Items tagged "Limitations & Exceptions"

Press Release

Public Knowledge Urges Supreme Court to Preserve First Sale for Imports

July 9, 2010 Limitations & Exceptions , Press Release , Trademark

This week, Public Knowledge asked the Supreme Court to reverse a decision that Costco was infringing copyright merely by selling genuine Omega watches without the watchmaker’s permission.

 

The brief, which was joined by the Electronic Frontier Foundation, the American Free Trade Association, the American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association, can be found here.

 

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Copyright and Secrecy Don’t Make for Good Trade Agreements

May 10, 2013 ACTA , International , Limitations & Exceptions , Transparency , USTR

Dear USTR, copyright has meaningful non-economic and social value; keep it out of the U.S.-E.U. Free Trade Agreement. If you have to have it, make sure it protects all Americans and not just large content owners. (And make the agreement transparent and inclusive while you’re at it.)


Today we filed comments about the proposed United States-European Union Free Trade Agreement – the Transatlantic Trade and Investment Partnership (TTIP). We told the Office of the United States Trade Representative (USTR) that copyright is an uncomfortable fit for a trade agreement and should be kept out of the TTIP.

If the USTR still wants to include copyright within the TTIP, it should make sure that a copyright chapter in the TTIP will not impede Congress’s ability to change U.S. copyright laws.

We also asked the USTR to break from the past and not negotiate the TTIP in secret.

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Copyright’s Impact on Free Expression Rights

February 27, 2013 Fair Use , Limitations & Exceptions

Exclusive rights conferred by intellectual property laws can conflict with human rights. Yet policy makers rarely acknowledge this possibility and continue to make IP rules that increase the scope of exclusive rights. In a recent decision the European Court of Human Rights (ECHR) disagreed, recognizing that copyright laws can have an adverse impact on the freedom of expression. Scholars point out that the court is likely to hear more such cases in future.

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The Internet Radio Fairness Act: What It Means for Radio, Musicians, and You

November 6, 2012 Limitations & Exceptions , Music , Music Licensing , radio royalties

Last week we broke down the details of the Internet Radio Fairness Act, the recently proposed bill that aims to update the compulsory licenses for online radio services. This week we’ll be delving more into the real world impacts of IRFA.

At the end of the day, the proposals in IRFA are a good start toward promoting a healthy, competitive radio marketplace, but there are still a couple of missing pieces that the bill must include to truly be technology-neutral and to fairly balance the interests at stake in the radio marketplace.

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The Internet Radio Fairness Act: Revamping the Online Radio Marketplace

November 2, 2012 Limitations & Exceptions , Music , Music Licensing , radio royalties

Royalties for online radio and other digital music services are a prominent topic for today’s recorded music industry, and the discussion has only grown with the recent introduction of the Internet Radio Fairness Act in the House and Senate. IRFA aims to revamp the parts of the Copyright Act that create licenses for online radio services to pay for transmitting sound recordings to their users. More specifically, IRFA would change the standard by which online radio royalty rates are set, alter the qualifications and appointment procedures for the Copyright Royalty Judges, and make several more changes to the process of setting online radio royalties.

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Defining your rights to participate in culture: How the USTRs attempts on limitations and exceptions

August 14, 2012 Limitations & Exceptions , TPP

All over the world, blind people cannot get books and other printed material as easily as those of us with sight can. Teachers face difficulties in using movies and music, particularly those in digital format, in the course of teaching. Librarians are constrained in their ability to lend and preserve books, movies, and music. Copyright laws, with the restrictions and costs they impose on these users, are a major contributor to these barriers. International copyright agreements exacerbate these barriers by constantly ratcheting up exclusive rights over knowledge and cultural products and diminishing user rights. The TPP is the latest iteration of these agreements.

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EU Parliament Rejects ACTA: Ray of Hope for TPP

July 5, 2012 ACTA , Limitations & Exceptions , TPP

Yesterday, we were treated to news of a very positive development from Europe: the European Parliament voted, by a massive majority (478-39), to reject the Anti-Counterfeiting Trade Agreement (ACTA).

This rejection comes after more than five years of negotiations that were plagued by controversy and outcry against ACTA’s secretive process. So what should you make of this rejection and what lessons should future trade negotiators learn from the ACTA experience?

For one, it should be apparent that the negotiating process is just as important as the substance. Shutting out the public and their representatives and giving privileged access to the entertainment and pharmaceutical industries severely undermines the legitimacy of the negotiating exercise.

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Possible Inclusion of Limitations & Exceptions in TPP Good Step, by No Means Adequate

July 3, 2012 Limitations & Exceptions , TPP

PK and others have argued for a long time that international agreements, including the proposed Transpacific Partnership Agreement (TPP) must include mandatory provisions on limitations and exceptions. These provisions must promote fair use of works and also generally reflect the robust user rights that that US copyright system seeks to promote. Perhaps as an acknowledgement of the concerns that these arguments reflect, the Office of the United States Trade Representative (USTR) has announced that it is proposing a provision on limitations and exceptions in the TPP.

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Public Knowledge Joins Petition for Ownership Rights

June 22, 2012 First Sale , Kirtsaeng , Limitations & Exceptions

Today, a group of public interest organizations, including Public Knowledge, launched a petition asking the Obama administration to affirm the concept of ownership rights—the idea that consumers should actually fully own the things that they buy.

This may seem like a fairly obvious concept not in need of affirming, but the fact of the matter is that increasingly bizarre interpretations of copyright law threaten to make it illegal for you to sell, lend, or give away many of the things you own.

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Why did we have a Special 301 hearing?

February 24, 2012 Enforcement , Limitations & Exceptions , Special 301

Yesterday, the Office of the United States Trade Representative (USTR), along with several other government agencies, held a hearing on its Special 301 process. This hearing was part of the process by which the USTR compiles a list of countries that do not provide “adequate and effective protection” to the intellectual property rights of U.S. persons or deny market access to them. I testified on behalf of Public Knowledge. A copy of my testimony is available here.

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