Post Tagged with: "fair use"

The Strategy Behind the U.S. Call For a Fair Use Provision in the TPP

The USTR took many by surprise yesterday by announcing that it will seek the inclusion of a fair use provision within the Trans Pacific Partnership agreement. It specifically stated:

For the first time in any U.S. trade agreement, the United States is proposing a new provision, consistent with the internationally-recognized “3-step test,” that will obligate Parties to seek to achieve an appropriate balance in their copyright systems in providing copyright exceptions and limitations for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. These principles are critical aspects of the U.S. copyright system, and appear in both our law and jurisprudence. The balance sought by the U.S. TPP proposal recognizes and promotes respect for the important interests of individuals, businesses, and institutions who rely on appropriate exceptions and limitations in the TPP region.

The USTR announcement was welcomed by civil society groups, though most noted that the specific text was not released and that it could actually create new limits on fair use. That is certainly a concern – release of the text is essential – but the attempt to export a U.S.-style fair use provision makes sense for several reasons.

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July 4, 2012 8 comments News

The Canadian Perspective on the GSU Fair Use Case

Ariel Katz has an exhaustive, 4,000 word must-read post on the Georgia State University fair use decision and some of the implications for Canadian copyright and the university licensing. Every Canadian university that signs the Access Copyright letter of intent today should read this post first.

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May 15, 2012 1 comment News

U.S. Court Issues Major Fair Use Decision

A U.S. court has released its decision in a major fair use case involving the Georgia State University e-reserves. Discussion of the 355 page decision here, here, and here.

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May 14, 2012 Comments are Disabled News

The Economic Contribution of Fair Use

The Computer and Communications Industry Association has released a report measuring the economic contribution in the U.S. of the industries that rely on fair use.

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July 12, 2011 3 comments News

An Open Letter to Harper on Fair Use

Meera Nair has crafted an excellent open letter to Prime Minister Stephen Harper urging the government to implement a fair use provision in the Copyright Act.

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June 3, 2011 1 comment News