[A2k] Latest IFLA activity on copyright reforms

Ariadna Matas Casadevall Ariadna.Matas at ifla.org
Tue Apr 17 09:04:02 PDT 2018

Dear all,
I'd like to share some of the latest activity at IFLA with regards to copyright reforms. I hope you find it useful!

Comments by IFLA to the South African Copyright Amendment Bill [B13-2017]<https://www.ifla.org/files/assets/clm/2018_comments_by_ifla_tot_he_sa_copyright_amendment_bill_b13-2017.pdf>
Seeing that the reform was taking a different turn, IFLA sent a letter to underline the need to keep exceptions and limitations for libraries and archives, as well as fair use, on the Bill. IFLA had already made a submission in July 2017<https://www.ifla.org/node/11521>.

IFLA sends comments to the Senate of the Republic of Colombia on the copyright reform<https://www.ifla.org/node/36865?og=29>
Colombia is now in the process of reforming its copyright law (Ley 23 de 1982). In view of this reform and of the debate at the Comisión Primera of the Honourable Senate of the Republic of Colombia, IFLA submitted written comments and suggestions for specific changes to the Bill.

#Copyright4Libraries in 2018
Following the blog post on Copyright in 2018<https://blogs.ifla.org/lpa/2018/02/15/copyright-for-libraries-in-2018-part-1/>, here's some updates and further information on (mostly) ongoing copyright reforms.
An up-to-date google spreadsheet is available here<https://docs.google.com/spreadsheets/d/1tziJRC5fKIP5rUITti2v9cEiVzMjCFgIqvsBwtL5dvM/edit?usp=sharing> (feel free to add in comments).

the Irish Government has published a Bill <https://www.oireachtas.ie/documents/bills28/bills/2018/3118/b3118d.pdf> to amend the Irish Copyright Act. Among other provisions, it contains amendments on the topics of: text and data mining for non-commercial research; format shifting by librarians or archivists; fair dealing by librarians and archivists; illustration for education, teaching or scientific research; distance learning provided by educational establishment; use by educational establishment of work available through Internet; licensing schemes for educational establishments.

The Bill is expected to progress through the Houses of the Oireachtas in the coming months.  You can follow the progress of the Bill through the Houses of the Oireachtas<http://www.oireachtas.ie/viewdoc.asp?DocID=37989&&CatID=59> on their website.

The consultation paper<https://www.communications.gov.au/have-your-say/copyright-modernisation-consultation> was released in March. Submissions are welcome until the 4 June 2018. The consultation looks mainly at these three topics: flexible exceptions, access to orphan works and contracting out of copyright exceptions.

The United States is moving towards ratification of the Marrakesh Treaty (see the official version here<http://www.librarycopyrightalliance.org/storage/documents/Marrakesh_Act_PR_final.pdf>).

Technical workgroup members will have until 15 July 2018 to give their input. There are attempts to reduce the scope of the bill only to music industry copyright provisions and not to exceptions and fair use as initially written.

Discussions on publicly funded research (currently at the Congress).

KYRGYZSTAN (see EIFL's post on this here<http://www.eifl.net/news/new-era-copyright-kyrgyzstan>)
"In March 2017, the law on copyright and related rights of the Kyrgyz Republic was amended to include important changes for the benefit of libraries, educational institutions and persons with print disabilities."

Joined the Berne Convention March 2, 2018 (see here<http://www.wipo.int/treaties/en/notifications/berne/treaty_berne_279.html>).

Steps by the Commerce and Consumer Affairs Minister Kris Faafoi to move towards ratification of the Marrakesh Treaty.

The main areas of the Amendments proposed by the Copyright (Amendment) Bill, 2017:

-          Computer Programs captured within fair dealing;

-          Circumvention of Technological Protection measures now a possibility in limited situations;

-          Exceptions for reproduction of works in formats accessible specifically by the visually impaired or otherwise disabled (Marrakesh Treaty);

-          Introduction of Artist resale rights and the provision for visual artists to form CMO's;

-          Collection of royalties by the Kenya Revenue Authority of imports of audio recording equipment and accessories (has elicited much debate);

-          Protection now availed for the rights of a producer of sound recordings;

-          Introduction of circumstances affording protection of ISP's against infringement;

-          Introduction of Corporate liability for infringement;

-          Mechanisms for investigation of CMO'S and actions against board members.

The Government has introduced a bill to revise part of the School Education Act<http://www.mext.go.jp/b_menu/houan/an/detail/1401720.htm> and to revise part of the Copyright Act<http://www.mext.go.jp/b_menu/houan/an/detail/1401718.htm>. This second part is divided into four sections, two of which are to allow digital textbooks adopted and to extend the right to use digital objects in archives. There seem to be provisions related to display of works for students/researchers, Marrakesh-related and extension of existing CHI exceptions, among others.

GERMANY - information is now available in English: https://www.gesetze-im-internet.de/englisch_urhg/index.html
-          Section 60a. Teaching in educational establishments. The amount of a work that can be used has been concretized to 15%. It applies to childhood educational establishments, schools, universities, vocational schools and other training and further education institutions.
-          Section 60b. Media collections for teaching. They may use up to 10% of a work for such collections.
-          Section 60c. Scientific research. Also up to 15% of a work may be used for the purpose of non-commercial scientific research, but up to 75% may be reproduced for personal scientific research. In the case of illustrations, isolated articles of a journal and other small-scale works and OOCW may be used in full.
-          Section 60d. Text and data mining. For non-commercial scientific research (reproduction and making available). The corpus and reproductions of the source materials need to be deleted after research has been conducted / alternatively long-term storage is possible under the surveillance of certain institutions.
-          Section 60e. Libraires. Reproduction exception for the purpose of making available, indexing, cataloguing, preservation and restoration.
-          Section 60f. Archives, museums and educational establishments. Very similar exception as 60e.
-          Section 60g. Lawfully permitted use and contractually authorised use. Contract override with regards to the provisions from 60a and 60f.
-          Section 60h. Equitable remuneration of lawfully permitted uses. Referring uses in the subchapter (all previous articles with some exceptions).

Many thanks,

Ariadna Matas
IFLA Policy and Research Officer

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