Author: Sean Flynn

Defending Fair Use In South Africa

Posted by Sean Flynn | Dec 4, 2018 | Domestic Legislation, Fair Use

[Sean Flynn, Peter Jaszi, and Michael Carroll] On Wednesday the South African National Assembly vote on the Copyright Amendment Bill, which includes a new “fair use” right. The publishing industry is marking the occasion by circulating an alarmist petition that the legislation will have a “direct and detrimental impact on all South African authors.” Learned professors at the University of Stellenbosch have taken to calling the bill “shambolic”, and “an abomination.” . It is certainly time for a little light to go with the heat.

TERA Presentation at SCCR 37 Workshop on “Toward Action With Respect to the Limitations and Exceptions Regime”

Posted by Sean Flynn | Nov 28, 2018 | Limitations and Exceptions, Multilateral Fora

Jon Band and I were asked by the education and research beneficiary groups to work with them to draft model instruments that would reflect the work of the SCCR thus far and contribute to the development of an international instrument on education and research exceptions to copyright. The result of this project is the Civil Society Proposed Treaty on Educational and Research Activities (TERA). We release the Draft Treaty at the World Intellectual Property Organization Standing Committee on Copyright and Related Rights for the first time today. Here I describe briefly our methodology in creating the draft and the main provisions of it. Further information is available at https://blog.knowledgegov.org/tera

Statement of the Global Expert Network on Copyright User Rights at WIPO 37th SCCR

Posted by Sean Flynn | Nov 28, 2018 | Limitations and Exceptions, Multilateral Fora

Mr Chairman, I speak here on behalf of PIJIP’s role as the coordinator of the Global Expert Network on Copyright User Rights – an international coalition of academics and researchers. We urge the Committee to use this session to add content to the agenda for regional seminars.

A TREATY ON COPYRIGHT EXCEPTIONS AND LIMITATIONS FOR EDUCATIONAL AND RESEARCH ACTIVITIES (TERA)

Posted by Sean Flynn | Nov 20, 2018 | Limitations and Exceptions, Multilateral Fora

39 education and research organizations, including the 30 million members of Education International, are calling upon the World Intellectual Property Organization to adopt a Treaty on Copyright Exceptions and Limitations for Educational and Research Activities (TERA). TERA is open for endorsement by organizations and individuals. The Treaty was adopted at the Global Congress on Intellectual Property and the Public Interest on September 27, 2018, and released in revised form this week. The Treaty is the result of extensive consultation with numerous Member States and stakeholders in the education and research field, including at multiple workshops around the world.

Updated Background Paper for the Treaty on Education and Research Activities (TERA)

Posted by Sean Flynn | Nov 1, 2018 | Multilateral Fora

[With Jonathan Band and Zhao Zhao] The World Intellectual Property Organization has long recognized the importance of copyright exceptions to education and research…. However, there is great disparity in WIPO member states concerning the adequacy of exceptions for education and research. In particular, the exceptions in many developing countries are insufficient to meet their pressing needs, in accordance with the United Nation’s sustainable development goal of quality education. Accordingly, a treaty on copyright exceptions and limitations for educational and research activities is necessary to establish global norms in this critical area. This background paper describes a proposed treaty that has been endorsed by a coalition of civil society groups. It has been updated from an October 8 Version to includes a section-by-section description of the treaty text.

Briefing Paper: A Treaty on Copyright Exceptions and Limitations for Educational and Research Activities

Posted by Sean Flynn | Oct 8, 2018 | Limitations and Exceptions, Multilateral Fora

The World Intellectual Property Organization has long recognized the importance of copyright exceptions to education and research…. However, there is great disparity in WIPO member states concerning the adequacy of exceptions for education and research. In particular, the exceptions in many developing countries are insufficient to meet their pressing needs, in accordance with the United Nation’s sustainable development goal of quality education. Accordingly, a treaty on copyright exceptions and limitations for educational and research activities is necessary to establish global norms in this critical area.

Endorse the Civil Society Proposed Treaty on Copyright Exceptions for Educational and Research Activities

Posted by Sean Flynn | Oct 1, 2018 | Limitations and Exceptions

Today, we release a treaty proposal to take another step toward the goal of a set of binding norms that require all countries to make research and learning materials available for use by all, whenever such use is in accord with the time-tested copyright principle of “fair practice.” The Civil Society Proposed Treaty on Copyright Exceptions for Educational and Research Activities has been endorsed by 15 civil society and research organizations at the Global Congress on Intellectual Property and the Public Interest. It is open for review and endorsement

Response to IIPA Comments to USTR Regarding South Africa’s Copyright Amendments Bill and AGOA Eligibility

Posted by Sean Flynn | Aug 24, 2018 | Domestic Legislation, Fair Use, Trade Disputes

[Sean Flynn and Peter Jaszi] We write in reference to the August 1, 2018, filing of the IIPA, in respect of South Africa’s proposed copyright amendments. IIPA claims that adoption of the South Africa copyright amendment bill “would place South Africa out of compliance with the AGOA eligibility criteria regarding intellectual property.” We find this claim wholly unsupported.

