Copyright Concerns Around the World

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Important changes to copyright law are being made by governments and in courtrooms around the world changes that can have a direct impact on the business of publishing and the ways in which content is …

Important changes to copyright law are being made by governments and in courtrooms around the world changes that can have a direct impact on the business of publishing and the ways in which content is licensed and used outside the country whose legislature or court took action. Michael Healy, formerly the head of the Book Industry Study and Group and the Book Rights Registry, is now Executive Director at Copyright Clearance Center, the leading global provider of content and licensing solutions.

In this talk, Healy reviews recent copyright developments around the world and some that are pending and explain how business-critical their implications are for publishers and users everywhere.

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  • 1. Copyright Concerns Around the World Michael Healy, Copyright Clearance Center Publishers Launch, Frankfurt: October 20121
  • 2. The global copyright landscape• Worldwide debate about the modernization of copyright• Copyright is no longer the exclusive domain of lawyers• Militant opponents to copyright feature in the debate• Governments and politicians are engaged• Judges and attorneys have never been busier• Technology is stretching the law in ways never envisaged• What happens across the globe can impact your business• Every content-related business is affected2 10/8/2012
  • 3. Features of the debate• IP’s contribution to economic growth and development• Emphasis on content users’ “rights”• Focus on “exceptions” to or “limitations” on copyright• Higher degree of regulation• Demands for better information and greater transparency• Transactional simplicity and automation3 10/8/2012
  • 4. USA: The GSU Case• Cambridge University Press, Oxford University Press, and SAGE, versus Georgia State University• Original lawsuit 2008; trial 2011; court’s ruling May 2012; plaintiffs announced appeal September 2012• Key issue at stake: what constitutes “Fair Use” of copyrighted content in a university’s e-reserve system?• Initial ruling established “bright lines” – a quantitative test for fair use – 10% of total page count for books with nine or fewer chapters – One complete chapter for books with ten + chapters4 10/8/2012
  • 5. USA: The GSU Case• What about copying more than these guidelines? – Did the book make significant revenue from licensing? – Is the book available for licensing?• So, what’s the bottom line? – It’s not an infringement to copy less than 10% of a book? – It’s not an infringement to copy more if it’s unavailable for licensing? – It’s not an infringement to copy more if a digital license is available but the book has limited licensing revenue?• Was the judgment “a crushing defeat for publishers”?• Or has “the court misunderstood and misapplied the law”?5 10/8/2012
  • 6. Canada: Copyright Modernization Act (aka C-11)• Expands “fair dealing” categories to include education• “A catalyst for endless bouts of litigation and uncertainty”• Allows educational institutions to reproduce a work unless it’s “commercially available in the Canadian market” or if a license is available from a collecting society• Institutions with a reprographic license to reproduce works may now make digital reproductions of those works6 10/8/2012
  • 7. Canada: Supreme Court rulings 2012• Supreme Court’s judicial review of earlier Copyright Board and Federal Court decisions on fair dealing• Referred case back to the Copyright Board• Photocopies made by teachers of parts of textbooks for use during course by students represent fair dealing• Policies being developed based on interpretation of ruling: – “Short excerpts” may be copied to each student in a class/course – May be a class handout, in a course pack, or posted to a CMS – One chapter, one periodical article, 10% of a literary work, a newspaper article, an entry in an encyclopedia or dictionary – Copying of multiple entries from single work is prohibited7 10/8/2012
  • 8. Canada: Supreme Court rulings 2012• Does this mean all copying in schools is now free? – Ruling covers only copying for private study and research where the teacher instructed pupils to read the content – Covers only elementary and secondary schools – Covers only 7% of copying done in schools (Access Copyright) – Licenses still required (?)• “The results will be nothing less than seismic”.8 10/8/2012
  • 9. EU: Directive on Orphan Works• Establishes common rules for the digitization of orphans• Facilitates mass digitization projects such as Europeana• Defines rules for how to identify orphan works• Orphan status applies across the EU after a “diligent” search• Stipulates how orphan works may be used• Publicly accessible database of “orphan information” (OHIM)• Stakeholder consultation now underway on OP titles• Questions on how rightsholders are compensated post-use?9 10/8/2012
  • 10. Around the world: things to watch• India – OUP, CUP, T&F versus Delhi University & Rameshwari Photocopy Services (course packs)• EU – Proposed Directive on collective rights management & multi-territorial licensing – Proposals for the re-use of Public Sector and Open Data – Open Access to Horizon 2020 research findings• UK – Hargreaves, Hooper, and the Copyright Hub10 10/8/2012
  • 11. Around the world: things to watch• China – Revisions to copyright law• WIPO – Copyright exceptions for the visually impaired (TIGAR)11 10/8/2012
  • 12. Conclusion• The debate is intensifying• Balancing the interests of rightsholders and users• Is the pendulum swinging too far?• Far-reaching effects for businesses• Stay informed and involved12 10/8/2012
  • 13. Thank you!Michael HealyExecutive Director, Author & Publisher Relationsmhealy@copyright.com