Items tagged "Limitations & Exceptions"

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Copyright Does Not Trump Disability Rights Law

November 2, 2011 Limitations & Exceptions , Protect IP Act , SOPA

Who would have thought that closed captioning could become the next big copyright fight? Yesterday Public Knowledge filed reply comments in an FCC proceeding implementing new video closed captioning rules under the 21st Century Communications and Video Accessibility Act (“CVAA”). Other commenters in the proceeding argued that copyright protections prevent video programming distributors from adding or improving captions to videos that don’t meet the CVAA’s requirements. PK stepped in to point out that even if captioning infringes copyright (which is unlikely), copyright, like any other private right, is subject to constitutional laws and regulations. Copyright does not trump a captioning law any more than real property rights trump the Americans with Disabilities Act.

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Global Congress on Intellectual Property and Public Interest Happening Next Week

August 17, 2011 Fair Use , Limitations & Exceptions

The good folks over at American University are hosting the Global Congress on Intellectual Property and the Public Interest next week. The Congress will bring together scholars, policymakers, and policy advocates to discuss how positive copyright policies can be constructed. The purpose of the event is to come up with policy recommendations that would allow copyright to serve the interests of artists and the general public and not just a few established industries. The plenary session of the Congress is open to the public and folks at American University welcome your participation. Here’s more information about the Congress:

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A Trade Agreement For The 21st Century

March 22, 2011 ACTA , DMCA , Enforcement , Limitations & Exceptions , TPP

Today, Public Knowledge, the Special Libraries Association and Internet NZ told the Office of the United States Trade Representative (USTR) that an IP chapter in a truly “21st century trade agreement” should reflect the rights and interests of the wide variety of stakeholders affected by copyright. To demonstrate how this can be done, we submitted to the USTR our own discussion draft of a copyright chapter to be included in the proposed Transpacific Partnership Agreement (TPPA) and a letter explaining the draft. In contrast to the U.S. proposed draft, recently leaked on the Internet, we believe that this draft represents a middle-ground position that begins closer to a position that respects the interests of the many different stakeholders that will be affected.

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Despite the RIAA/NAB Unholy Alliance to Force FM Radios Into All Cell Phones, Performance Royalties

August 17, 2010 Limitations & Exceptions , Music , Music Licensing

There’s an absolutely ridiculous story making the rounds—apparently the NAB and the RIAA have come to an agreement whereby the NAB will support broadcasters paying performance royalties, in exchange for the RIAA supporting a legal requirement that cell phones, mp3 players, and the like have FM receivers built in.

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There’s No “Third Way” on Copy Ownership

July 27, 2010 Fair Use , Limitations & Exceptions

New Labour, the FCC, and G.K. Chesterton are known for third ways. But when it comes to “copy ownership,” there’s no such thing. The mostly-awesome Copyright Office 1201 report wishes there was, however.

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Do the Visually Impaired Need Their Own ACTA?

June 29, 2010 Fair Use , Forum Shopping , International , Limitations & Exceptions

Last week, the Standing Committee on Copyright and Related Rights (SCCR)—part of the World Intellectual Property Organization (WIPO), a United Nations body, failed to make any progress toward increasing access to copyrighted works by the reading disabled. Though this is bad news, the issue is not over. There’s no reason why laws should prevent people who aren’t being served by the market from helping themselves by creating and sharing accessible works. But getting this message understood by a UN entity that operates by consensus is very hard. To understand why progress on helping the reading disabled has been so elusive, it helps to put WIPO into context—it’s an institution not renowned for speed.

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Our Comments to the IP Enforcement Coordinator

March 24, 2010 Enforcement , International , Limitations & Exceptions

A little while ago, we asked you to respond to the IP Enforcement Coordinator's request for comments with your thoughts on the U.S.’s enforcement policy. Today, we’ve sent in our own comments (joined by the Electronic Frontier Foundation, the American Association of Law Libraries, the Medical Library Association, Special Libraries Association, and U.S. PIRG) to be considered as the IPEC puts together the Joint Strategic Plan—the recommended agenda for national IP enforcement.

In our filing, we wanted to make two larger points. First, any analysis of effective enforcement has to take into account not just the harms that result from infringement, but also what the costs and benefits of different enforcement mechanisms are.

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PK and EFF: 2010 Special 301 Review Should Respect Copyright Balance and Increase Transparency

February 19, 2010 Deregulation , Enforcement , International , Limitations & Exceptions

Today, Public Knowledge, along with the Electronic Frontier Foundation (EFF) filed comments in the 2010 Special 301 review process. We wrote about this issue last time calling upon you to file comments with the USTR. I want to thank everyone who responded to our call and filed comments. Here are our comments.

As we said before, the Special 301 process, which is supposed to ensure protection for US intellectual property, has morphed into an instrument used to exert pressure on foreign countries to curtail socially beneficial intellectual property limitations and exceptions, ratchet up penalties for infringement, and force countries to sign treaties that are not necessarily in their best interest.

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