Limitations & Exceptions

Copyright limitations and exceptions

Why did we have a Special 301 hearing?

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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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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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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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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Copyright Does Not Trump Disability Rights Law

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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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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But don't even consider talking about the easy work-arounds, because the government can go after you for that. Bellow you will find resources on how you can take action as well as our latest blog posts and analysis on the issue. 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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. [#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

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. [#printed] => 1 ) [links] => Array ( [node_read_more] => Array ( [title] => Read more [href] => node/6346 [attributes] => Array ( [title] => Read the rest of Copyright Does Not Trump Disability Rights Law. ) ) ) )

Balanced Copyright

Copyright is a limited personal monopoly on an original writing, song, piece of art, or a group of any of those, for 70 years after the death of the creator (or 95 years if the creator was under corporate contract—a Disney cartoonist, for example).

Generally, copyright prevents others from being able to show, copy, perform, modify, or distribute the original work without the owner’s permission. Copyright allows creators to charge more for their work, or determine how they want their works to be used.

But there are limitations on the scope and application of copyright. Without these limitations, it would be nearly impossible to share, resell, lend, or even talk about creative works. Not every unauthorized use of a copyrighted work is an unlawful use: you don’t need an author’s permission, for instance, to resell a book or lend it to a friend.

Public Knowledge’s Position

Global Congress on Intellectual Property and Public Interest Happening Next Week

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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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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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:

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

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

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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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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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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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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Great Ideas To Examine How Copyright Impacts Innovation Presented At the National Academies

Almost all of us accept the proposition that copyright protection encourages creativity. But how much of this protection is appropriate? How long should it last? What sources of data can we look to to answer these questions? In the copyright context data about these and many other questions is sorely lacking and law and policy is made in its absence. For instance, in 1998 Congress extended copyright term from life of the author plus 50 years to life of the author plus 70 years based on assertions of certain rights holders (page 4) that longer terms would provide them with greater incentives to create. Yet, there was no evaluation of the effect this long term would have on many creative communities that use pre-existing works. Many, including PK, posit that these communities are adversely impacted by long terms. 



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Almost all of us accept the proposition that copyright protection encourages creativity. But how much of this protection is appropriate? How long should it last? What sources of data can we look to to answer these questions? In the copyright context data about these and many other questions is sorely lacking and law and policy is made in its absence. For instance, in 1998 Congress extended copyright term from life of the author plus 50 years to life of the author plus 70 years based on assertions of certain rights holders (page 4) that longer terms would provide them with greater incentives to create. Yet, there was no evaluation of the effect this long term would have on many creative communities that use pre-existing works. Many, including PK, posit that these communities are adversely impacted by long terms. 

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Almost all of us accept the proposition that copyright protection encourages creativity. But how much of this protection is appropriate? How long should it last? What sources of data can we look to to answer these questions? In the copyright context data about these and many other questions is sorely lacking and law and policy is made in its absence. For instance, in 1998 Congress extended copyright term from life of the author plus 50 years to life of the author plus 70 years based on assertions of certain rights holders (page 4) that longer terms would provide them with greater incentives to create. Yet, there was no evaluation of the effect this long term would have on many creative communities that use pre-existing works. Many, including PK, posit that these communities are adversely impacted by long terms. 

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Almost all of us accept the proposition that copyright protection encourages creativity. But how much of this protection is appropriate? How long should it last? What sources of data can we look to to answer these questions? In the copyright context data about these and many other questions is sorely lacking and law and policy is made in its absence. For instance, in 1998 Congress extended copyright term from life of the author plus 50 years to life of the author plus 70 years based on assertions of certain rights holders (page 4) that longer terms would provide them with greater incentives to create. Yet, there was no evaluation of the effect this long term would have on many creative communities that use pre-existing works. Many, including PK, posit that these communities are adversely impacted by long terms. 

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Despite the RIAA/NAB Unholy Alliance to Force FM Radios Into All Cell Phones, Performance Royalties Are Still a Good Idea

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 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 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 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

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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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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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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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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Public Knowledge Urges Supreme Court to Preserve First Sale for Imports

Issues: 

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.

 

Do the Visually Impaired Need Their Own ACTA?

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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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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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.

[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>

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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