Comments of the Global Expert Network on Copyright User Rights and Creative Commons Corporation (HQ) on South Africa’s Copyright Amendment Bill (2017) [B13-2017]

Posted by Sean Flynn | Jul 18, 2018 | Domestic Legislation, Fair Use, Limitations and Exceptions

We commend Parliament for its forward-looking copyright amendments that will assist South African creators and users of copyrighted works benefit from the digital age. We commend you as well for the open public process through which you have drafted the bill. We support the specific textual suggestions included in the ReCreateSA submission. We provide the following comments focusing on Section 12 of the draft Copyright Amendment Bill, and in particular the “fair use” provision in 12B.

Statement on Limitations and Exceptions for WIPO Broadcast Treaty

Posted by Sean Flynn | May 29, 2018 | Limitations and Exceptions, Multilateral Fora

Thank you chair. I want to speak quickly to the issue of limitations and exceptions for the Broadcast treaty should one proceed. We should not be using a 20 year old model that ignores the many advancements in this area. With all due respect, both the chair’s text and the proposal by Argentina and Brazil at the last round are unduly limited. They do not include mandatory exceptions from other agreements, including Berne and Marrakesh. Nor do they consider the needs of libraries, archives, museums or for education or research activities currently in discussion in this committee. Nor do they include the best examples of provisions protecting domestic policy space.

Update on South African Copyright Reform: Fair Use Provision May Be Removed

Posted by Sean Flynn | Apr 26, 2018 | Domestic Legislation

In the latest report from the South Africa copyright amendment bill process (see below), the Parliamentary Portfolio Committee suggested that it may be taking its fair use proposal off the table… notes from the most recent committee meeting conclude that the copyright exception provisions in the bill might be limited to “address the issues of hearing-impaired people, librarians and museum staff, and the Department of Trade and Industry would select a third issue, but one that was not contentious so that the legislation could be fast-tracked.”

Address on Copyright Limitations at the 2018 JET Law Symposium

Posted by Sean Flynn | Mar 5, 2018 | Blog

The Journal of Entertainment and Technology Law and Professor Daniel Gervais hosted the 2018 Symposium titled JETLaw Symposium, Dramatic Changes: The Effect of International Trade on Intellectual Property and Human Rights on Thursday, January 25, 2018 at Vanderbilt Law School. The Symposium featured three panels of scholars discussing issues related to the intersection of these three topics.

Comments to the Mexican Senate on Copyright Provisions in the NAFTA Renegotiation

Posted by Sean Flynn | Mar 1, 2018 | Academic Resources, Empirical Research, Limitations and Exceptions, NAFTA

I am here to speak about the importance of including provisions in NAFTA to protect the abilities of countries to have general and open public interest copyright exceptions. All three countries have such exceptions to varying degree. And all three are under threat from the agenda of some copyright holders in international forums.

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Author: Sean Flynn

Defending Fair Use In South Africa

TERA Presentation at SCCR 37 Workshop on “Toward Action With Respect to the Limitations and Exceptions Regime”

Statement of the Global Expert Network on Copyright User Rights at WIPO 37th SCCR

A TREATY ON COPYRIGHT EXCEPTIONS AND LIMITATIONS FOR EDUCATIONAL AND RESEARCH ACTIVITIES (TERA)

Updated Background Paper for the Treaty on Education and Research Activities (TERA)

Briefing Paper: A Treaty on Copyright Exceptions and Limitations for Educational and Research Activities

Endorse the Civil Society Proposed Treaty on Copyright Exceptions for Educational and Research Activities

Response to IIPA Comments to USTR Regarding South Africa’s Copyright Amendments Bill and AGOA Eligibility

Comments of the Global Expert Network on Copyright User Rights and Creative Commons Corporation (HQ) on South Africa’s Copyright Amendment Bill (2017) [B13-2017]

Statement on Limitations and Exceptions for WIPO Broadcast Treaty

Update on South African Copyright Reform: Fair Use Provision May Be Removed

Address on Copyright Limitations at the 2018 JET Law Symposium

Comments to the Mexican Senate on Copyright Provisions in the NAFTA Renegotiation

NGOs Banned from WTO Ministerial

WIPO Broadcast Treaty Turns to Limitations and Exceptions

Ottawa NAFTA Round Turns to Copyright

Why Fears About ‘Fair Use’ Copyright Law Are Unfounded

Lessons From South Africa: Protecting Non-Expressive Uses In Copyright Reform

User Rights Network Submission on Copyright Amendment Bill

Statement to SCCR 34 on Copyright in the Digital Environment