Updates
in cra-briefings29 · September 15, 2005
IFRRO ADOPTS POSITION PAPER ON PIRACY
The International Federation of Reprographic Rights Organizations, IFRRO, has adopted a statement on the Prevention of Piracy. In its April statement, IFRRO acknowledges that unauthorized reproduction of copyright protected works is a threat to cultural industries and to the evolution of cultural expression. It believes that copyright and creators rights must be protected in order for creators to be motivated to continue create. According to IFRRO, national RRO’s have a role to play in preventing piracy RRO’s by contributing to the public’s awareness of copyright rights, by licensing material to allow legal access to copyright protected works, and by taking steps to enforce copyright when these rights are infringed. For more information on the on the IFRRO position paper please see:www.ifrro.org/papers/ifrro_statement_piracy.pdf.
JAPAN LAUNCHES IP STRATEGY
The Japanese Government has adopted a new strategy to make Japan one of the world’s leading intellectual property nations. A key element of the strategy involves plans to create an international treaty that would help curb the spread of pirated and knock-off goods – a growing problem for Asian nations. The measures proposed include enforcement strategies such as giving boarder officials the power to detain goods both entering and leaving a country. In addition, realizing that the creative economy cannot be strengthened without improving infrastructure, the government has set a ten-year goal for doubling the number of intellectual property professionals. For details about the Japanese policy please see:www.yomiuri.co.jp/newse/20050531woll.htm
GOOGLE ELECTRONIC LIBRARY MEETS WITH PRAISE AND CRITICISM
Late May saw the launch of a Google program under plans to digitize the contents of some of the world’s greatest libraries. These include Oxford University’s library and the New York City Public Library. Users are already able to search a portion of the content of these libraries on line. The project has been praised by advocates for greater public access to copyright protected materials. Though the libraries have consented to participation in the project and Google has stated that it plans to commence with materials that are in the public domain, the project has drawn the ire of a number of major international publishing houses and other organizations. Copyright owners fear that the digitization project will go beyond the public domain to include work in which copyright still exists, impinging on their rights. Public statements to this effect have been made by the American Association of University Presses, as well as publishers John Wiley & Sons and Random House.
The issues related to the digital publication of copyright protected works were highlighted earlier this year when John Wiley & Sons launched 10 law suits against individuals and organizations for allegedly selling pirated copies of texts over the internet.
For more details see: Business Week Online of May 23, 2005.
WIPO DEBATE ON THE VALUE OF IP IN THE INFORMATION SOCIETY
Last June, WIPO held a two-week online forum to generate information for the ongoing debate about the value of intellectual property in the information society. The event was open to all interested persons who wished to contribute. WIPO received hundreds of submission, all of which remain posted on the Forum’s Website(see links below). Of all submissions received only three were removed for offensive content and several others other because of multiple submission.
There were ten themes discussed including whether intellectual property helps or hinders creative expression and whether emerging online business models used to deliver content help or hinder the development of IP. Though the results of Forum have not bee analyzed, WIPO believes that the information gathered in this process will be used to shape its contributions to the second phase World Summit on the Information Society. To review the contributions of the forum please visit: www.wipo.int/ipisforum/en.
“REPORTERS WITHOUT BORDERS” SPEAKS FOR FREEDOM OF INFORMATION ON THE INTERNET
Reporters without Borders and the Organization for Security and Cooperation in Europe have made six recommendations to ensure freedom of information on the Internet. Though the recommendations are initially focused on the European Community, Reporters without Borders have asserted that they have broader international implications. The recommendations suggest that any law affecting the flow of information be anchored in the right of freedom of expression as found in the UN Universal Declaration of Human Rights. Furthermore, Reporters Without Borders suggests that citizens should be able to decide what they wish to access on the internet, and that any filtering or rating of online content by governments is unacceptable. (See also www.rsf.org/article.pho3?id_article=14136.)
AMENDMENTS TO THE COPYRIGHT ACT TABLED IN PARLIAMENT
On June 20, 2005 the Canadian Government introduced its long anticipated Bill to amend the Copyright Act. Bill C-60 is the first since 1997, and the attempts to deal with some aspects of the Internet. The Bill can be commended for placing Canadian photographers on the same footing as other creators (measures giving photographers first copyright), and for recognizing the rights of performing artists. The Bill provisions regarding Internet Service Providers, digital rights management and technical preventions measures will also put Canada in a position to ratify the WIPO treaties.
The revisions to the Act are not being praised on all fronts, however. Creator and producer groups are concerned that the educational amendments will be damaging for the collective administration of copyright. This concern relates to the automatic application of the collective license for digital material used in classrooms, apparently without any consideration of the practical implications of this to the licensing regime. Creator groups are also concerned about the decision to relieve Internet service providers (ISPs) of responsibility for the material being distributed through their networks without giving artists any real means of enforcing their rights when their work is illegally put on line.
Some user groups are concerned that the WIPO amendments will damage the rights of users, and are critical that the Bill does make any moves toward the American concept of fair use (see www.p2pnet.net). Several groups have expressed disappointment that the legislation takes steps toward making filing sharing on the Internet illegal, depicting this as an infringement of the users’ right to freedom of speech and access on the Internet. For more information on the concerns of user groups see: www.cippic.ca and www.digital-copyright.ca.
The comments on the Bill have so far been generally cautionary as it appears many groups are waiting until parliament reconvenes in the Fall to gain a greater understanding of the actual application of the Bill. Creators’ associations and collective societies that are grouped under the banner of DAMIC (www.damic.qc.ca) in Quebec and the CCC (www.creatorscopyright.ca) in Canada will be announcing their position soon on the proposed bill. We will report on these in the up-coming bulletins.
The full text of the bill can be found at www.strategis.ic.gc.ca. The government commentary on the bill can be found at www.ic.gc.ca/cmb/welcomeic.nsf The Conservative Party’s response can be found at: http://www.conservative.ca/EN/news_releases/conservatives_defend_educators_use_of_internet/.
Other parties have yet to respond formally.