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Copyright

Politicians Speaking Out on ACTA

Politicians in Europe and Mexico are speaking out on the Anti-Counterfeiting Trade Agreement just as ACTA nears completion. In Europe, a majority of the European Parliament has signed Written Declaration 12. Initiated by MEPs FranÃ§oise Castex (S&D, FR), Alexander Alvaro (ALDE, DE), Stavros Lambrinidis (S&D, GR) and Zuzana RoithovÃ¡ (EPP, CZ). It expresses concern about ACTA by declaring that the negotiated agreement must respect freedom of expression, privacy, and net neutrality. By obtaining support from a majority of MEPs, the declaration may be deemed adopted. The full declaration states:

September 8, 2010 — 1 comment — News

ACTA’s Enforcement Practices Chapter: Countries Reach Deal as U.S. Caves Again

I posted yesterday on the updated Internet chapter in the latest version of ACTA, which features a major change on secondary liability and the U.S. attempt to clawback on recent domestic DMCA changes by arguing against linking circumvention and copyright infringement. While there remains a number of issues to be determined in that chapter (and a great deal to be addressed in the other IP enforcement chapters on criminal provisions, civil enforcement, and border measures), the rest of ACTA has largely been decided. As in the Internet chapter, where compromise was needed it was the U.S. that did most of it, as it becomes increasingly apparent that the USTR is willing to agree to almost anything in order to bring home an agreement before the next round of elections in November.

The remaining chapters are Enforcement Practices (previously chapter four, but now chapter three), International Co-operation, Institutional Arrangements, and Final Provisions. A closer look at each chapter and the most notable changes:

September 7, 2010 — 4 comments — News

U.S. Court Sides With Artist in Royalty Dispute, Record Label Vows To Fight

The WSJ reports on a legal battle between Eminem and Universal Records over royalties due for downloads from iTunes. The court sided with the artist, which would result in a significantly higher royalty rate. The music label has vowed to fight the decision.

September 7, 2010 — 4 comments — News

Federal Court Decision Raises Questions About Need for New Making Available Right

Howard Knopf posts on new decisions from the Federal Court of Appeal which suggest that there is effectively a making available right in the case of musical works in Canadian copyright law and no need for further reform on the issue.

September 7, 2010 — 2 comments — News

ACTA Text Leaks: U.S. Concedes on Secondary Liability, Wants To Go Beyond DMCA on Digital Locks

Given the history of ACTA leaks, to no one’s surprise, the latest version of the draft agreement was leaked last night on KEI’s website. The new version – which reflects changes made during an intense week of negotiations last month in Washington – shows a draft agreement that is much closer to becoming reality. Square brackets have been removed from many sections, leaving the core issue of scope of the agreement as the biggest issue to be resolved when the next round of negotiations begins in a few weeks in Japan.

Perhaps the most important story of the latest draft is how the countries are close to agreement on the Internet enforcement chapter. The Internet enforcement chapter has been among the most contentious since the U.S. first proposed draft language that would have globalized the DMCA and raised the prospect of three strikes and you’re out. In the face of opposition, the U.S. has dropped its demands on secondary liability but is still holding out hope of establishing digital lock rules that go beyond the WIPO Internet treaties and were even rejected by its own courts.

The key takeaways from the Internet chapter, noting that Canada has reserved the right to revisit elements of this chapter at a later date:

September 6, 2010 — 21 comments — News