IP & Related
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Towards WIPO Regional Seminars On Copyright Exceptions: Looking Out For Users

Twelve years after the first proposal on the topic, it’s time to speed up the discussion about the global copyright limitations and exceptions regime, advocates and officials said alongside negotiations at the World Intellectual Property Organization last week. And a key focus will be on regional meetings being planned by WIPO on the issue.
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Harvard’s Derek Miller explains how copyright affects creativity –

Derek Miller is the John L. Loeb Associate Professor of the Humanities in the English Department, where he studies links among the performing arts, economics, and law. “Copyright and the Value of Performance, 1770‒1911,” his first book, examines the origins and history of U.S. performance rights. The book was published in August, two months before President Trump signed into law the Music Modernization Act, which updated antiquated rules to pay artists more in the age of streaming.
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EU’s copyright directive and its unintended consequences –

The Parliament’s version of Article 13 of the EU’s copyright directive puts that growth at risk. YouTube supports updating copyright for this digital age, and an Article 13 that protects rights holders, creators, and users alike. We do think there’s a better way and favor clear rules that make it possible for Europeans to keep sharing their creativity, while giving clear guidance on how platforms and content owners should work together to identify and remove infringing works.
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Copyright reform will put an end to this freeloading

Ms Reda acknowledges that Article 13 of the Copyright Directive is about YouTube taking responsibility for the content it hosts, but undermines her reasoning by claiming that “freedom of expression online is under threat”. YouTube is challenging not just the music community, but arguably the wider democratic process. After years of scrutiny the European Commission, Council and Parliament have concluded YouTube must take some responsibility for the content it publishes. The platform remains in denial, abetted by those who join in its scaremongering.
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Urges Copyright Office to Set Clear, Simple Rules for Legacy Sound Recordings

Yesterday, Public Knowledge filed comments with the Copyright Office in its rulemaking, as part of the recently passed Music Modernization Act, to establish a “safe harbor” protocol for non-commercial use of pre-1972 sound recordings. Public Knowledge encourages the Office to make this safe harbor process accessible to average Americans, so that individuals and small institutions can make noncommercial uses of pre-1972 sound recordings which are not currently being made commercially available in the open market.
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Publishers, authors welcome NZ Copyright Act review | Books+Publishing

The New Zealand government’s Ministry of Business, Innovation and Employment has released an issues paper on the review of the Copyright Act, which has been welcomed by both the Publishers Association of New Zealand (PANZ) and the New Zealand Society of Authors (NZSA).
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Copyright Law Professor Urges Australia to Repeal Site-Blocking Laws

The Australian Government is moving full speed ahead with plans to expand its current pirate site-blocking laws. The new proposals make it easier to block new domains and will allow for search engine blocking. According to law professor Matthew Rimmer, these expansions go too far. Instead of a copyright crackdown, the Government should work on a "bill of rights" to protect the freedoms of Australians, he notes.
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– New copyright negotiation documents: more words, not more solutions

With every blog post or update I write, I try to illustrate why today is decisive in the negotiations for the copyright reform. The legislative process may seem neverending and repetitive – indeed, the same criticisms of articles 11 and 13 hold today, as they did a year ago – but fact is that we are nearing the end. Every meeting is more decisive than the last.
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Article 13: If You Want To Force Google to Pay Artists More, Force Google to Pay Artists More

The European Union is fumbling towards a final draft of the new "Copyright in the Digital Single Market Directive," including the controversial "Article 13," which requires all but the smallest online platforms to set up crowdsourced databases of copyrighted works and censor anything a user posts that matches (or partially matches!) the contents of these databases.
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Why 'fair use' is so important for South African copyright law

“Fair use” is a doctrine adopted by some countries that permits the use of copyright material like books, journals, music and art work – without requiring permission from the copyright holder. It provides a balance between the just demands of rights-holders and the need for people to use copyright material for education, research, in libraries and archives.
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SoundCloud Copyright Fraudster Attacks Dozens of Bass Music Artists

Multiple bass music artists have alleged that their tracks have been removed from SoundCloud for wrongful copyright claims. Working under an account by the name "Dr Egg," an unknown user reportedly made copyright violation claims against multiple artists, which these artists are claiming resulting in the removals.
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EU Copyright Regulations May Prevent Artists from Sharing Work on Social Media

Imagine it’s the summer of 2021, and an artist based in Berlin is uploading an image she created to express her support for the candidate vying to be Germany’s next chancellor—whomever she or he turns out to be—in the style of Shepard Fairey’s iconic 2008 Barack Obama Hope campaign poster to Facebook. Before the image hits the news feed, a recently introduced Facebook upload filter checks the artist’s image against a vast database of copyrighted materials, turning up Fairey’s poster and countless other images in a similar style. The artist’s upload is denied; she can appeal the filter’s decision, but the process could take weeks, by which time the election will have passed and the image may be irrelevant. She gives up on sharing her artwork.
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Europe’s Copyright Rules Will Stifle Free Expression

On May 25, 2018, those who follow internet policy in Europe had one overriding area of interest: the General Data Protection Regulation (GDPR), a game-changing set of privacy rules that served as the perfect cover for another, far more drastic and controversial change in European law.
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Japan to extend copyright period on works including novels, paintings to 70 years on Dec. 30

Japan is set to extend the copyright period on works such as novels and paintings to 70 years after the authors’ deaths from the current 50 years, effective Dec. 30, when the revised copyright law goes into force.

