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    Cci final Cci final Presentation Transcript

    • Copyright Law in the Arab World- Engaging with Policy and Law Makers Professor Brian Fitzgerald, Rami Olwan and Abdullah Johar CCI Symposium, 12 November Melbourne
    • Introduction • Copyright law - engage in research and dialogue with China and the Arab world - growth/developing areas - about what they need and see as the future
    • Creative Innovation • The British Prime Minister, David Cameron: “In making the announcement the PM pointed to the fair use copyright provisions in the United States as a possible model for reform: Over there, they have what are called fair use provisions, which some people believe gives companies more breathing space to create new products and services. So I can announce today that t we are reviewing our IP laws, to see if we can make them fit for the Internet age. I want to encourage the sort of creative innovation that exists in America.” • Binnie J in Theberge v. Galerie d'Art du Petit Champlain Inc: “Excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long-term interests of society as a whole, or create practical obstacles to proper utilization”.
    • History • Considered as a new phenomenon in the Arab world. • Egypt introduced the first copyright law in the Arab world in 1954 • Before this courts applied principles of Justice to protect IPRs • Role of Sharia law
    • New Developments • The main factors that influenced the development of Arab copyright laws are as follows: - Joining the WTO - WCT and WPPT (1996). - signing FTAs with the US
    • Digital Era • Digital content is subject to copyright and is owned by a particular author or company. • The arrival of the digital technologies provides great opportunities for Arab countries to access information and to acquire knowledge. • In the digital environment every information flow is potentially a copyright infringement – a reproduction or a communication to the public. • The law was amended on several occasions in response to the digital technologies.
    • IP and Development • Development constitutes one of the most important challenges facing the international community. • Copyright protects a wide range of tools, which are vital to education, health, and literacy. • Intellectual property and its relationship to development remain poorly understood to most policy makers in developing countries. • Arab countries have to rethink their intellectual property laws with a ‘development lens’ to meet their needs and accelerate their economic and social development.
    • By Wildinframes, http://www.flickr.com/photos/subpra/4513436359/sizes/z/in/photostream/
    • / By Andrew, http://www.flickr.com/photos/salmiakki/2114351085
    • By Berger/ Paroalps , http://www.flickr.com/photos/romberger/737684456/
    • Background • Teaching assistant at UAE University. • Master in IP Law from Indiana University. • PhD candidate at QUT.
    • UAE Copyright Law • The Law protects the owners of copyright over users. • There are few exceptions to copyright protection on digital materials. • No exception to TPMs provision. • No Safe harbour to the ISP liability. • Limited scope of the personal use exception (in relation to software).
    • Recommendations • Provide adequate limitations and exceptions that suit the digital age. • Adopt an innovation policy within the copyright Law. • Enhance public awareness of the importance of copyright to information flow and cultural exchange. • More engagement with the policy and law makers in the UAE.
    • Voluntarily Mechanisms • Many IP scholars have stressed the importance of promoting and using voluntarily mechanisms such as CC and FOSS for developing countries. • Arab countries should understand and use flexible licensing regimes such as CC to make their work available for sharing and reuse • CC could be used as one solution for copyright problems • FOSS should be seriously considered in Arab countries as it could bring many opportunities to the region.
    • By Theboybg, http://www.flickr.com/photos/theboybg/3755377406
    • CC Policy Makers and Industry Leaders Arab World Forum • The aim of the forum is to invite senior policy makers (judges, government officials, ministers and academics) and industry leaders (eg Al Jazeera) for a two day meeting in Amman, Jordan to discuss the use of CC in the Arab world in government, academia, culture and business. • The forum will also invite legal scholars and copyright experts from the region and abroad to assess to what extent CC legal framework can fit with the civil legal system and copyright law of Jordan and other Arab countries. • It will bring together people from different disciplines to examine the importance of open content licensing (including CC) and will contribute to the discussion around increasing the amount of Arabic content online.
    • CC Policy Makers and Industry Leaders Arab World Forum • The outcomes of this forum will be: A) A book. B) A guide. C) Better informed public policy and decision making and the uptake of CC licensing by business, government and education sectors in the Arab region. • We are targeting the senior leaders and decision makers in both the public and private sectors who can influence decision making regarding CC for the long term benefit of the general public.
    • Thank You!
    • References - Peter Yu, “A Tale of Two Development Agendas” (2009) 35 Ohio N.U. L. Rev. 465 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1349967 - Margret Chon, Intellectual Property and the Development Divide (2006) 27 Cordozo Law Review, 2821- 2912