaigns 2019

 

Newsletters campaigns 2018

 

International Publishers Association

23, avenue de France
1202 Geneva, Switzerland
+41 22 704 18 20
info@internationalpublishers.org

Subscribe to our newsletter