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Australian web-blocking system amended to copyright owners’ advantage | Complete Music Update

The Australian Parliament has passed a new law that will beef up web-blocking rules in the country. The Copyright Amendment (Online Infringement) Act 2018 was passed by the House Of Representatives last month and then by the Senate this week.
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Australian Parliament Moves Copyright Amendment Out Of Committee and Into Law | Techdirt

As we have been discussing over the past few months, Australia has been considering updating its copyright law from one which does site-blocking with judicial oversight to one which does site-blocking, mirror-blocking without judicial oversight, search results blocking, and expands the definition of the types of sites to be blocked from those with the primary "purpose" of infringement to those with the primary "effect" being infringement. These changes came with concerns in tow, both from government officials and tech companies, and it's understandable why.
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Civic Nation BrandVoice: USOW Inspires: The Return Of Kindness

Eastern Unlimited claims that Rosier has violated both copyright and trademark law by producing, marketing and selling apparel that features a cartoon image of the NBA star wearing the mask made famous in the 1996 teen slasher movie “Scream.” According to an interview with GQ, Rozier chose the black-shrouded, shrieking white face over the "Friday the 13th" hockey goalie mask worn by serial killer Jason Voorhees because he's been a fan of the "Scream" series since childhood.
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Facebook and Google want Ottawa to maintain status quo on copyright

Canada’s existing copyright system strikes an appropriate “balance” between right holders and users, and pursuing structural changes to mirror the European Union’s polarizing new Copyright Directive would stifle innovation and creativity, representatives from Facebook and Google said Monday.
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Google, Village Roadshow Weigh In On New Search Blocking Amendments To Australian Copyright Law | Techdirt

As we've been talking about for some time, Australia is set to amend its copyright laws to expand what were site-blocking provisions into search-blocking ones. It's an odd bit of mission creep, as the copyright industries in Australia have at once praised site-blocking as being very effective at curbing piracy while also insisting that search-blocking needs to be done to curb piracy. Despite this, the amendment appears to have broad government support, with the exception of a few detractors.
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State-of-the-art copyright filters threaten freedom of expression

YouTube and the music industry are battling it out over a section of the EU copyright directive, as the European Parliament and Council enter into final discussions about the proposed regulation. At issue is whether the streaming site and other internet platforms should be held responsible when their users post content that violates someone else’s copyright.
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The EU's Link Tax Will Kill Open Access and Creative Commons News

All this month, the European Union's "trilogue" is meeting behind closed doors to hammer out the final wording of the new Copyright Directive, a once-noncontroversial regulation that became a hotly contested matter when, at the last minute, a set of extremist copyright proposals were added and voted through.
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New Zealand music biz welcomes Issues Paper on review of Copyright Act

Both the recording, songwriter and publisher rights sectors of New Zealand have welcomed the release by the NZ’s government of the Issues Paper on the review of the Copyright Act.

The purpose of the review is to assess how well the legislation meets NZ’s objectives for copyright and to identify barriers to achieving those objectives and how these effect creators, publishers, distributors and consumers.
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New DMCA Exemptions Including Use of Motion Picture Clips

On Friday, October 26th, the U.S. Copyright Office published a final rule in the Federal Register adopting exemptions to prohibitions of the circumvention of technological control measures (TPMs) which are enacted in the Digital Millennium Copyright Act (DMCA). Part of the exemptions recently approved by the Copyright Office enables the broader use of video clips for fictional and narrative films, an exemption which is being hailed as a major victory for independent filmmakers.
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Leaks Show Europe's Attempts to Fix the Copyright Directive Are Failing

The EU’s “Copyright in the Digital Single Market Directive” is closer than ever to becoming law in 28 European countries, and the deep structural flaws in its most controversial clauses have never been more evident.
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Paris Court Finds Jeff Koons Guilty of Copyright Infringement - Artforum International

More than three years after advertising creative director Franck Davidovici sued Jeff Koons for copyright infringement, a Paris court has found the American artist guilty of plagiarizing a 1985 ad campaign, Fait d’hiver, by the French clothing label Naf Naf. Both the ad and Koons’s statue, which he produced in 1988, share the same name and feature a pig with a barrel of rum hanging from its neck nuzzling a woman lying in the snow. The latter was sold to the Prada Foundation for over $4 million in 2007.
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