[A2k] Memorandum of Understanding Concerning the Interpretation of the Right of Quotation

Jeremy Malcolm jeremy at ciroap.org
Wed Sep 26 20:26:05 PDT 2012

Sorry if you've seen this before; it has been going out in progressively
broader circles, beginning with those who were involved at earlier
stages of its development.  Thanks to those who have already commented,
and excuse the noise.

In May this year, Consumers International (CI) co-hosted (with BEUC and
Copyright for Creativity) an event titled "I Want it Now! Creators
addressing consumers' needs in the digital age" at the European
Parliament for stakeholders to come together to debate the shortcomings
of European copyright law, and to discuss how some of these shortcomings
could be bridged by agreement, pending longer term law reform.

One proposal for doing this that was supported by a number of
participants at the meeting was the development of an agreed code of
conduct on the exercise of the quotation copyright limitation.  There
could be much scope for a modern interpretation of the quotation
limitation to address some of the gaps in copyright law, that may
otherwise make it illegal for consumers to use works in school projects,
Powerpoint presentations or non-commercial mash-up videos - all of which
would amount to "fair use" under US copyright law.

CI took the initiative of commissioning the preparation of such a
document from learned copyright scholar Martin Senftleben, Professor of
Intellectual Property at VU University Amsterdam.  (The co-organisers of
the Brussels event, though aware of this initiative, aren't involved in
this part of it and should not be assumed to endorse the draft.)  This
has now been posted to CI's A2Knetwork.org website as a draft for


Please visit that site to read through the draft text, as well as
Professor Senftleben's detailed commentary.  You can leave your comments
directly on the website itself, or by replying to this list.  There are
a couple of avenues for taking this work further: a second meeting of
stakeholders to agree on a text is planned (subject to funding), and the
text may feed into a broader but complementary project on quotation that
some of the other stakeholders in "I Want it Now!" are pursuing in parallel.


*Dr Jeremy Malcolm
Senior Policy Officer
Consumers International | the global campaigning voice for consumers*
Office for Asia-Pacific and the Middle East
Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg, TTDI, 60000 Kuala Lumpur,
Tel: +60 3 7726 1599

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