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Copyright Concerns
    Around the World

    Michael Healy, Copyright Clearance Center
    Publishers Launch, Frankfurt: October 2012




1
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 affected
2   10/8/2012
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 automation




3   10/8/2012
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 + chapters


4     10/8/2012
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
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 works




6   10/8/2012
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 prohibited

7     10/8/2012
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
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
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 Hub


10     10/8/2012
Around the world: things to watch

• China
     – Revisions to copyright law

• WIPO
     – Copyright exceptions for the visually impaired (TIGAR)




11     10/8/2012
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 involved




12   10/8/2012
Thank you!

Michael Healy
Executive Director, Author & Publisher Relations
mhealy@copyright.com

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Copyright Concerns Around the World

  • 1. Copyright Concerns Around the World Michael Healy, Copyright Clearance Center Publishers Launch, Frankfurt: October 2012 1
  • 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 affected 2 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 automation 3 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 + chapters 4 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 works 6 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 prohibited 7 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 Hub 10 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 involved 12 10/8/2012
  • 13. Thank you! Michael Healy Executive Director, Author & Publisher Relations mhealy@copyright.com